How do I know if I'm eligible for stepparent adoption in Wyoming?

You are likely eligible for stepparent adoption in Wyoming if you are an adult married to the child's parent, you have lived in Wyoming for the 60 days right before filing, and the court finds you fit to be a parent. Here is how each piece works.

Who can adopt. Wyoming allows "any adult person" to adopt (Wyo. Stat. § 1-22-103). A petition can be filed by either spouse if the other spouse is the child's parent (Wyo. Stat. § 1-22-104(b)), which is the stepparent situation. The court must also find you fit and competent to be a parent (Wyo. Stat. § 1-22-103).

Residency. Wyoming has no long residency requirement. You must have lived in the state for 60 days immediately before filing (Wyo. Stat. § 1-22-103).

Where you file. Adoption cases start with a petition in District Court (Wyo. Stat. § 1-22-104(a)). Wyoming has 23 counties, and you file in the District Court of your county. The clerk there can tell you the filing fee and local filing steps.

The child's consent. Wyoming sets the child consent age at 14 (Wyo. Stat. § 1-22-109). If your stepchild is 14 or older, plan for that consent to be part of your case.

The other parent. This is the part that depends most on your facts. Wyoming does not set a fixed number of months for abandonment. Under Wyo. Stat. § 1-22-110, it depends on the other parent's overall conduct. So there is no simple "no contact for X months" test. If the other parent is willing to cooperate, your situation may be simpler. If the other parent is absent, unknown, deceased, or objects, the right steps depend on your circumstances. Ask the District Court clerk in your county, or an attorney, about your specific situation.

Home study. A home study is waived in Wyoming stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)). You should not have to plan for one.

Adult stepchildren. If your stepchild is already an adult, Wyoming allows adoption only in limited cases. You must have been a stepparent, grandparent, other blood relative, foster parent or legal guardian who took part in raising the person as a child, and the adult must file a consent with the court (Wyo. Stat. § 1-22-102(b)). The adult can live inside or outside Wyoming. Adult adoptions typically take 4-8 weeks.