Title 01 · WY
1-22-108, the adoption of a child may be ordered without the
Citation: Wyo. Stat. § 1-22-108
Section: 1-22-108
1-22-108, the adoption of a child may be ordered without the written consent of a parent or the putative father if the court finds that the nonconsenting parent or putative father is unknown and that the putative father has not registered under W.S. 1-22-117 and the affidavit required by W.S. 1-22-109(a)(iv) has been filed with the petition to adopt or if the court finds that the putative father or the nonconsenting parent or parents have:
(i) Been given notice of the hearing as provided in W.S. 1-22-107 and has failed to answer or appear at the hearing; or (ii) Been judicially deprived of parental rights of the child for any reason; or
(iii) Willfully abandoned or deserted the child; or
(iv) Willfully failed to contribute to the support of the child for a period of one (1) year immediately prior to the filing of the petition to adopt and has failed to bring the support obligation current within sixty (60) days after service of the petition to adopt; or
(v) Willfully permitted the child to be maintained in or by a public or private institution or by the department of family services for a period of one (1) year immediately prior to the filing of the petition without substantially contributing to the support of the child; or
(vi) Failed, within thirty (30) days after receiving notice of the pending birth or birth of the child, to advise or notify the agency which gave the putative father the notice of pending birth or birth of his interest in or responsibility for the child or his declaration of paternity; or
(vii) Been adjudged by a court to be guilty of cruelty, abuse, neglect or mistreatment of the child; or
(viii) Caused the conception of the child born out of wedlock as a result of sexual assault or incest for which he has been convicted; or
(ix) Willfully failed to pay a total dollar amount of at least seventy percent (70%) of the court ordered support for a period of two (2) years or more and has failed to bring the support obligation one hundred percent (100%) current within sixty (60) days after service of the petition to adopt.
(b) Any petition filed pursuant to paragraphs (a)(iv) or (ix) of this section shall contain a clear statement of the consequences of the respondent's failure to bring the support obligation current.
1-22-111. Decree; investigation; denial of adoption.
(a) After the petition to adopt has been filed and a hearing held the court acting in the best interest and welfare of the child may make any of the following orders: (i) Enter an interlocutory decree of adoption giving the care and custody of the child to the petitioners pending further order of the court;
(ii) Defer entry of an interlocutory decree of adoption and order the department of family services or a private licensed agency to investigate and report to the court the background of the child and of the petitioners, and the medical, social and psychological background and status of the consenting parent and putative father. After a written report of the investigation is filed, the court shall determine if the adoption by petitioners is in the best interest and welfare of the child and thereupon enter the appropriate order or decree;
(iii) Enter a final decree of adoption if the child has resided in the home of the petitioner for six (6) months; or
(iv) Deny the adoption if the court finds that the best interests and welfare of the child will be served by such denial.
(b) If the court denies the adoption it shall make an order for proper custody consistent with the best interest and welfare of the child.
1-22-112. Application for final decree.
(a) If an interlocutory decree has been entered petitioners may apply for a final decree of adoption after the child has resided in the home of the petitioners for six (6) months and a hearing on the petition may be required.
(b) If an interlocutory decree has not been entered a hearing on the petition for a final decree of adoption shall be set as provided in W.S. 1-22-106, notice thereof shall be given as provided in W.S. 1-22-107 and a final hearing shall be had on the petition.
1-22-113. Petition for adoption of an adult; consent required.
When a petition to adopt an adult is filed a copy of the petition together with a summons issued as in other civil actions shall be served on the adult. If the adult objects to adoption by the petitioner the petition shall be dismissed. When the consent of the adult is given, the petition shall be granted and a final decree of adoption made and entered. The decree may change the name of the adopted person.
1-22-114. Effect of adoption.
(a) Upon the entry of a final decree of adoption the former parent, guardian or putative father of the child shall have no right to the control or custody of the child. The adopting persons shall have all of the rights and obligations respecting the child as if they were natural parents.
(b) Adopted persons may assume the surname of the adoptive parent. They are entitled to the same rights of person and property as children and heirs at law of the persons who adopted them.
