Title 14 · WY
14-2-809(b);
Citation: Wyo. Stat. § 14-2-809
Section: 14-2-809
14-2-809(b);
(iii) In the case of an adjudication issued by a court of this state, the petition shall be filed only by the mother of the child, the adjudicated father of the child, the child, if the child was a party to the adjudication, or the legal representative of any of these parties. A petition filed by an individual who is not a party to the adjudication shall be filed pursuant to W.S. 14-2-809. The petition under this paragraph shall be filed no later than two (2) years after the petitioner knew or should have known that the paternity of the child was at issue.
(g) The court shall appoint an attorney to represent the best interests of a child if the court finds that the best interests of the child is not adequately represented. In cases concerning an adjudication of paternity pursuant to subsection (c) of this section, the court shall appoint an attorney to represent the best interests of the child. In determining the best interests of the child, the court shall consider the following factors:
(i) The length of time between the proceeding to adjudicate parentage and the time that the adjudicated father was placed on notice that he might not be the genetic father;
(ii) The length of time during which the adjudicated father has assumed the role of the father of the child;
(iii) The facts surrounding the adjudicated father's discovery of his possible nonpaternity;
(iv) The nature of the relationship between the child and the adjudicated father;
(v) The age of the child;
(vi) The harm that may result to the child if adjudicated paternity is successfully disproved;
(vii) The nature of the relationship between the child and any alleged father;
(viii) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and
(ix) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the adjudicated father or the chance of other harm to the child.
(h) The court may order genetic testing pursuant to article 7 of this chapter. (j) The court may grant relief on the petition filed in accordance with this section upon a finding by the court of all of the following:
(i) The relief sought is in the best interests of the child pursuant to the factors in this section;
(ii) The genetic test upon which the relief is granted was properly conducted;
(iii) The adjudicated father has not adopted the child;
(iv) The child is not a child whose paternity is governed by article 9 of this chapter;
(v) The adjudicated father did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child.
(k) If the court determines that test results conducted in accordance with W.S. 14-2-703 and 14-2-704 exclude the adjudicated father as the biological father, the court may nonetheless dismiss the action to overcome paternity and affirm the paternity adjudication if:
(i) The adjudicated father requests that paternity be preserved and that the parent-child relationship be continued; or
(ii) The court finds that it is in the best interests of the child to preserve paternity. In determining the best interests of the child, the court shall consider all of the factors listed in this section.
(m) If the court finds that the adjudication of paternity should be vacated, in accordance with all of the conditions prescribed, the court shall enter an order which provides all of the following:
(i) That the disestablishment of paternity is in the best interests of the child pursuant to the factors in this section;
(ii) That the adjudicated father is not the biological father of the child; (iii) That the adjudicated father's parental rights and responsibilities are terminated as of the date of the filing of the order;
(iv) That the birth records agency shall amend the child's birth certificate by removing the adjudicated father's name, if it appears thereon, and issue a new birth certificate for the child;
(v) That the adjudicated father is relieved of any and all future support obligations owed on behalf of the child from the date that the order determining that the established father is not the biological father is filed;
(vi) That any unpaid support due prior to the date the order determining that the adjudicated father is not the biological father is filed, is due and owing;
(vii) That the adjudicated father has no right to reimbursement of past child support paid to the mother, the state of Wyoming or any other assignee of child support.
(n) Participation of the Title IV-D agency in an action brought under this section shall be limited as follows:
(i) The Title IV-D agency shall only participate in actions if services are being provided by the Title IV-D agency pursuant to title 20 chapter 6 of the Wyoming Statutes;
(ii) When services are being provided by the Title IV-D agency under title 20 chapter 6 of the Wyoming Statutes, the Title IV-D agency may assist in obtaining genetic tests pursuant to article 7 of this chapter;
(iii) An attorney acting on behalf of the Title IV-D agency represents the state of Wyoming in any action under this section. The Title IV-D agency's attorney is not the legal representative of the mother, the adjudicated father or the child in any action brought under this section.
(o) The costs of genetic testing, the fee of any guardian ad litem and all court costs shall be paid by the person bringing the action to overcome paternity unless otherwise provided by law. (p) A man presumed to be the father of a child without adjudication of paternity may bring a proceeding to adjudicate paternity pursuant to W.S. 14-2-807.
ARTICLE 9 - CHILD OF ASSISTED REPRODUCTION
14-2-901. Scope of article.
This article does not apply to the birth of a child conceived by means of sexual intercourse or to the birth of a child under a gestational agreement as defined by W.S. 35-1-401(a)(xiv).
14-2-902. Parental status of donor.
A donor is not a parent of a child conceived by means of assisted reproduction.
14-2-903. Paternity of child of assisted reproduction.
A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in W.S. 14-2-904, with the intent to be the parent of her child, is the parent of the resulting child.
14-2-904. Consent to assisted reproduction.
(a) Consent by a woman and a man who intends to be the parent of a child born to the woman by assisted reproduction shall be in a record signed by the woman and the man. This requirement shall not apply to a donor.
(b) Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of paternity if the woman and the man, during the first two (2) years of the child's life resided together in the same household with the child and openly held out the child as their own.
14-2-905. Limitation on husband's dispute of paternity.
(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless: (i) Within two (2) years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(ii) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(i) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;
(ii) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(iii) The husband never openly held out the child as his own.
(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
14-2-906. Effect of dissolution of marriage or withdrawal of consent.
(a) If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
(b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
14-2-907. Parental status of deceased individual.
If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child. ARTICLE 10 - MEDICAID FAIRNESS ACT
14-2-1001. Short title.
This article may be cited as the "Medicaid Fairness Act."
14-2-1002. Definitions.
(a) As used in this article:
(i) "Birth cost" means all expenses relating to prenatal care, delivery of a child and any other costs which are directly connected to a pregnancy and paid by medical assistance;
(ii) "Department" means the department of family services created pursuant to W.S. 9-2-2101;
(iii) "Federal poverty level" means the federal poverty guideline updated annually in the federal register by the United States department of health and human services;
(iv) "Medical assistance" means as defined in W.S.