Wyoming Statutes

Wyo. Stat. § 1-22-108 (2026)

Hearing on petition and objections; findings by

✓ current as of May 2026

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court; effect of default.

     (a) When the persons required to be served as provided in
W.S. 1-22-107 have been served personally or by publication and
do not appear at the hearing, a default shall be entered against
them and they shall be bound by the findings and judgment of the
court.

     (b) When any person whose consent is required objects to
the petition to adopt, he shall at least five (5) days before
the hearing file his objections and serve them on all parties to
the proceedings, including any person whose consent has been
filed.

     (c) If the putative father files and serves his objections
to the petition to adopt as provided in subsection (b) of this
section, and appears at the hearing to acknowledge his paternity
of the child, the court shall hear the evidence in support of
the petition to adopt and in support of the objection to the
petition and shall then determine whether:

          (i) The putative father's claim to paternity of the
child is established;

          (ii) The putative father having knowledge of the
birth or pending birth of the child has evidenced an interest in
and responsibility for the child within thirty (30) days after
receiving notice of the pending birth or birth of the child;

          (iii) The putative father's objections to the
petition to adopt are valid; and
          (iv) The best interests and welfare of the child will
be served by granting the putative father's claim to paternity
or by allowing the petition to adopt.

     (d) The putative father has no right to assert paternity
in adoption, dependency or termination of parental rights
proceedings unless he is known and identified by the mother or
agency, or unless he has lived with or married the mother after
the birth of the child and prior to the filing of the petition
to adopt, and unless prior to the interlocutory hearing of the
adoption proceedings, he has acknowledged the child as his own
by affirmatively asserting paternity as provided in this section
or registered as a putative father under W.S. 1-22-117.

     (e) Based upon its determination and findings after a
hearing, the court may enter its order or decree in accordance
with W.S. 1-22-111.

Notes of Decisions

Cited in 20 cases, 1985–2018 · leading case: Matter of Adoption of GSD, 716 P.2d 984 (Wyo. 1986).

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Matter of Adoption of GSD, 716 P.2d 984 (Wyo. 1986). · cites it 20× “1977, which states in part: “In addition to the exceptions contained in W.S. 1-22-108, the adoption of a child may be ordered without the written consent of the parents or putative father * ⅜ * if the court finds that the nonconsenting parent or putative father has: “(iii)…”

Matter of the Adoption of BGH, 930 P.2d 371 (Wyo. 1996). · cites it 19× “§ 14-2-309 (1994) 1 and could not be terminated as *375 provided in Wyo.Stat. § 1-22-108. In arguing this point, GWJ relies upon language from Matter of Adoption of GSD, 716 P.”

Matter of Adoption of BBC, 831 P.2d 197 (Wyo. 1992). · cites it 18× “In this case we must review the district court's application of Wyo.Stat. § 1-22-108 (June 1988), as substantive law providing a procedure for contested adoptions.”

TC & GC v. State (In re L-Mhb), 431 P.3d 560 (Wyo. 2018). · cites it 2× “This judicially created exception is now codified at Wyo. Stat. Ann. § 1-22-110 (LexisNexis 2017) ; see also Wyo.”

Hede v. Gilstrap, 2005 WY 24 (Wyo. 2005). · cites it 2× “§ 1-22-108. Hearing on petition and objections.”

Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013). “1980) (natural father's consent required unless court finds that dispensing with consent requirement is in best interests of the child); Wyo. Stat. Ann. §§ 1-22-108 , 1-22-109 (Michie 1988) (same).”

Matter of BJB, 888 P.2d 216 (Wyo. 1995). · cites it 5× “§ 1-22-108 because the requisite finding upon which the court relied was not supported in the record.”

In the Matter of Adoption of Jrh, 2006 WY 89 (Wyo. 2006). · cites it 2× “§ 1-22-110 (LexisNexis 2003) which states: (a) In addition to the exceptions contained in W.S. 1-22-108, the adoption of a child may be ordered without the written consent of a parent or the putative father if the court finds that the nonconsenting parent or putative father is…”

In Re Adoption of CF, 2005 WY 118 (Wyo. 2005). “1-22-117 and the affidavit required by W.S. 1-22-109(a)fiv) has been filed with the petition to adopt or if the court finds that the putative father or the nonconsenting parent or parents have: (i) Been given notice of the hearing as provided in W.”

In Re Cw, 2008 WY 50 (Wyo. 2008). · cites it 4× “[¶ 15] In the second statutory provision we consider, Wyo. Stat. Ann. § 1-22-108 , the best interests of the children are factors for the district court to consider when deciding whether to grant a petition for adoption.”

In Re Adoption of TLC, 2002 WY 76 (Wyo. 2002). “§ 1-22-110 (a)(ix) provides: (a) In addition to the exceptions contained in W.S. 1-22-108 the adoption of a child may be ordered without the written consent of a parent .”

In Re Adoption of Ada, 132 P.3d 196 (Wyo. 2006). “§ 1-22-110 states, in pertinent part: (a) In addition to the exceptions contained in W.S. 1-22-108, the adoption of a child may be ordered without the written consent of a parent or the putative father if the court finds * * * that the putative father or the nonconsenting parent…”

Show all 20 citing cases →

— Wyo. Stat. § 1-22-108(a) — 1 case

In the Interest of JLB, 914 P.2d 828 (Wyo. 1996).

— Wyo. Stat. § 1-22-108(c) — 5 cases

Matter of Adoption of BBC, 831 P.2d 197 (Wyo. 1992). “In this case we must review the district court's application of Wyo.Stat. § 1-22-108 (June 1988), as substantive law providing a procedure for contested adoptions.”

Matter of Adoption of GSD, 716 P.2d 984 (Wyo. 1986). “1977, which states in part: “In addition to the exceptions contained in W.S. 1-22-108, the adoption of a child may be ordered without the written consent of the parents or putative father * ⅜ * if the court finds that the nonconsenting parent or putative father has: “(iii)…”

Matter of the Adoption of BGH, 930 P.2d 371 (Wyo. 1996). “§ 14-2-309 (1994) 1 and could not be terminated as *375 provided in Wyo.Stat. § 1-22-108. In arguing this point, GWJ relies upon language from Matter of Adoption of GSD, 716 P.”

Matter of BJB, 888 P.2d 216 (Wyo. 1995). “§ 1-22-108 because the requisite finding upon which the court relied was not supported in the record.”

Bdr v. Beb, 888 P.2d 216 (Wyo. 1995).

— Wyo. Stat. § 1-22-108(c)(i) — 1 case

— Wyo. Stat. § 1-22-108(c)(iHiv) — 1 case

— Wyo. Stat. § 1-22-108(c)(ii) — 1 case

— Wyo. Stat. § 1-22-108(c)(iii) — 2 cases

— Wyo. Stat. § 1-22-108(d) — 1 case

— Wyo. Stat. § 1-22-108(e) — 1 case

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