§ 1-22-109 — Consent to adoption

(a) A written relinquishment of custody of the child to be
adopted and written consent to adoption shall be filed with the
petition to adopt and shall be signed by:
(i) Both parents, if living; or
(ii) The surviving parent; or
(iii) The mother and putative father of the child if
the name of the putative father is known; or
(iv) 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 under W.S. 1-22-117 and if so,
shall require notice to be given to the putative father; or
(v) The legal guardian of the person of the child if
neither parent is living or if parental rights have been
judicially terminated; or
(vi) The executive head of the agency to whom the
child has been relinquished for adoption; or
(vii) The person having exclusive legal custody of
the child by court order; or
(viii) The legally appointed guardian of any parent
or putative father who has been adjudged mentally incompetent.
(b) If the child to be adopted is over the age of fourteen
(14) years his written consent to adoption shall also be filed
with the petition to adopt.
(c) The consent to adoption shall be signed any time after
the birth of the child. The consent shall be acknowledged or may
be approved in the following manner:
(i) The consent shall be acknowledged by a:
(A) Person authorized to take acknowledgments;
(B) Representative of the department of family
services; or
(C) Representative of a certified agency to whom
the custody of the child is being relinquished for adoption.
(ii) If not acknowledged as provided in paragraph (i)
of this subsection, the consent to adoption may be approved by
the court after:
(A) The person giving the consent has appeared
before the court in an informal hearing in court chambers; and
(B) The court finds that the consent is
knowingly and voluntarily given.
(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.
(e) The consent to adoption and the relinquishment of
custody of a child for adoption may be contained in a single
instrument.