Consent to Adoption - Wyoming

Who Must Consent to an Adoption

Citation: Ann. Stat. § 1-22-109

The consent to adoption shall be signed by the following:

• Both parents if living
• The surviving parent
• The mother and putative father of the child if the name of the putative father is known
• The mother alone if she does not know the name of the putative father, in which case she shall sign and file an affidavit so stating, and the court shall determine whether the putative father has registered and, if so, shall require notice to be given to the putative father
• The legal guardian of the person of the child if neither parent is living or if parental rights have been judicially terminated
• The executive head of the agency to whom the child has been relinquished for adoption
• The person having exclusive legal custody of the child by court order
• The legally appointed guardian of any parent or putative father who has been adjudged mentally incompetent

Consent of Child Being Adopted

Citation: Ann. Stat. § 1-22-109

If the child to be adopted is age 14 or older, his or her written consent to adoption shall also be filed with the petition to adopt.

When Parental Consent is not Needed

Citation: Ann. Stat. § 1-22-110

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, that the putative father has not registered, and the affidavit required by § 1-22-109(a)(iv) has been filed with the petition to adopt or if the court finds that any of the following applies to the putative father or the nonconsenting parent or parents:

• They have been given notice of the hearing and have failed to appear at the hearing.
• They have been judicially deprived of parental rights of the child for any reason.
• They willfully abandoned or deserted the child.
• They willfully failed to contribute to the support of the child for a period of 1 year immediately prior to the filing of the adoption petition and failed to bring the support obligation current within 60 days after notice of the adoption petition.
• They willfully permitted the child to be maintained in a public or private institution or by the Department of Family Services for a period of 1 year without substantially contributing to the support of the child.
• A putative father failed, within 30 days after receiving notice of the pending birth or birth of the child, to notify the agency that gave him the notice of his interest in or responsibility for the child or his declaration of paternity.
• They have been adjudged by a court to be guilty of cruelty, abuse, neglect, or mistreatment of the child.
• A man has been convicted of sexual assault or incest, and the act caused the conception of the child.
• They willfully failed to pay at least 70 percent of the court-ordered support for a period of 2 years or more and has failed to bring the support obligation 100 percent current within 60 days after service of the adoption petition.

When Consent Can Be Executed

Citation: Ann. Stat. § 1-22-109

The consent to adoption shall be signed any time after the birth of the child.

How Consent Must Be Executed

Citation: Ann. Stat. § 1-22-109

A written relinquishment of custody of the child to be adopted and written consent to adoption shall be filed with the petition to adopt. The consent shall be acknowledged or may be approved in the following manner:

• The consent shall be acknowledged by any of the following:
  • A person authorized to take acknowledgments
  • A representative of the department
  • A representative of a certified agency to whom the custody of the child is being relinquished for adoption
• If not acknowledged as provided above, the consent to adoption may be approved by the court after the following:
  • The person giving the consent has appeared before the court in an informal hearing in court chambers.
  • The court finds that the consent is knowingly and voluntarily given.

The consent to adoption and the relinquishment of custody of a child for adoption may be contained in a single instrument.

Revocation of Consent

Citation: Ann. Stat. § 1-22-109(d)

Consent to adoption and the relinquishment of a child for adoption are irrevocable unless obtained by fraud or duress, except that if the court should deny the adoption on account of a claim or objection of the putative father of the child, the court may also allow the mother of the child to withdraw her consent and relinquishment. The consent or relinquishment by a parent who is a minor is valid and may not be revoked solely because of minority.