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Can a stepparent adopt without the father's permission in Wyoming?

3 min readHelping families since 2001Wyoming
In this answer · 1 sections

Yes, in some situations a stepparent in Wyoming can adopt without the father's permission, most often when the father is found to have abandoned the child under Wyo. Stat. § 1-22-110. Whether that fits your family depends on your facts, and the District Court makes the decision.

How abandonment works in Wyoming: Many states set a fixed number of months without contact. Wyoming does not. Abandonment depends on the parent's overall conduct, so the court looks at the whole picture rather than counting months on a calendar. Because of that, no one can promise in advance how a judge will see a particular situation. If the father is likely to contest the adoption, or you are unsure where he is, talk to an attorney or the District Court clerk in your county about that specific issue.

Is termination a separate case? In Wyoming, termination of the father's rights is not handled as a separate proceeding. The question comes up within the adoption case itself, which is filed in District Court.

Other Wyoming requirements to know about:

  • Residency: The residency requirement is 60 days immediately before filing (Wyo. Stat. § 1-22-103).
  • Child's consent: The statute sets a consent age of 14 (Wyo. Stat. § 1-22-109). If your child is 14 or older, plan for that.
  • Home study: In a stepparent adoption, the home study is waived (Wyo. Stat. § 1-22-111(a)(ii)). That removes a step that slows down adoptions in other states.
  • Timeline: Stepparent adoptions in Wyoming typically take about 3-6 months.

What to gather if the father may not agree: Think about the last time he had contact with your child, and what that contact looked like. Also note whether he has made any effort to be involved in your child's life. Since the court looks at overall conduct, a clear, honest, written timeline helps you and the court. Details such as how the father must be notified, and the exact filing fee, vary by county. The District Court clerk in your county can confirm them. Wyoming has 23 counties, including those around Cheyenne, Casper, Laramie, Gillette and Rock Springs.

When to get legal advice: If the father has said he will fight the adoption, or if there is any question about who the legal father is, an attorney can advise you on your own circumstances. This page is general information, not legal advice.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, and the service comes with a 100% court acceptance guarantee. We have helped 191 families in Wyoming and more than 34,000 nationally since 2001.

Stepparent adoption in Wyoming at a glance

Court
District Court
Residency before filing
60 days immediately before filing
Typical timeline
3-6 months
Child must consent at age
14
Home study
Usually waived for stepparents
Wyoming families we've helped
191

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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