Any minor having a living parent and owning property with income sufficient for his maintenance and education in a manner more expensive than his parent can reasonably afford, regard given to the situation of the parent's family and to all circumstances of the case, the expenses of the minor's education and maintenance may be defrayed out of the income of the minor's own property in whole or in part, as judged reasonable and as directed by the court. The charges for maintenance and education may be allowed accordingly in the settlements of the accounts of the minor's guardian.

Wyo. Stat. Ann. § 14-2-202 Payment or delivery to parent of minor's estate not exceeding $25,000; duty of parent; settlement agreements on behalf of minors.

(a) Money or other property not exceeding twenty-five thousand dollars ($25,000.00) in value belonging to a minor having no guardian of his estate may be paid or delivered to a parent entitled to the custody of the minor to hold for the minor, upon written assurance verified by the oath of the parent that the total estate of the minor does not exceed twenty-five thousand dollars ($25,000.00) in value. The written receipt of the parent shall be an acquittance of the person making the payment or delivery of money or other property. (b) It is the duty of the parent to apply the funds received under subsection (a) of this section to the use and benefit of the minor. (c) A parent, guardian or conservator of a minor may enter into a settlement or compromise on behalf of the minor with a person against whom the minor has a claim without first seeking court approval and without first establishing a guardianship or conservatorship for the minor if: (i) A guardian or conservator has not been previously appointed for the minor to represent the minor; (ii) The minor is not emancipated under W.S. 14-1-201 through 14-1-206; (iii) The total amount of the settlement or compromise to be paid to the minor is not greater than twenty-five thousand dollars ($25,000.00); (iv) The moneys paid under the settlement agreement or compromise are paid: (A) To the parent, guardian or conservator of the minor; or (B) Into a trust or other account held for the benefit of the minor. (v) The parent, guardian or conservator of the minor attests in an affidavit that the person has made a reasonable inquiry into the minor's claim and that: (A) The total amount of the minor's claim is not greater than twenty-five thousand dollars ($25,000.00), excluding fees, costs and all other expenses incident to the claim; and (B) To the best of the parent's, guardian's or conservator's knowledge: (I) The minor will be fully compensated by the settlement or compromise; or (II) It is unlikely that the minor will be able to obtain additional amounts from the party entering into the settlement agreement or compromise with the minor. (vi) The parent, guardian or conservator of the minor will apply the funds received to the use and benefit of the minor. (d) A settlement or compromise entered into in compliance with subsection (c) of this section shall, upon signature of the parent, guardian or conservator entering into the agreement on the minor's behalf, be binding on the minor without the need for further court approval or review and shall have the same force and effect as if the minor were a competent adult entering into the settlement or compromise. (e) A minor shall have a cause of action against a parent, guardian or conservator who fails to manage or apply all funds received for the sole benefit of the minor, who fails to make a reasonable inquiry into the minor's claim, who falsely states that the minor's claim is not greater than twenty-five thousand dollars ($25,000.00) to settle the claim under this section or who otherwise fails to comply with the requirements of this section in settling a claim on behalf of the minor.

Wyo. Stat. Ann. § 14-2-203 Parental tort liability for property damage of certain minors; exception; action cumulative.

(a) Any property owner is entitled to recover damages from the parents of any minor under the age of seventeen (17) years and over the age of ten (10) years who maliciously and willfully damages or destroys his property. The recovery is limited to the actual damages in an amount not to exceed two thousand dollars ($2,000.00) in addition to taxable court costs. This section does not apply to parents whose parental custody and control of the child had been terminated by court order prior to the destructive act. (b) The action authorized in subsection (a) of this section is in addition to all other actions which the owner is entitled to maintain and nothing in this section precludes recovery in a greater amount from the minor, parents or any person for damages for which the minor or other person would otherwise be liable. The purpose of this section is to authorize recovery from parents in situations where they would not otherwise be liable.

Wyo. Stat. Ann. § 14-2-204 Liability for support; right of action; venue; service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice.

(a) Any person legally responsible for the support of a child who abandons, deserts, neglects or unjustifiably fails to support the child is liable for support of the child. It is no defense that the child was not or is not in destitute circumstances. For purposes of this section, a parent's legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are: (i) Mentally or physically disabled and thereby incapable of self support; or (ii) Repealed By Laws 2000, Ch. 1, § 2. (iii) Between the age of majority and twenty (20) years and attending high school or an equivalent program as full-time participants. (b) Either of the parents of the child, the department of family services or any other person, agency or institution furnishing the physical care or support of the child may commence civil action for past and future child and medical support. (c) The petition or complaint shall be filed in the district court of the county where the defendant resides, is found or has assets subject to attachment or execution. Service of process shall be as provided by the Wyoming Rules of Civil Procedure. (d) The measure of recovery from the defendant is the reasonable value of the care or support, including medical support furnished to the child by the petitioner and the child support ordered pursuant to W.S. 20-2-303, 20-2-304, 20-2-307 and 20-2-311. In addition, the court may make other suitable order for future care or support of the child. These remedies are cumulative and in addition to other remedies provided by law. Payments of future support shall be paid to the clerk of the district court. (e) Repealed By Laws 2000, Ch. 1, § 2. (f) Repealed By Laws 2000, Ch. 1, § 2.

Wyo. Stat. Ann. § 14-2-205 Presence of parent, custodian or guardian at hearings; failure to appear; issuance of bench warrant.

(a) It is the responsibility of one (1) or both parents, and the guardian or custodian of an unemancipated minor, if applicable, to appear with the minor before any court of this state in any proceeding in which the minor is required to appear and is alleged to have committed a criminal offense or to have violated a municipal ordinance. It shall be the responsibility of the court to afford any parent, guardian or custodian appearing with a minor pursuant to this subsection a reasonable opportunity to address the court. (b) In any proceeding in juvenile court, attendance of one or both parents, and the guardian or custodian of the minor, if applicable, shall be compelled as provided by W.S. 14-6-215. (c) In a proceeding in a court other than the juvenile court, the presiding judge may require the presence of one or both parents, and the guardian or custodian of the minor, if applicable, at any hearing by causing an order to appear to be served in the manner provided by W.S. 14-6-214. (d) Any person served with an order to appear under subsection (c) of this section who without reasonable cause fails to appear, is liable for contempt of court and the court may issue a bench warrant to cause the person to be brought before the court.

Wyo. Stat. Ann. § 14-2-206 Protection of parental rights; applicability.

(a) The liberty of a parent to the care, custody and control of their child is a fundamental right that resides first in the parent. (b) The state, or any agency or political subdivision of the state, shall not infringe the parental right as provided under this section without demonstrating that the interest of the government as applied to the parent or child is a compelling state interest addressed by the least restrictive means. (c) The parental right as provided under this section shall also apply to any state or local education agency, school district, board of trustees, commission or school under title 21 of the Wyoming statutes regarding communication or disclosure to a parent about that parent's unemancipated child.

