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One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Wyoming?

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

Yes, you can ask the Wyoming District Court to adopt both children, but each child's case turns on that child's own father, so the child whose father doesn't consent depends on the facts. A father's consent for one child doesn't settle the other child's adoption, and the other father's refusal doesn't undo the first.

Who can file: Wyoming allows a petition from any single adult, or from either spouse if the other spouse is the child's parent (Wyo. Stat. § 1-22-104(b)). As a stepparent married to the children's parent, you fit that description. Whether to file one petition or two, and how the court handles them, is something the District Court clerk in your county can confirm.

The father who consents: His consent is the simpler path for that child. You would complete the consent paperwork, and he would sign it as the court requires.

The father who doesn't consent: This is where the facts matter. Wyoming addresses abandonment in Wyo. Stat. § 1-22-110, and it sets no fixed number of months. Abandonment depends on the parent's overall conduct. So you can't count the months since he last called or paid support and assume the answer. Whether his conduct meets the standard is a question about his specific history. If he actively objects, or if you aren't sure where he stands, speak with an attorney about that child's case. The clerk can also explain how service on a non-consenting parent works in your county.

Other points that apply to both children:

  • Court: Adoption proceedings begin with a petition filed in District Court (Wyo. Stat. § 1-22-104(a) applies to adult adoptions, and your county's clerk can confirm the same filing rule for children).
  • Residency: You must have lived in Wyoming for 60 days immediately before filing (Wyo. Stat. § 1-22-103).
  • Child's consent: A child who is 14 or older has a consent requirement of their own (Wyo. Stat. § 1-22-109). If either child has reached that age, plan for that consent as well.
  • Home study: Wyoming waives the home study in stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)).
  • Timeline: Stepparent adoptions in Wyoming typically take 3-6 months. A case where one father objects can take a different course, and the clerk or an attorney can tell you more about that.
  • Filing fees: The court's filing fee varies by county, so ask the clerk in your county for the current amount.

Practical next step: Write down the history for each father separately: contact, support, and any communication. Your answers for the consenting father and the non-consenting father will differ, and the court looks at each child's situation on its own facts.

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 cost 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, backed by our 100% court acceptance guarantee. We've helped 191 Wyoming families, and more than 34,000 families 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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