Wyoming Statutes

Wyo. Stat. § 1-22-109 (2026)

Consent to adoption.

✓ current as of May 2026

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(a) A written relinquishment of custody of the child to be
adopted and written consent to adoption shall be filed with the
petition to adopt and shall be signed by:

          (i)    Both parents, if living; or

          (ii)    The surviving parent; or

          (iii) The mother and putative father of the child if
the name of the putative father is known; or

          (iv) The mother alone if she does not know the name
of the putative father, in which case she shall sign and file an
affidavit so stating and the court shall determine whether the
putative father has registered under W.S. 1-22-117 and if so,
shall require notice to be given to the putative father; or

          (v) The legal guardian of the person of the child if
neither parent is living or if parental rights have been
judicially terminated; or

          (vi) The executive head of the agency to whom the
child has been relinquished for adoption; or

          (vii) The person having exclusive legal custody of
the child by court order; or
          (viii) The legally appointed guardian of any parent
or putative father who has been adjudged mentally incompetent.

     (b) If the child to be adopted is over the age of fourteen
(14) years his written consent to adoption shall also be filed
with the petition to adopt.

     (c) The consent to adoption shall be signed any time after
the birth of the child. The consent shall be acknowledged or may
be approved in the following manner:

          (i)    The consent shall be acknowledged by a:

                 (A)   Person authorized to take acknowledgments;

                 (B)   Representative of the department of family
services; or

               (C) Representative of a certified agency to whom
the custody of the child is being relinquished for adoption.

          (ii) If not acknowledged as provided in paragraph (i)
of this subsection, the consent to adoption may be approved by
the court after:

               (A) The person giving the consent has appeared
before the court in an informal hearing in court chambers; and

               (B) The court finds that the consent is
knowingly and voluntarily given.

     (d) Consent to adoption and the relinquishment of a child
for adoption are irrevocable unless obtained by fraud or duress,
except that if the court should deny the adoption on account of
a claim or objection of the putative father of the child, the
court may also allow the mother of the child to withdraw her
consent and relinquishment. The consent or relinquishment by a
parent who is a minor is valid and may not be revoked solely
because of minority.

     (e) The consent to adoption and the relinquishment of
custody of a child for adoption may be contained in a single
instrument.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1978–2021 · leading case: TC & GC v. State (In re L-Mhb), 431 P.3d 560 (Wyo. 2018).

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TC & GC v. State (In re L-Mhb), 431 P.3d 560 (Wyo. 2018). · cites it 11× “]" In addition, Wyo. Stat. Ann. § 1-22-109 (LexisNexis 2017) lists those persons who must file a written consent and relinquishment to the adoption: (a) A written relinquishment of custody of the child to be adopted and written consent to adoption shall be filed with the…”

PR v. Shannon, 777 P.2d 1106 (Wyo. 1989). · cites it 16× “In agreeing with the state's characterization of the natural father's consent to adoption as a sham, and after concluding that the termination proceeding was not saved by styling it as a voluntary relinquishment of custody and consent to adoption in accordance with W.S.…”

Jk Ex Rel. Dk v. Mk, 5 P.3d 782 (Wyo. 2000). · cites it 18× “Whether Appellant was denied procedural due process by operation of Wyo. Stat. § 1-22-109. II. Whether Appellant was denied substantive due process by operation of Wyo.”

Hede v. Gilstrap, 2005 WY 24 (Wyo. 2005). · cites it 4× “(a) Prior to the hearing a copy of the petition to adopt a child and all orders to show cause shall be served on any persons whose consent to adoption is required by W.S. 1-22-109 and whose consent has not been filed with the petition to adopt.”