Wyo. Stat. Ann. § 14-2-301 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-302 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-303 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-304 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-305 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-306 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-307 Repealed by Laws 1981, ch. 102, § 2.

Wyo. Stat. Ann. § 14-2-308 Definitions.

(a) As used in this act: (i) "Abuse" means as defined by W.S. 14-3-202(a)(ii); (ii) "Authorized agency" means: (A) A public social service agency authorized to care for and place children; or (B) A private child welfare agency certified by the state for such purposes pursuant to W.S. 1-22-101 through 1-22-114, 14-4-101 through 14-4-117 or 14-6-201 through 14-6-243; (iii) "Child" or "minor" means an individual who is under the age of majority; (iv) "Court" means the district court in the district where the child resides or is found or the district court which has previously retained jurisdiction of the child because of a previous order entered by that court; (v) "Mental health professional" means a person with an advanced degree in one of the behavioral sciences including a psychologist, social worker or clinical counselor; (vi) "Neglect" means as defined by W.S. 14-3-202(a)(vii); (vii) "Parent" means a natural parent or a parent by adoption; (viii) "Indigent party" means a person whose financial resources and income are insufficient to enable him to pay the reasonable fees and expenses of an attorney licensed to practice in this state; (ix) "This act" means W.S. 14-2-308 through 14-2-319.

Wyo. Stat. Ann. § 14-2-309 Grounds for termination of parent-child relationship; clear and convincing evidence.

(a) The parent-child legal relationship may be terminated if any one (1) or more of the following facts is established by clear and convincing evidence: (i) The child has been left in the care of another person without provision for the child's support and without communication from the absent parent for a period of at least one (1) year. In making the above determination, the court may disregard occasional contributions, or incidental contacts and communications. For purposes of this paragraph, a court order of custody shall not preclude a finding that a child has been left in the care of another person; (ii) The child has been abandoned with no means of identification for at least three (3) months and efforts to locate the parent have been unsuccessful; (iii) The child has been abused or neglected by the parent and reasonable efforts by an authorized agency or mental health professional have been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment, and it is shown that the child's health and safety would be seriously jeopardized by remaining with or returning to the parent; (iv) The parent is incarcerated due to the conviction of a felony and a showing that the parent is unfit to have the custody and control of the child; (v) The child has been in foster care under the responsibility of the state of Wyoming for fifteen (15) of the most recent twenty-two (22) months, and a showing that the parent is unfit to have custody and control of the child; (vi) The child is abandoned at less than one (1) year of age and has been abandoned for at least six (6) months; (vii) The child was relinquished to a safe haven provider in accordance with W.S. 14-11-101 through 14-11-109, and neither parent has affirmatively sought the return of the child within three (3) months from the date of relinquishment; (viii) The parent is convicted of murder or homicide of the other parent of the child under W.S. 6-2-101 through 6-2-104; (ix) The parent committed sexual assault and the child was conceived as a result of the sexual assault. For the purposes of this paragraph, the following shall apply: (A) A person committed sexual assault if the person was convicted of an offense under W.S. 6-2-302, 6-2-303, 6-2-314 through 6-2-316 or other similar law of another jurisdiction; (B) Reasonable effort to reunify the family is not required to terminate parental rights; (C) This paragraph shall not apply if the parent seeking termination was married to or cohabiting with the parent committing the sexual assault resulting in the birth of the child for not less than two (2) years immediately after the birth of the child. Nothing in this subparagraph shall be construed as limiting a parent from seeking termination under another provision of this section or from seeking sole custody under title 20, chapter 5 of the Wyoming statutes. (x) The child has been appointed a guardian who is a relative of the child, the child has been under the guardian's care for at least twenty-four (24) consecutive months and a showing that the parent is unfit to have custody and control of the child. As used in this paragraph, "relative" means as defined by W.S. 3-2-301(a)(iii). (b) Proof by clear and convincing evidence that the parent has been convicted of any of the following crimes may constitute grounds that the parent is unfit to have custody or control of any child and may be grounds for terminating the parent-child relationship as to any child with no requirement that reasonable efforts be made to reunify the family: (i) Murder or voluntary manslaughter of another child of the parent or aiding and abetting, attempting, conspiring to commit or soliciting such a crime; or (ii) Commission of a felony assault which results in serious bodily injury to a child of the parent. As used in this paragraph "serious bodily injury" means as defined by W.S. 6-1-104. (c) Notwithstanding any other provision of this section, evidence that reasonable efforts have been made to preserve and reunify the family is not required in any case in which the court determines any one (1) or more of the following by clear and convincing evidence: (i) The parental rights of the parent to any other child have been terminated involuntarily; (ii) The parent abandoned, chronically abused, tortured or sexually abused the child; (iii) The parent has been convicted of committing one (1) or more of the following crimes against the child or another child of that parent: (A) Sexual assault under W.S. 6-2-302 through 6-2-304; (B) Sexual battery under W.S. 6-2-313; (C) Sexual abuse of a minor under W.S. 6-2-314 through 6-2-317. (iv) The parent is required to register as a sex offender pursuant to W.S. 7-19-302 if the offense involved the child or another child of that parent. This shall not apply if the parent is only required to register for conviction under W.S. 6-2-201; (v) Other aggravating circumstances exist indicating that there is little likelihood that services to the family will result in successful reunification.

Wyo. Stat. Ann. § 14-2-310 Parties authorized to file petition.

(a) The petition for the termination of the parent-child relationship shall be filed with the court by: (i) Either parent, when termination of the parent-child legal relationship is sought with respect to the other parent; or (ii) The guardian or the legal custodian of the child; or (iii) An authorized agency. (b) The petition for the termination of the parent-child relationship may be filed with the court by a biological or adoptive grandparent acting in loco parentis to the child, where the child has resided with the grandparent for a period of not less than one (1) year and the placement is not under the direction of a juvenile court or the department of family services.

Wyo. Stat. Ann. § 14-2-311 Contents of petition.

(a) The petition for the termination of the parent-child legal relationship shall state: (i) The legal name, sex, date and place of birth of the child, if known, and the jurisdictional facts; (ii) The name and residence of the petitioner and his relationship to the child; (iii) The name, address and place and date of birth of the parent, if known, and of the name of the person having the legal custody or guardianship of the child; (iv) The grounds for termination of the parent-child legal relationship pursuant to W.S. 14-2-309; (v) Name and address of the person or authorized agency requesting appointment as the guardian of the child.

Wyo. Stat. Ann. § 14-2-312 Hearing; appointment of guardian ad litem.