1-22-115. Subsidization of adoption; qualification for payments; authority to adopt rules and regulations.
(a) The department of family services may grant subsidy payments to the adoptive parent of a child or to another person on behalf of the child, if, at the time the child is placed for adoption:
(i) The child is in the legal custody of the department or a private child placement agency certified by the state and is legally available for adoption;
(ii) The department or a certified private child placement agency is financially responsible for the child;
(iii) Reasonable efforts to place the child for adoption prior to consideration of a subsidy payment have been unsuccessful;
(iv) The child has special needs as determined by the division; and
(v) The department or a certified private child placement agency has determined the adoptive parent can provide for the nonfinancial needs of the child.
(b) Subsidy payments under this section may provide for the cost of health, maintenance, medical and surgical treatment and costs incurred for the adoption, care, training and education of the child. (c) The determination of an adoptive parent's eligibility for subsidy payments shall be made before the completion of the legal adoption of the child. All payments shall be reviewed not less than annually by the department. Subsidy payments may continue, subject to rules and regulations of the department, for any adoptive parent terminating Wyoming residency with the child in custody.
(d) The department of family services shall adopt a plan pursuant to P.L. 96-272 and rules and regulations necessary for the administration of this section.
(e) Subsidy payments made under this section shall:
(i) Not exceed the amount of payments for comparable assistance under foster care;
(ii) Be terminated or reduced if the need for payments has altered or no longer exists as determined by the department or if the child has reached the age of majority; and
(iii) Be made from funds appropriated to the department for foster care purposes.
(f) The department of family services may accept on behalf of the state any available federal funds for purposes consistent with this section. The department shall administer the funds in conformance with this section and the terms and conditions under which they are issued.
1-22-116. Medical history of natural parents and adoptive child.
To the extent available, the medical history of a child subject to adoption and his natural parents, with information identifying the natural parents eliminated, shall be provided by an authorized agency or may be provided by order of a court to the child's adoptive parent any time after the adoption decree or to the child after he attains the age of majority. The history shall include but not be limited to all available information regarding conditions or diseases believed to be hereditary, any drugs or medication taken during pregnancy by the child's natural mother and any other information which may be a factor influencing the child's present or future health. The department of family services shall promulgate rules governing the release of medical histories under this section. 1-22-117. Putative father registry.
(a) The department of family services shall establish a putative father registry which shall record the names and addresses of:
(i) Any person adjudicated by a court of this state to be the father of a child born out-of-wedlock;
(ii) Any person who has filed with the registry before or after the birth of a child out-of-wedlock, a notice of intent to claim paternity of the child;
(iii) Any person adjudicated by a court of another state or territory of the United States to be the father of an out-of-wedlock child, where a certified copy of the court order has been filed with the registry by that person or any other person; and
(iv) Any person who has filed with the registry an instrument acknowledging paternity.
(b) A person filing a notice of intent to claim paternity of a child or an acknowledgement of paternity shall include therein his current address and shall notify the registry of any change of address pursuant to procedures prescribed by regulations of the department.
(c) A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed therewith and, upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
(d) An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
(e) The department of family services shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency, and such information shall not be divulged to any other person, except upon order of a court for good cause shown.
ARTICLE 2 - CONFIDENTIAL INTERMEDIARIES 1-22-201. Definitions.
(a) As used in this act:
(i) "Adoptee" means a person who, as a minor, was adopted pursuant to a final decree of adoption entered by a court;
(ii) "Adoptive parent" means an adult who has become a parent of a minor through the legal process of adoption;
(iii) "Adult" means a person eighteen (18) years of age or older;
(iv) "Biological grandparent" means a parent, by birth or adoption, of a biological parent;
(v) "Biological parent" means a parent, by birth, of an adopted person;
(vi) "Biological sibling" means a sibling, by birth, of an adopted person;
(vii) "Chief justice" means the chief justice of the Wyoming supreme court;
(viii) "Confidential intermediary" means a person twenty-one (21) years of age or older who has completed a training program for confidential intermediaries which meets the standards set forth by the commission pursuant to W.S.