Stepparent Adoption in Wyoming
Reviewed by DocDraft Legal Team - Wyoming - Last updated October 6, 2026
In Wyoming, a stepparent adoption begins with a petition filed in district court under W.S. 1-22-104, and the Wyoming Judicial Branch says there are no official self-help forms for adoption. Under W.S. 1-22-109, both living parents sign a written consent, and a child over the age of fourteen (14) years must also consent in writing. Under 1-22-110, the court may order the adoption without the other parent's written consent only if it finds a listed ground, such as that the parent was given notice of the hearing under 1-22-107 and failed to answer or appear, willfully abandoned or deserted the child, or willfully failed to contribute to the child's support for one (1) year immediately prior to the filing of the petition and failed to bring the support obligation current within sixty (60) days after service of the petition. The judge may order an investigation before deciding (1-22-111).
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Can a stepparent adopt without the other parent's consent in Wyoming?
Yes, if the court finds a W.S. 1-22-110 ground. These include: after notice under 1-22-107, the parent failed to answer or appear; willful abandonment or desertion; or willfully failing to support the child for one year immediately prior to filing and not bringing support current within sixty days after service of the petition.
Which court and which form are used for a stepparent adoption in Wyoming?
File a petition for adoption in district court (W.S. 1-22-104(a)). The Wyoming Judicial Branch says there are no official self-help forms for adoption, so the petition is drafted for your case. The vital records form prescribed by the state registrar must be filed with it, and the Report of Adoption form is posted online.
Is a home study required for a stepparent adoption in Wyoming?
It is up to the judge. After the hearing, W.S. 1-22-111(a)(ii) lets the court defer an interlocutory decree and order the department of family services or a private licensed agency to investigate the background of the child and the petitioners. The court may instead enter a decree without that report.
At what age must the child consent to a stepparent adoption in Wyoming?
Under W.S. 1-22-109(b), if the child to be adopted is over the age of fourteen (14) years, the child's written consent to adoption must also be filed with the petition to adopt. The petitioners and the child must appear at the hearing unless the court excuses them (1-22-105(b)).
Wyoming's district court petition, the 1-22-110 grounds, and the fourteen year consent rule
A Wyoming stepparent adoption is commenced by a petition filed in district court (W.S. 1-22-104(a)), and either spouse may file alone if the other spouse is a parent of the child (1-22-104(b)). The adopter must have resided in Wyoming during the sixty (60) days immediately preceding the filing of the petition (1-22-103). Both living parents sign a written relinquishment and consent (1-22-109(a)), and a child over the age of fourteen (14) years also consents in writing (1-22-109(b)). If the other parent has not consented, that parent is served with the petition and an order to show cause under 1-22-106 and 1-22-107, and the court may proceed without consent only on a 1-22-110 finding, such as failing to answer or appear after that notice, willfully abandoning or deserting the child, or willfully failing to contribute to support for one (1) year immediately prior to filing and failing to bring the obligation current within sixty (60) days after service. The court may order an investigation (1-22-111(a)(ii)) and may enter a final decree once the child has resided in the petitioner's home for six (6) months. Wyoming has no official self-help adoption petition form.
Relevant Laws
W.S. 1-22-109 (Consent to adoption)
A written relinquishment of custody and written consent to adoption must be filed with the petition and signed by both parents, if living, among others. If the child is over the age of fourteen (14) years, the child's written consent must also be filed. Consent is irrevocable unless obtained by fraud or duress. Chapter 22 is in Title 1 of the Wyoming Statutes.
W.S. 1-22-110 and 1-22-107 (Adoption without consent and service)
The court may order the adoption without a parent's written consent if it finds a listed ground, including that the parent was given notice under 1-22-107 and failed to answer or appear, willfully abandoned or deserted the child, or willfully failed to contribute to support for one (1) year immediately prior to filing and failed to bring support current within sixty (60) days after service of the petition.
W.S. 1-22-111 and 1-22-112 (Investigation and decree)
Acting in the child's best interest, the court may enter an interlocutory decree, defer it and order the department of family services or a private licensed agency to investigate, enter a final decree if the child has resided in the petitioner's home for six (6) months, or deny the adoption.
Wyoming Judicial Branch adoption help page
States that there are no official self-help forms for adoption in Wyoming and that adoption starts with a Petition for Adoption filed in court. Links the Wyoming Report of Adoption form and points to Vital Statistics Services for the birth certificate request form.
Regional Variances
Wyoming stepparent adoption requirements
Court
District court (W.S. 1-22-104(a)). The district court may transfer the petition to juvenile court if the child is under that court's prior and continuing jurisdiction. Ask the district court clerk which county to file in.
Petition form
No official self-help adoption forms (Wyoming Judicial Branch). The petition must be filed with the consents, petitioner affidavits, a visitation-rights affidavit, and the state registrar's vital records form (1-22-104(c)); a medical report is not required when a parent joins the petition.