After the petition has been filed, the court shall appoint a guardian ad litem to represent the child unless the court finds the interests of the child will be represented adequately by the petitioner or another party to the action and are not adverse to that party. If the court appoints a guardian ad litem it shall approve a fee for services. When a petition is filed and presented to the judge, the judge shall set the petition for hearing. The Wyoming Rules of Civil Procedure, including the right of a parent, child or interested person to demand a jury trial, are applicable in actions brought under this act.

Wyo. Stat. Ann. § 14-2-313 Service of petition.

(a) The petition shall be served on the following persons: (i) The parent of the child; (ii) The guardian ad litem; (iii) The guardian or next friend of the parent if the parent is a minor; (iv) The department of family services if the child is or has been supported by public assistance funds. (b) Service of the petition on the person required to be served by subsection (a) of this section shall be made as provided by the Wyoming Rules of Civil Procedure. If the person is a nonresident or his residence is unknown, service may be had by constructive service or by publication as provided in the Wyoming Rules of Civil Procedure.

Wyo. Stat. Ann. § 14-2-314 Social study required; information to be shown; not excluded as hearsay.

Upon the filing of a petition by anyone other than an authorized agency as defined by W.S. 14-2-308(a)(ii)(A), the court shall direct that a social study be made by the appropriate county office of public assistance and social services or by any authorized agency to aid the court in making a final disposition of the petition. The social study shall state the factual information pertaining to the allegations in the petition, the social history and the present situation and environment of the child and parent. The social study shall not be excluded as evidence by reason of hearsay alone. The social study shall be made available to any party to the action upon request.

Wyo. Stat. Ann. § 14-2-315 Order terminating the parent-child legal relationship; contents.

The order terminating the parent-child legal relationship shall be in writing and shall contain the findings of the court. If the court terminates the parent-child legal relationship of either one (1) or both parents, it shall fix the responsibility for the child's support and appoint a guardian of the child's person or estate or both.

Wyo. Stat. Ann. § 14-2-316 Dismissal of petition; continuation of hearing.

If the court does not terminate the parent-child legal relationship, it shall dismiss the petition or direct an authorized agency to continue to make efforts to rehabilitate the parent and continue the hearing for no longer than six (6) months. The authorized agency shall provide the court with any additional reports regarding its rehabilitative efforts and results. Pending final hearing, the court may continue the present placement of the child or place the child in the temporary custody of an authorized agency and fix responsibility for temporary child support.

Wyo. Stat. Ann. § 14-2-317 Effect of order of termination.

(a) An order terminating the parent-child legal relationship divests the parent of all legal rights and privileges and relieves the child of all duties to that parent except: (i) The order does not divest that parent of duties and support obligations unless otherwise specifically ordered by the court or the child is adopted; and (ii) Except as provided in W.S. 2-4-107(a)(i), the right of the child to inherit from the parent shall not be affected by the order. (b) The parent whose parent-child legal relationship has been terminated is not thereafter entitled to the notice of proceedings for the adoption of the child, nor has he any right to object to the adoption or otherwise participate in the adoption proceedings.

Wyo. Stat. Ann. § 14-2-318 Costs of proceedings; appointment of counsel.

(a) The court may appoint counsel for any party who is indigent. Indigency shall be established by written affidavit signed and sworn to by the party or sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state that the party is without sufficient money, property, assets or credit to employ counsel in his own behalf. The court may require further verification of financial condition as it deems necessary. (b) Where petitioner is an authorized agency as defined by W.S. 14-2-308(a)(ii)(B), it shall pay for the costs of the action. Costs shall include: (i) Fee for the guardian ad litem. If the agency had entered into an agreement with the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem, the office shall pay the fee for the guardian ad litem in accordance with that agreement; (ii) Attorney's fee for an indigent party; (iii) Other professional fees incurred by an indigent party in defense of an action brought under this act. (c) Prior to incurring any cost under subsection (b) of this section application shall be made to the court and written approval by the court shall be obtained. (d) Where petitioner is an authorized agency as defined by W.S. 14-2-308(a)(ii)(A): (i) The district attorney for the county in which the petition is filed shall represent the authorized agency in all proceedings under this act; (ii) The authorized agency shall pay the reasonable attorney's fees and expenses for an indigent party incurred in the defense of an action brought under this act and approved by the court; and (iii) The authorized agency shall pay the guardian ad litem reasonable fees and expenses approved by the court unless the agency had entered into an agreement with the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem. If so, the office shall pay the fee for the guardian ad litem in accordance with that agreement.

Wyo. Stat. Ann. § 14-2-319 Determination of indigency; recovery of payment.

(a) In determining whether a person is an indigent party for purposes of W.S. 14-2-318, the court shall consider in addition to any other relevant factors the person's income, property owned, outstanding obligations and the number and ages of his dependents. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, material facts relating to his ability to pay as the court prescribes. (b) To the extent that an indigent party is able to provide for an attorney or for other expenses incurred in defense of an action brought under this act, the court may order that he make payment within a specified period of time or in specified installments. (c) Within eight (8) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or another benefit under this act: (i) To which he was not entitled; (ii) With respect to which he was not an indigent person when he received it; or (iii) With respect to which he has failed to make the certification required by subsection (a) of this section. (d) Within three (3) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person other than a person covered by subsection (c) of this section who: (i) Has received legal assistance or other benefit under this act; and (ii) On the date on which suit is brought is financially able to pay or reimburse the state for all or part of the legal assistance or other benefit according to the standards of ability to pay applicable under this act but refuses to do so. (e) Amounts recovered under this section shall be remitted to the general fund.

Wyo. Stat. Ann. § 14-2-401 Short title.

This act shall be known and may be cited as the Wyoming Parentage Act.

Wyo. Stat. Ann. § 14-2-402 Definitions.

(a) As used in this act: (i) "Acknowledged father" means a man who has established a father-child relationship under article 6 of this act; (ii) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child; (iii) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: (A) A presumed father; (B) A man whose parental rights have been terminated or declared not to exist; or (C) A male donor. (iv) "Assisted reproduction" means a method of causing pregnancy other than through sexual intercourse. The term includes: (A) Intrauterine insemination; (B) Donation of eggs; (C) Donation of embryos; (D) In-vitro fertilization and transfer of embryos; and (E) Intracytoplasmic sperm injection. (v) "Child" means an individual of any age whose parentage may be determined under this act; (vi) "Commence" means to file the initial pleading seeking an adjudication of parentage in a district court of this state; (vii) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under article 5 of this act or by adjudication by the court; (viii) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include: (A) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife; (B) A woman who gives birth to a child by means of assisted reproduction; (C) A parent under article 9 of this chapter. (ix) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information; (x) "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one (1) or a combination of the following: (A) Deoxyribonucleic acid; and (B) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins or red-cell enzymes. (xi) "Man" means a male individual of any age; (xii) "Parent" means an individual who has established a parent-child relationship under W.S. 14-2-501; (xiii) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship; (xiv) "Paternity index" means the likelihood of paternity calculated by computing the ratio between: (A) The likelihood that the tested man is the father, based on the genetic markers of the tested man, mother and child, conditioned on the hypothesis that the tested man is the father of the child; and (B) The likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man. (xv) "Presumed father" means a man who, by operation of law under W.S. 14-2-504, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding; (xvi) "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability; (xvii) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (xviii) "Signatory" means an individual who authenticates a record and is bound by its terms; (xix) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States; (xx) "Title IV-D" means Title IV-D of the federal Social Security Act; (xxi) "This act" means W.S. 14-2-401 through 14-2-907.

