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Wyoming Statutes 1-22-101to 1-22-116 and 1-22-201 to 1-22-203(1995) Who Can Adopt? Any adult who has lived in the State during the 60 days prior to the filing ofthe adoption petition and who is determined by the court to be fit andcompetent to be a parent may adopt. A husband and wife must file jointly,unless a stepparent is adopting; then the stepparent can adopt without thenatural parent joining in the adoption. Who Can Be Adopted? Any person can be adopted who is in the State at the time the adoptionpetition is filed. Consent to Adoption The following parties must give their written consent to the adoption: (1) both natural parents; (2) the mother and the putative father, if his name is known; (3) the mother alone if she does not know the name of the putative father; (4) the legal guardian of the adoptee, if neither parent is living or theirparental rights have been terminated; (5) the head of the agency to whom the child has been given for adoption; (6) the person having legal custody by court order; (7) the legally appointed guardian of any parent or putative father who hasbeen determined to be mentally incompetent; and (8) the adoptee who is over 14 years of age. Consent is not required of the parent when the parent (1) has been given notice of the hearing and has not responded; (2) has had his or her parental rights terminated; (3) has willfully abandoned or deserted the child; (4) has willfully failed to contribute to the support of the child for 1 year,or pay at least 70% of the court-ordered support for a period of 2 years; (5) has willfully allowed the social service agency to maintain custody for 1year; (6) has been determined to be guilty of cruelty, abuse, neglect, ormistreatment of the child; or (7) caused the conception of the child as a result of sexual assault or incestfor which he has been convicted. Consent to adoption is irrevocable, unless obtained by fraud or duress. Putative Father's Rights/Registry The putative father may object to the adoption and must appear at the hearingto acknowledge his paternity. The court shall determine whether: his claim ofpaternity is established, he has shown an interest in and responsibility forthe child within 30 days after receiving notice of the child's birth, hisobjections to the adoption are valid, and whether it will be in the bestinterest of the child to grant the putative father's claim of paternity. The putative father has no right to assert paternity unless he is known andidentified by the mother or agency, or unless he lived with or married themother after the birth of the child prior to the petition to adopt is filed orunless he has acknowledged the child as his own by asserting paternity orregistering with the putative father registry. The Department of Family Services shall establish a putative father registrywhich shall record the names and addresses of: (1) any person adjudicated by the court to be the father of a child bornout-of-wedlock; (2) any person who has filed with the registry before or after the birth of achild, a notice of intent to claim paternity of the child; (3) any person who has filed with the registry an instrument acknowledgingpaternity. A person who has filed a notice of intent to claim paternity may at any timerevoke a notice of intent previously filed. Confidentiality All adoption proceedings shall be confidential and held in closed court. Theadoption records and papers shall be kept sealed and confidential and shall beavailable for inspection upon a court order. The medical history of the child and his natural parents shall be provided tothe adoptive parents at the time of adoption, or to an adult adoptee, by anauthorized agency or upon a court order. This information shall not revealidentifying information regarding the birth parents. Any adult adoptee, adoptive parent, biological parent, biologicalgrandparents, or biological sibling who is 19 years of age or older may requestthe appointment of a confidential intermediary to locate an unknown biologicalrelative. This intermediary may only release information and arrange contactupon consent of both parties. Nonidentifying medical information shall be provided to the adoptive parentsor the adoptee if 18 years old. An adult adoptee (18), adoptive or biologicalparents, siblings, or grandparents may file a motion with the court to have aconfidential intermediary inspect adoption records. Contact will be made whenwritten consent is received from all parties. If consent is not given theinformation will not be disclosed. Permissible Fees There are no provisions in the law regarding permissible fees. Place of Adoption Hearing Adoption hearings shall take place in the district court (the law does notspecify of which county). Authority To Place Child Any person legally empowered to place children for adoption or a certifiedprivate child welfare agency or the Department of Family Services can place achild. Relative Adoption A medical report shall not be required when a parent of the child joins in thepetition to adopt. |
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Wyoming State Bar |
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