§ 1-22-104 — Petition for adoption of minor; by whom filed; requisites, confidential nature; inspection; separate journal to be kept

Wyoming § 1-22-104

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 22: ADOPTION
• Art. 1: IN GENERAL

Text

(a) Adoption proceedings shall be commenced by a petition
filed in district court. The district court may transfer
jurisdiction of a petition to adopt a child to the juvenile
court if the child proposed for adoption in the petition is
under the prior and continuing jurisdiction of the juvenile
court.
(b) A petition may be filed by any single adult or jointly
by a husband and wife who maintain their home together, or by
either the husband or wife if the other spouse is a parent of
the child.
(c) The following documents shall be filed with every
petition to adopt a child:
(i) The appropriate consent to adoption pursuant to
W.S. 1-22-109;
(ii) Any relinquishments as provided by W.S. 1-22-109
necessary to show the court that the person or agency legally
authorized to have custody and control of the child prior to the
adoption, has duly relinquished the child to the petitioners for
adoption;
(iii) A report of the medical examination of the
child made by a licensed Wyoming physician within thirty (30)
days immediately preceding the filing of the petition to adopt.
The report shall be made on forms provided by the department of
family services. A medical report shall not be required when a
parent of the child joins in the petition to adopt or when the
child resided with the adoptive parents for more than six (6)
months prior to filing the petition;
(iv) An affidavit from each petitioner setting forth:
(A) Any previous or current diagnosed
psychiatric disorders of the petitioner;
(B) All felony convictions of the petitioner
within the preceding ten (10) years;
(C) All misdemeanor convictions of the
petitioner within the preceding five (5) years;
(D) The current parole or probation status of
the petitioner, if any.
(v) An affidavit stating the name or names of persons
awarded visitation rights to the child under W.S. 20-7-101 or
20-7-102 or an affidavit stating that no visitation rights under
W.S. 20-7-101 or 20-7-102 have been awarded in regard to the
child;
(vi) A form prescribed and furnished by the state
registrar of vital records. The form shall be completed to the
extent possible with the information required under W.S.
35-1-416(a) including:
(A) The name of the child prior to adoption;
(B) Sex;
(C) Date of birth;
(D) Place of birth;
(E) Birth certificate number;
(F) Natural mother's full maiden name; and
(G) Natural father's full name.
(vii) If the child to be adopted is an Indian child
as defined by W.S. 14-6-702(a)(iv), any documents required to be
filed under the Wyoming Indian Child Welfare Act.
(d) The petition and documents filed pursuant to this
section, and the interlocutory decree, if entered, and the final
decree of adoption shall constitute a confidential file and
shall be available for inspection only to the judge, or, by
order of court, to the parties to the proceedings or their
attorneys, except as provided in W.S. 35-1-416. Upon the entry
of the final decree of adoption, all records in the proceedings
shall be sealed and may be available for inspection only by
order of court for good cause shown. The court may order
inspection of all or part of the confidential file in adoption
proceedings only if it appears to the court that the welfare and
best interests of the child will be served by the inspection.
(e) The court may order inspection of all or any part of
the confidential file upon a proper motion made pursuant to W.S.
1-22-203(b). Any order permitting inspection under this
subsection shall preserve the anonymity of the natural parents,
the adoptive parents and the child and shall provide that the
inspection is subject to the provisions of W.S. 1-22-203.
Documents filed pursuant to W.S. 1-22-203(b) or this subsection
shall become part of the confidential file.
(f) For purposes of this section, "convicted" includes
pleas of guilty, nolo contendere, verdicts of guilty upon which
a judgment of conviction may be rendered and dispositions
pursuant to W.S. 7-13-301 and 35-7-1037.
(g) Notwithstanding subsections (d) and (e) of this
section, if the adoption concerns an Indian child as defined by
W.S. 14-6-702(a)(iv), inspection or disclosure of the
confidential adoption file shall only be in accordance with the
Wyoming Indian Child Welfare Act and subsections (d) and (e) of
this section.