Wyo. Stat. Ann. § 14-2-403 Scope of act; choice of law.

(a) This act applies to every determination of parentage in this state. (b) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on: (i) The place of birth of the child; or (ii) The past or present residence of the child. (c) This act does not create, enlarge or diminish parental rights or duties under other law of this state. (d) This act does not authorize or prohibit an agreement between a woman and a man and another woman in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the man and the other woman become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under Wyoming law, the parent-child relationship is determined as provided in article 4 of this act.

Wyo. Stat. Ann. § 14-2-404 Court of this state.

The district court is authorized to adjudicate parentage under this act.

Wyo. Stat. Ann. § 14-2-405 Protection of participants.

Proceedings under this act are subject to other law of this state governing the health, safety, privacy and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number and the child's day-care facility and school.

Wyo. Stat. Ann. § 14-2-406 Determination of maternity.

Provisions of this act relating to determination of paternity apply to determinations of maternity.

Wyo. Stat. Ann. § 14-2-407 Severability clause.

If any provision of this act or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Wyo. Stat. Ann. § 14-2-408 Free transcript for appeal.

If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal under this act.

Wyo. Stat. Ann. § 14-2-501 Establishment of parent-child relationship.

(a) The mother-child relationship is established between a woman and a child by: (i) The woman's having given birth to the child; (ii) An adjudication of the woman's maternity; or (iii) Adoption of the child by the woman. (b) The father-child relationship is established between a man and a child by: (i) An unrebutted presumption of the man's paternity of the child under W.S. 14-2-504; (ii) An effective acknowledgment of paternity by the man under article 6 of this act, unless the acknowledgment has been rescinded or successfully challenged; (iii) An adjudication of the man's paternity; (iv) Adoption of the child by the man; or (v) The man's having consented to assisted reproduction by his wife under article 9 of this act which resulted in the birth of the child.

Wyo. Stat. Ann. § 14-2-502 No discrimination based on marital status.

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

Wyo. Stat. Ann. § 14-2-503 Consequences of establishment of parentage.

Unless parental rights are terminated, a parent-child relationship established under this act applies for all purposes, except as otherwise specifically provided by other law of this state.

Wyo. Stat. Ann. § 14-2-504 Presumption of paternity in context of marriage.

(a) A man is presumed to be the father of a child if: (i) He and the mother of the child are married to each other and the child is born during the marriage; (ii) He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; (iii) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; (iv) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: (A) The assertion is in a record filed with the state office of vital records; (B) He agreed to be and is named as the child's father on the child's birth certificate; or (C) He promised in a record to support the child as his own. (v) For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own. (b) A presumption of paternity established under this section may be rebutted only by an adjudication under article 8 of this act.

Wyo. Stat. Ann. § 14-2-601 Acknowledgment of paternity.

(a) The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity. (b) An acknowledgment of paternity of a child born in Wyoming may be filed with the state office of vital records.

Wyo. Stat. Ann. § 14-2-602 Execution of acknowledgment of paternity.

(a) An acknowledgment of paternity shall: (i) Be in a record; (ii) Be signed, or otherwise authenticated, under penalty for false swearing by the mother and by the man seeking to establish his paternity; (iii) State that the child whose paternity is being acknowledged: (A) Does not have a presumed father, or has a presumed father whose full name is stated; and (B) Does not have another acknowledged or adjudicated father. (iv) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and (v) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two (2) years. (b) An acknowledgment of paternity is void if it: (i) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father or a court order rebutting the presumption is filed with the state office of vital records; (ii) States that another man is an acknowledged or adjudicated father; or (iii) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child. (c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity. (d) Before a mother and a man claiming to be the genetic father of a child can sign an acknowledgment of paternity affidavit, the mother and the alleged father shall be provided notice orally or through use of video or audio equipment and in writing of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from, signing the acknowledgment of paternity affidavit. If either the mother or the alleged father is a minor, any rights that attach as a result of the status as a minor shall also be provided orally or through the use of video or audio equipment and in writing, in addition to any other requirements of this subsection.

Wyo. Stat. Ann. § 14-2-603 Denial of paternity.

(a) A presumed father may sign a denial of his paternity. The denial is valid only if: (i) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to W.S. 14-2-605; (ii) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and (iii) The presumed father has not previously: (A) Acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to W.S. 14-2-607 or successfully challenged pursuant to W.S. 14-2-608; or (B) Been adjudicated to be the father of the child.

Wyo. Stat. Ann. § 14-2-604 Rules for acknowledgment and denial of paternity.

(a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgement and denial are both necessary, neither is valid until both are filed. (b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child. (c) Subject to subsection (a) of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the state office of vital records, whichever occurs later. (d) An acknowledgment of paternity or denial of paternity signed by a minor and a legal guardian of the minor is valid if it is otherwise in compliance with this act.

Wyo. Stat. Ann. § 14-2-605 Effect of acknowledgment or denial of paternity.

(a) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid acknowledgment of paternity filed with the state office of vital records is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent. (b) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid denial of paternity by a presumed father filed with the state office of vital records in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Wyo. Stat. Ann. § 14-2-606 No filing fee.

The state office of vital records shall not charge for filing an acknowledgment of paternity or denial of paternity.

Wyo. Stat. Ann. § 14-2-607 Proceeding for rescission.

(a) A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of: (i) Sixty (60) days after the effective date of the acknowledgment or denial, as provided in W.S. 14-2-604; or (ii) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.

Wyo. Stat. Ann. § 14-2-608 Challenge after expiration of period for rescission.

(a) After the period for rescission under W.S. 14-2-607 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only: (i) On the basis of fraud, duress or material mistake of fact; and (ii) Within two (2) years after the acknowledgment or denial is filed with the state office of vital records. (b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

Wyo. Stat. Ann. § 14-2-609 Procedure for rescission or challenge.

(a) Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial. (b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the state office of vital records. (c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support. (d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under article 8 of this act. (e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the state office of vital records to amend the birth record of the child, if appropriate.