Other parent's consent
Required: written relinquishment and consent signed by both parents, if living, filed with the petition (W.S. 1-22-109(a)(i)). Irrevocable unless obtained by fraud or duress (1-22-109(d)).
Proceeding without consent
Court may order the adoption if it finds the parent: was given notice of the hearing under 1-22-107 and failed to answer or appear; was judicially deprived of parental rights; willfully abandoned or deserted the child; willfully failed to contribute to support for one (1) year immediately prior to filing and failed to bring support current within sixty (60) days after service; was adjudged guilty of cruelty, abuse, neglect or mistreatment of the child; or willfully failed to pay at least 70% of court ordered support for two (2) years or more and failed to bring it 100% current within sixty (60) days after service (W.S. 1-22-110(a)).
Home study
Court's discretion: the court may defer an interlocutory decree and order the department of family services or a private licensed agency to investigate and report (W.S. 1-22-111(a)(ii)).
Residency or waiting period
Adopter resided in Wyoming during the sixty (60) days immediately preceding filing (W.S. 1-22-103); child within the state when the petition is filed (1-22-102(a)). Final decree once the child has resided in the petitioner's home for six (6) months (1-22-111(a)(iii), 1-22-112). No minimum marriage length.
Child's consent age
Over the age of fourteen (14) years: the child's written consent is filed with the petition (W.S. 1-22-109(b)).
Suggested Compliance Checklist
Decide how the other parent's consent will be handled
Before filing days after startingConfirm whether the other parent will sign a written relinquishment and consent. If not, identify which W.S. 1-22-110 ground the court would need to find, such as failure to answer or appear after notice under 1-22-107, willful abandonment or desertion, or willful failure to contribute to support for one (1) year immediately prior to filing plus failure to bring support current within sixty (60) days after service.
Prepare the petition and supporting documents
Before filing days after startingDraft the petition (Wyoming has no official self-help adoption form) and gather the consents of both parents and of the child if over fourteen (14), each petitioner's affidavit, the visitation-rights affidavit, and the state registrar's vital records form (W.S. 1-22-104(c)). Add the child's medical examination report unless your spouse joins the petition or the child has lived with you for more than six (6) months (1-22-104(c)(iii)). If you rely on a support ground, state the consequences of not bringing support current (1-22-110(b)).
File in district court
At filing days after startingFile the petition with the district court clerk (W.S. 1-22-104(a)) after at least sixty (60) days of Wyoming residence (1-22-103). Ask the clerk about the filing fee and hearing scheduling.
Serve a parent who has not consented
After filing days after startingServe the petition and order to show cause on any parent whose consent is not filed, under Rule 4 of the Wyoming Rules of Civil Procedure, or by publication if the parent lives out of state or cannot be located with reasonable diligence (W.S. 1-22-107(a)). Also serve anyone awarded visitation rights under 20-7-101 or 20-7-102 (1-22-107(c)).
Confirm the child's new name and update records
After the decree days after startingThe child may assume your surname (W.S. 1-22-114(b)). After the final decree, request the new birth certificate through Wyoming Vital Statistics Services, then update school, Social Security, and passport records. A separate name change petition is needed only for changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide how the other parent's consent will be handled | Confirm whether the other parent will sign a written relinquishment and consent. If not, identify which W.S. 1-22-110 ground the court would need to find, such as failure to answer or appear after notice under 1-22-107, willful abandonment or desertion, or willful failure to contribute to support for one (1) year immediately prior to filing plus failure to bring support current within sixty (60) days after service. | - | Before filing |
| Prepare the petition and supporting documents | Draft the petition (Wyoming has no official self-help adoption form) and gather the consents of both parents and of the child if over fourteen (14), each petitioner's affidavit, the visitation-rights affidavit, and the state registrar's vital records form (W.S. 1-22-104(c)). Add the child's medical examination report unless your spouse joins the petition or the child has lived with you for more than six (6) months (1-22-104(c)(iii)). If you rely on a support ground, state the consequences of not bringing support current (1-22-110(b)). | - | Before filing |
| File in district court | File the petition with the district court clerk (W.S. 1-22-104(a)) after at least sixty (60) days of Wyoming residence (1-22-103). Ask the clerk about the filing fee and hearing scheduling. | - | At filing |
| Serve a parent who has not consented | Serve the petition and order to show cause on any parent whose consent is not filed, under Rule 4 of the Wyoming Rules of Civil Procedure, or by publication if the parent lives out of state or cannot be located with reasonable diligence (W.S. 1-22-107(a)). Also serve anyone awarded visitation rights under 20-7-101 or 20-7-102 (1-22-107(c)). | - | After filing |
| Confirm the child's new name and update records | The child may assume your surname (W.S. 1-22-114(b)). After the final decree, request the new birth certificate through Wyoming Vital Statistics Services, then update school, Social Security, and passport records. A separate name change petition is needed only for changes outside the adoption. | name-change-petition | After the decree |
Frequently Asked Questions
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