Wyo. Stat. Ann. § 14-2-610 Ratification barred.

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.

Wyo. Stat. Ann. § 14-2-611 Full faith and credit.

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

Wyo. Stat. Ann. § 14-2-612 Forms for acknowledgment and denial of paternity.

(a) To facilitate compliance with this article, the state office of vital records shall prescribe forms for the acknowledgment of paternity and the denial of paternity. (b) A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form. (c) Every hospital or birthing center located in the state shall provide to any person who holds himself out to be the natural parent of a child born in the state an affidavit of paternity pursuant to this act. The facility providing the affidavit shall forward the completed affidavit to the state office of vital records. Upon request, the state office of vital records shall provide blank affidavits of paternity to any facility making the request under this subsection.

Wyo. Stat. Ann. § 14-2-613 Release of information.

The state office of vital records may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial, to courts and to the Title IV-D agency of this or another state.

Wyo. Stat. Ann. § 14-2-614 Adoption of rules.

The state office of vital records may adopt rules to implement this article.

Wyo. Stat. Ann. § 14-2-701 Scope of article.

(a) This article governs genetic testing of an individual to determine parentage, whether the individual: (i) Voluntarily submits to testing; or (ii) Is tested pursuant to an order of the court or a child support enforcement agency.

Wyo. Stat. Ann. § 14-2-702 Order for testing.

(a) Except as otherwise provided in this article and article 8 of this act, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding: (i) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or (ii) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child. (b) A child support enforcement agency may order genetic testing only if there is no presumed, acknowledged or adjudicated father. (c) If a request for genetic testing of a child is made before birth, the court or child support enforcement agency may not order in-utero testing. (d) If two (2) or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.

Wyo. Stat. Ann. § 14-2-703 Requirements for genetic testing.

(a) Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (i) The American Association of Blood Banks, or a successor to its functions; (ii) The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or (iii) An accrediting body designated by the United States secretary of health and human services. (b) A specimen used in genetic testing may consist of one (1) or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing is not required to be of the same kind for each individual undergoing genetic testing. (c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory's choice, the following rules apply: (i) The individual objecting may require the testing laboratory, within thirty (30) days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory. (ii) The individual objecting to the testing laboratory's initial choice shall: (A) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or (B) Engage another testing laboratory to perform the calculations. (iii) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested. (d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under W.S. 14-2-605, an individual who has been tested may be required to submit to additional genetic testing.

Wyo. Stat. Ann. § 14-2-704 Report of genetic testing.

(a) A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this article is self-authenticating. (b) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony: (i) The names and photographs of the individuals whose specimens have been taken; (ii) The names of the individuals who collected the specimens; (iii) The places and dates the specimens were collected; (iv) The names of the individuals who received the specimens in the testing laboratory; and (v) The dates the specimens were received.

Wyo. Stat. Ann. § 14-2-705 Genetic testing results; rebuttal.

(a) Under this act, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that: (i) The man has at least a ninety-nine percent (99%) probability of paternity, using a prior probability of one-half (1/2), as calculated by using the combined paternity index obtained in the testing; and (ii) A combined paternity index of at least one hundred (100) to one (1). (b) A man identified under subsection (a) of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this article which: (i) Excludes the man as a genetic father of the child; or (ii) Identifies another man as the possible father of the child. (c) Except as otherwise provided in W.S. 14-2-710, if more than one (1) man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.

Wyo. Stat. Ann. § 14-2-706 Costs of genetic testing.

(a) Subject to assessment of costs under article 7 of this act, the cost of initial genetic testing shall be advanced: (i) By a child support enforcement agency in a proceeding in which the agency is providing services; (ii) By the individual who made the request; (iii) As agreed by the parties; or (iv) As ordered by the court. (b) In cases in which the cost is advanced by the child support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.

Wyo. Stat. Ann. § 14-2-707 Additional genetic testing.

The court or the child support enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under W.S. 14-2-705, the court or agency may not order additional testing unless the party provides advance payment for the testing.

Wyo. Stat. Ann. § 14-2-708 Deceased individual.

For good cause shown, the court may order genetic testing of a deceased individual.

Wyo. Stat. Ann. § 14-2-709 Identical brothers.

(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. (b) If each brother satisfies the requirements as the identified father of the child under W.S. 14-2-705 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

Wyo. Stat. Ann. § 14-2-710 Confidentiality of genetic testing.

(a) In all cases where paternity testing is undertaken, all genetic information, including genetic material and test results, shall be maintained only as long as an accreditation body specified in W.S. 14-2-703 requires such materials to be maintained for accreditation purposes. Thereafter, all materials shall be destroyed or returned to the individual from whom the information was obtained. (b) No testing shall be conducted on any identifiable genetic material for purposes other than paternity determination without the written consent of the individual from whom the genetic material is obtained. (c) All information obtained from identifiable genetic material submitted or used for determination of paternity shall be confidential and used solely for the purposes of determining paternity, unless individual identifiers are removed from the data used for purposes other than establishing paternity. (d) For purposes of this section, "genetic information" means any information about genes, gene products or inherited characteristics that may derive from the individual or a family member, including, but not limited to, information: (i) Regarding carrier status; (ii) Regarding an increased likelihood of future disease or increased sensitivity to any substance; (iii) Derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, requests for genetic services or counseling, tests of gene products and direct analysis of genes or chromosomes. (e) Release of any information obtained in paternity testing without the written consent of the individual from whom the genetic material is obtained to anyone not directly involved in the paternity determination shall be a misdemeanor and upon conviction shall be punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both fine and imprisonment. (f) An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both fine and imprisonment.

Wyo. Stat. Ann. § 14-2-801 Proceeding authorized.

A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Wyoming Rules of Civil Procedure.

Wyo. Stat. Ann. § 14-2-802 Standing to maintain proceeding.

(a) Subject to article 5 of this act and W.S. 14-2-807 and 14-2-809, a proceeding to adjudicate parentage may be maintained by: (i) The child; (ii) The mother of the child; (iii) A man whose paternity of the child is to be adjudicated; (iv) The child support enforcement agency; (v) An authorized adoption agency or licensed child-placing agency; or (vi) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated or a minor.

Wyo. Stat. Ann. § 14-2-803 Parties to proceeding.

(a) The following individuals shall be joined as parties in a proceeding to adjudicate parentage: (i) The mother of the child; and (ii) A man whose paternity of the child is to be adjudicated.

Wyo. Stat. Ann. § 14-2-804 Personal jurisdiction.

(a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. (b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in W.S. 20-4-142 are met. (c) Lack of jurisdiction over one (1) individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.

Wyo. Stat. Ann. § 14-2-805 Venue.

(a) Venue for a proceeding to adjudicate parentage is in the county of this state in which: (i) The child resides or is found; (ii) The respondent resides or is found if the child does not reside in this state; or (iii) A proceeding for probate or administration of the presumed or alleged father's estate has been commenced.

Wyo. Stat. Ann. § 14-2-806 No limitation; child having no presumed, acknowledged or adjudicated father.

(a) A proceeding to adjudicate the parentage of a child having no presumed, acknowledged or adjudicated father may be commenced at any time, even after: (i) The child becomes an adult but only if the child initiates the proceeding; or (ii) An earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.

Wyo. Stat. Ann. § 14-2-807 Limitation; child having presumed father.

(a) Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced within a reasonable time after obtaining knowledge of relevant facts, but in no event later than five (5) years after the child's birth. (b) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that: (i) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and (ii) The presumed father never openly held out the child as his own.

Wyo. Stat. Ann. § 14-2-808 Authority to deny motion for genetic testing.

(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child and the presumed or acknowledged father if the court determines that: (i) The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and (ii) It would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father. (b) In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors: (i) The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father; (ii) The length of time during which the presumed or acknowledged father has assumed the role of father of the child; (iii) The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity; (iv) The nature of the relationship between the child and the presumed or acknowledged father; (v) The age of the child; (vi) The harm that may result to the child if presumed or acknowledged paternity is successfully disproved; (vii) The nature of the relationship between the child and any alleged father; (viii) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and (ix) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child. (c) In a proceeding involving the application of this section, a minor or incapacitated child shall be represented by a guardian ad litem. (d) Denial of a motion seeking an order for genetic testing shall be based on clear and convincing evidence. (e) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed father to be the father of the child.

Wyo. Stat. Ann. § 14-2-809 Limitation; child having acknowledged or adjudicated father.

(a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgement or denial or challenge the paternity of the child only within the time allowed under W.S. 14-2-607 or 14-2-608. (b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two (2) years after the effective date of the acknowledgment or adjudication. (c) A proceeding under this section is subject to the application of the principles of estoppel established under W.S. 14-2-808.

Wyo. Stat. Ann. § 14-2-810 Joinder of proceedings.

(a) Except as otherwise provided in subsection (b) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate or other appropriate proceeding. (b) A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to adjudicate parentage brought under the Uniform Interstate Family Support Act.

Wyo. Stat. Ann. § 14-2-811 Proceeding before birth.

(a) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: (i) Service of process; (ii) Discovery; and (iii) Except as prohibited by W.S. 14-2-702, collection of specimens for genetic testing.

Wyo. Stat. Ann. § 14-2-812 Child as party; representation.

(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article. (b) The court shall appoint an attorney to represent the best interest of a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.

Wyo. Stat. Ann. § 14-2-813 Admissibility of results of genetic testing; expenses.

(a) Except as otherwise provided in subsection (c) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen (14) days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed: (i) Voluntarily or pursuant to an order of the court or a child support enforcement agency; or (ii) Before or after the commencement of the proceeding. (b) A party objecting to the results of genetic testing may call one (1) or more genetic testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying. (c) If a child has a presumed, acknowledged or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed: (i) With the consent of both the mother and the presumed, acknowledged or adjudicated father; or (ii) Pursuant to an order of the court under W.S. 14-2-702. (d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than ten (10) days before the date of a hearing are admissible to establish: (i) The amount of the charges billed; and (ii) That the charges were reasonable, necessary and customary.

Wyo. Stat. Ann. § 14-2-814 Consequences of declining genetic testing.

(a) A person who declines to comply with an order for genetic testing is guilty of contempt of court. (b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual. (c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.

Wyo. Stat. Ann. § 14-2-815 Admission of paternity authorized.

(a) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. (b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.

Wyo. Stat. Ann. § 14-2-816 Temporary order.

(a) In a proceeding under this article, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (i) A presumed father of the child; (ii) Petitioning to have his paternity adjudicated; (iii) Identified as the father through genetic testing under W.S. 14-2-705; (iv) An alleged father who has declined to submit to genetic testing; (v) Shown by clear and convincing evidence to be the father of the child; or (vi) The mother of the child. (b) A temporary order may include provisions for custody and visitation as provided by other law of this state.

Wyo. Stat. Ann. § 14-2-817 Rules for adjudication of paternity.

(a) The court shall apply the following rules to adjudicate the paternity of a child: (i) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child; (ii) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under W.S. 14-2-705 shall be adjudicated the father of the child; (iii) If the court finds that genetic testing under W.S. 14-2-705 neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity; (iv) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated not to be the father of the child.

Wyo. Stat. Ann. § 14-2-818 Jury prohibited.

The court, without a jury, shall adjudicate paternity of a child.

Wyo. Stat. Ann. § 14-2-819 Hearings; inspection of records.

Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this act shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records other than the final judgment pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the state office of vital records services or elsewhere, are subject to inspection only by court order.

Wyo. Stat. Ann. § 14-2-820 Order on default.

(a) The court shall issue an order adjudicating the paternity of a man who: (i) After service of process, is in default; and (ii) Is found by the court to be the father of a child.

Wyo. Stat. Ann. § 14-2-821 Dismissal for want of prosecution.

The court may issue an order dismissing a proceeding commenced under this act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

Wyo. Stat. Ann. § 14-2-822 Order adjudicating parentage.

(a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (b) An order adjudicating parentage shall identify the child by name and date of birth. (c) Except as otherwise provided in subsection (d) of this section, the court may assess filing fees, reasonable attorney's fees, fees for genetic testing, necessary travel and other reasonable expenses incurred in a proceeding under this article. The court may award attorney's fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name. (d) The court may not assess fees, costs or expenses against the child support enforcement agency of this state or another state, except as provided by other law. (e) On request of a party and for good cause shown, the court may order that the name of the child be changed. (f) If the order of the court is at variance with the child's birth certificate, the court shall order the state office of vital records to issue an amended birth certificate. (g) Upon a sufficient showing by the department of family services that birth costs were paid by medical assistance within the preceding five (5) years, the court shall include a requirement in an order adjudicating parentage that the father pay birth costs to the department in the manner set forth in W.S. 14-2-1004. Failure of the department to make a sufficient showing under this subsection shall not preclude the department from subsequently seeking recovery in any other manner authorized by law.

Wyo. Stat. Ann. § 14-2-823 Binding effect of determination of parentage.

(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on: (i) All signatories to an acknowledgement or denial of paternity as provided in article 5 of this act; and (ii) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of W.S. 20-4-142. (b) A child is not bound by a determination of parentage under this act unless: (i) The determination was based on an unrescinded acknowledgment of paternity and the acknowledgement is consistent with the results of genetic testing; (ii) The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or (iii) The child was a party or was represented in the proceeding determining parentage by an attorney representing the child's best interest. (c) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of W.S. 20-4-142, and the final order: (i) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or (ii) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order. (d) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding. (e) An adjudication of the paternity of a child issued by a court of this state or by the filing of an acknowledgment of paternity pursuant to W.S. 14-2-605 without the benefit of genetic testing, may be challenged by a party to the adjudication only if post-adjudication genetic testing proves that the adjudicated father is not the biological father of the child pursuant to W.S. 14-2-817. This section does not apply to any of the following: (i) A paternity determination made in or by a foreign jurisdiction or a paternity determination which has been made in or by a foreign jurisdiction and registered in this state in accordance with the Uniform Interstate Family Support Act; (ii) A paternity determination based upon a court or administrative order of this state if the order was entered based upon blood or genetic test results which demonstrate that the alleged father was not excluded and that the probability of the alleged father's paternity was ninety-nine percent (99%) or higher. (f) A petition for disestablishment of paternity shall be filed: (i) In the district court in which the paternity order is filed; (ii) In the case of an adjudication as a result of the filing of an acknowledgment of paternity pursuant to W.S. 14-2-605, notwithstanding any other provision of this chapter, the petition shall be filed within the earlier of two (2) years after the petitioner knew or should have known that the paternity of the child was at issue or as provided in W.S. 14-2-809(b); (iii) In the case of an adjudication issued by a court of this state, the petition shall be filed only by the mother of the child, the adjudicated father of the child, the child, if the child was a party to the adjudication, or the legal representative of any of these parties. A petition filed by an individual who is not a party to the adjudication shall be filed pursuant to W.S. 14-2-809. The petition under this paragraph shall be filed no later than two (2) years after the petitioner knew or should have known that the paternity of the child was at issue. (g) The court shall appoint an attorney to represent the best interests of a child if the court finds that the best interests of the child is not adequately represented. In cases concerning an adjudication of paternity pursuant to subsection (c) of this section, the court shall appoint an attorney to represent the best interests of the child. In determining the best interests of the child, the court shall consider the following factors: (i) The length of time between the proceeding to adjudicate parentage and the time that the adjudicated father was placed on notice that he might not be the genetic father; (ii) The length of time during which the adjudicated father has assumed the role of the father of the child; (iii) The facts surrounding the adjudicated father's discovery of his possible nonpaternity; (iv) The nature of the relationship between the child and the adjudicated father; (v) The age of the child; (vi) The harm that may result to the child if adjudicated paternity is successfully disproved; (vii) The nature of the relationship between the child and any alleged father; (viii) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and (ix) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the adjudicated father or the chance of other harm to the child. (h) The court may order genetic testing pursuant to article 7 of this chapter. (j) The court may grant relief on the petition filed in accordance with this section upon a finding by the court of all of the following: (i) The relief sought is in the best interests of the child pursuant to the factors in this section; (ii) The genetic test upon which the relief is granted was properly conducted; (iii) The adjudicated father has not adopted the child; (iv) The child is not a child whose paternity is governed by article 9 of this chapter; (v) The adjudicated father did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child. (k) If the court determines that test results conducted in accordance with W.S. 14-2-703 and 14-2-704 exclude the adjudicated father as the biological father, the court may nonetheless dismiss the action to overcome paternity and affirm the paternity adjudication if: (i) The adjudicated father requests that paternity be preserved and that the parent-child relationship be continued; or (ii) The court finds that it is in the best interests of the child to preserve paternity. In determining the best interests of the child, the court shall consider all of the factors listed in this section. (m) If the court finds that the adjudication of paternity should be vacated, in accordance with all of the conditions prescribed, the court shall enter an order which provides all of the following: (i) That the disestablishment of paternity is in the best interests of the child pursuant to the factors in this section; (ii) That the adjudicated father is not the biological father of the child; (iii) That the adjudicated father's parental rights and responsibilities are terminated as of the date of the filing of the order; (iv) That the birth records agency shall amend the child's birth certificate by removing the adjudicated father's name, if it appears thereon, and issue a new birth certificate for the child; (v) That the adjudicated father is relieved of any and all future support obligations owed on behalf of the child from the date that the order determining that the established father is not the biological father is filed; (vi) That any unpaid support due prior to the date the order determining that the adjudicated father is not the biological father is filed, is due and owing; (vii) That the adjudicated father has no right to reimbursement of past child support paid to the mother, the state of Wyoming or any other assignee of child support. (n) Participation of the Title IV-D agency in an action brought under this section shall be limited as follows: (i) The Title IV-D agency shall only participate in actions if services are being provided by the Title IV-D agency pursuant to title 20 chapter 6 of the Wyoming Statutes; (ii) When services are being provided by the Title IV-D agency under title 20 chapter 6 of the Wyoming Statutes, the Title IV-D agency may assist in obtaining genetic tests pursuant to article 7 of this chapter; (iii) An attorney acting on behalf of the Title IV-D agency represents the state of Wyoming in any action under this section. The Title IV-D agency's attorney is not the legal representative of the mother, the adjudicated father or the child in any action brought under this section. (o) The costs of genetic testing, the fee of any guardian ad litem and all court costs shall be paid by the person bringing the action to overcome paternity unless otherwise provided by law. (p) A man presumed to be the father of a child without adjudication of paternity may bring a proceeding to adjudicate paternity pursuant to W.S. 14-2-807.

Wyo. Stat. Ann. § 14-2-901 Scope of article.

This article does not apply to the birth of a child conceived by means of sexual intercourse or to the birth of a child under a gestational agreement as defined by W.S. 35-1-401(a)(xiv).

Wyo. Stat. Ann. § 14-2-902 Parental status of donor.

A donor is not a parent of a child conceived by means of assisted reproduction.

Wyo. Stat. Ann. § 14-2-903 Paternity of child of assisted reproduction.

A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in W.S. 14-2-904, with the intent to be the parent of her child, is the parent of the resulting child.

Wyo. Stat. Ann. § 14-2-904 Consent to assisted reproduction.

(a) Consent by a woman and a man who intends to be the parent of a child born to the woman by assisted reproduction shall be in a record signed by the woman and the man. This requirement shall not apply to a donor. (b) Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of paternity if the woman and the man, during the first two (2) years of the child's life resided together in the same household with the child and openly held out the child as their own.

Wyo. Stat. Ann. § 14-2-905 Limitation on husband's dispute of paternity.

(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless: (i) Within two (2) years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and (ii) The court finds that he did not consent to the assisted reproduction, before or after birth of the child. (b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that: (i) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife; (ii) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and (iii) The husband never openly held out the child as his own. (c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.

Wyo. Stat. Ann. § 14-2-906 Effect of dissolution of marriage or withdrawal of consent.

(a) If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child. (b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.

Wyo. Stat. Ann. § 14-2-907 Parental status of deceased individual.

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.

Wyo. Stat. Ann. § 14-2-1001 Short title.

This article may be cited as the "Medicaid Fairness Act."

Wyo. Stat. Ann. § 14-2-1002 Definitions.

(a) As used in this article: (i) "Birth cost" means all expenses relating to prenatal care, delivery of a child and any other costs which are directly connected to a pregnancy and paid by medical assistance; (ii) "Department" means the department of family services created pursuant to W.S. 9-2-2101; (iii) "Federal poverty level" means the federal poverty guideline updated annually in the federal register by the United States department of health and human services; (iv) "Medical assistance" means as defined in W.S. 42-4-102(a)(ii).

Wyo. Stat. Ann. § 14-2-1003 Birth cost recovery-medical assistance.

(a) Not more than sixty (60) days after an unmarried recipient of medical assistance gives birth to a child, the department of health shall notify the department of family services of the actual amount of birth costs paid by medical assistance. (b) Upon receiving notice pursuant to subsection (a) of this section, the department shall determine whether the paternity of the child has been established. (c) Consistent with W.S. 42-4-106(b), if paternity has been established based on an acknowledgment made pursuant to W.S. 14-2-601, the department shall, in writing, request the father to pay the amount of birth costs established pursuant to W.S. 14-2-1004. (d) Within ninety (90) days of a request made pursuant to subsection (c) of this section, if the father has not made full payment or has not made arrangements for full payment to the satisfaction of the department, the department shall commence a civil action in accordance with W.S. 14-2-204 to recover the amount of birth costs established pursuant to W.S. 14-2-1004. (e) If paternity has not been established, the department, in cooperation with the mother of the child, shall use any means authorized by law to determine the paternity of the child, subject to W.S. 42-4-122(b)(ii). (f) Consistent with W.S. 42-4-106(b), if the father of the child is identified by the department pursuant to subsection (e) of this section, the department shall bring a civil action to adjudicate paternity and recover the amount of birth costs established pursuant to W.S. 42-4-1004 from the father, in the manner set forth in W.S. 14-2-822. (g) The department shall not take any of the actions set forth in this section on or after the fifth birthday of the child.

Wyo. Stat. Ann. § 14-2-1004 Birth cost recovery calculation-medical assistance.

(a) Before requiring the payment of any amount of birth costs under W.S. 14-2-1003, the department shall require the father to provide satisfactory proof of income. If the father does not provide satisfactory proof of income, or if the department is unable to determine the father's income using any means authorized by law, a rebuttable presumption shall exist that the father's income is greater than four hundred percent (400%) of the federal poverty level. (b) After notification of birth costs pursuant to W.S. 14-2-1003(a), the department shall calculate the amount of birth costs that are recoverable from the father in the following manner, subject to subsection (d) of this section: (i) For a father earning less than two hundred percent (200%) of the federal poverty level, zero percent (0%) of the birth costs; (ii) For a father earning two hundred percent (200%) or greater, but less than two hundred fifty percent (250%) of the federal poverty level, ten percent (10%) of the birth costs; (iii) For a father earning two hundred fifty percent (250%) or greater, but less than three hundred percent (300%) of the federal poverty level, twenty percent (20%) of the birth costs; (iv) For a father earning three hundred percent (300%) or greater, but less than three hundred fifty percent (350%) of the federal poverty level, thirty percent (30%) of the birth costs; (v) For a father earning three hundred fifty percent (350%) or greater, but less than four hundred percent (400%) of the federal poverty level, forty percent (40%) of the birth costs; (vi) For a father earning four hundred percent (400%) of the federal poverty level or greater, fifty percent (50%) of the birth costs. (c) The department may assess a fee, in addition to any recoverable birth costs under subsection (b) of this section, which equals the average expenses incurred by the department on a per case basis for the administration of this article and W.S. 42-4-122, plus any attorney's fees, if applicable. No fee or attorney's fees shall be assessed against a father who meets the criteria of paragraph (b)(i) of this section. (d) The total amount recoverable by the department under this section, including any fee or attorney's fees assessed pursuant to subsection (c) of this section, shall not exceed the average birth cost paid by medical assistance in this state, as established by rule promulgated pursuant to W.S. 14-2-1008.

Wyo. Stat. Ann. § 14-2-1005 Birth cost recovery allocation-medical assistance.

(a) Except as otherwise provided in subsections (c) and (d) of this section, any amount recovered by the department pursuant to W.S. 14-2-1003(c), (d) or (f) shall be remitted to the department of health. (b) Except as otherwise provided in subsections (c) and (d) of this section, any amount recovered by the department pursuant to W.S. 20-2-401(f) shall be: (i) Recovered in the manner set forth in W.S. 20-6-101 through 20-6-222; and (ii) Remitted by the department to the department of health. (c) The department of health shall remit to the federal government any amount collected under this article and required to be reimbursed pursuant to 42 U.S.C. 1396k(b). (d) The department may, on a quarterly basis, remit: (i) Forty percent (40%) of the total amount of birth costs recovered pursuant to W.S. 14-2-1003(c), (d) and (f) and 20-2-401(f), less any reimbursements made to the federal government pursuant to subsection (c) of this section, to the birth cost recovery incentive account created pursuant to W.S. 14-2-1006(a). (ii) Any fee or attorney's fee assessed by the department pursuant to W.S. 14-2-1004(c) to the birth cost recovery administration account created pursuant to W.S. 14-2-1006(b).

Wyo. Stat. Ann. § 14-2-1006 Birth cost recovery accounts.

(a) There is created the birth cost recovery incentive account. Funds remitted to the account pursuant to W.S. 14-2-1005(d)(i) shall be used by the department for any services or programs relating to infants or mothers. The account may be divided into subaccounts for purposes of administrative management. Funds in the account are continuously appropriated and shall not lapse at the end of any fiscal period. (b) There is created the birth cost recovery administration account. Funds remitted to the account pursuant to W.S. 14-2-1005(d)(ii) shall be used by the department to offset the costs of the administration of this article and W.S. 42-4-122. The account may be divided into subaccounts for purposes of administrative management. Funds in the account are continuously appropriated and shall not lapse at the end of any fiscal period.

Wyo. Stat. Ann. § 14-2-1007 Best interests of a child.

The department shall not take any action authorized by this article and W.S. 42-4-122 if the department determines that the action would not be in the best interests of a child.

Wyo. Stat. Ann. § 14-2-1008 Adoption of rules.

The department of family services and the department of health, in consultation with each other, shall each promulgate rules to carry out the provisions of this article and W.S. 42-4-122.

Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title14.pdfFetched: 10/4/2026