In Re Adoption of MM, 652 P.2d 974 (Wyo. 1982). · cites it 6× “Section 1-22-109, W.S. 1977. After the petition to adopt has been filed and a hearing held, the court, acting in the best interest and welfare of the child, may enter an interlocutory decree of adoption giving the care and custody of the child to the petitioners until further…”

In the Matter of the Termination of the Parental Rights To: E.R.C.K., Minor Child, V.L.K. v. State of Wyoming, Dep't of Fam. Servs., 2013 WY 160 (Wyo. 2013). · cites it 4× “Wyoming Statute § 1-22-109 provides that a consent to adoption must be acknowledged by a person who is authorized to take acknowledgements.”

In Re the Adoption of D. P., 583 P.2d 706 (Wyo. 1978). · cites it 6× “[§ 1-22-109, W.S. 1977]; and 2 Am.Jur.2d, Adoption, § 24.”

Matter of Adoption of BGD, 713 P.2d 1191 (Wyo. 1986). · cites it 13× “1977, provides in part: "(c) The following documents shall be filed with every petition to adopt a child: "(i) The appropriate consent to adoption pursuant to W.S. 1-22-109; "(ii) Any relinquishments necessary to show the court that the person or agency legally authorized to…”

In the Matter of the Adoption Of: Atws, Minor Child, Ka v., 2021 WY 62 (Wyo. 2021). · cites it 2× “[¶21] Section -104(b) is quite unlike provisions other states have adopted to expressly require a married person to obtain their spouse’s consent to such an adoption, and such consent is not required under Wyo. Stat. Ann. § 1-22-109 . See, e.g., Kan.”

Clt v. Sjt, 104 P.3d 93 (Wyo. 2005). · cites it 7× “§ 1-22-109 (LexisNexis 2008) provides, as follows: (a) A written relinquishment of custody of the child to be adopted and written consent to adoption shall be filed with the petition to adopt and shall be signed by: (ii) The mother and putative father of the child if the name of…”

Matter of Adoption of BGD, 719 P.2d 1373 (Wyo. 1986). · cites it 5× “The only question presented on rehearing is whether the court correctly interpreted and applied § 1-22-109 and § 1-22-104, W.S. 1977 to the facts of this case.”

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.”

Show all 25 citing cases →

— Wyo. Stat. § 1-22-109(a) — 2 cases

Matter of Adoption of BGD, 713 P.2d 1191 (Wyo. 1986). “1977, provides in part: "(c) The following documents shall be filed with every petition to adopt a child: "(i) The appropriate consent to adoption pursuant to W.S. 1-22-109; "(ii) Any relinquishments necessary to show the court that the person or agency legally authorized to…”

— Wyo. Stat. § 1-22-109(a)(iv) — 2 cases

In Re Adoption of MM, 652 P.2d 974 (Wyo. 1982). “Section 1-22-109, W.S. 1977. After the petition to adopt has been filed and a hearing held, the court, acting in the best interest and welfare of the child, may enter an interlocutory decree of adoption giving the care and custody of the child to the petitioners until further…”

In the Matter of Adoption of Jrh, 2006 WY 89 (Wyo. 2006).

— Wyo. Stat. § 1-22-109(c) — 3 cases

In the Matter of the Termination of the Parental Rights To: E.R.C.K., Minor Child, V.L.K. v. State of Wyoming, Dep't of Fam. Servs., 2013 WY 160 (Wyo. 2013). “Wyoming Statute § 1-22-109 provides that a consent to adoption must be acknowledged by a person who is authorized to take acknowledgements.”

Matter of Adoption of BGD, 719 P.2d 1373 (Wyo. 1986). “The only question presented on rehearing is whether the court correctly interpreted and applied § 1-22-109 and § 1-22-104, W.S. 1977 to the facts of this case.”

— Wyo. Stat. § 1-22-109(d) — 8 cases

PR v. Shannon, 777 P.2d 1106 (Wyo. 1989). “In agreeing with the state's characterization of the natural father's consent to adoption as a sham, and after concluding that the termination proceeding was not saved by styling it as a voluntary relinquishment of custody and consent to adoption in accordance with W.S.…”

In Re the Adoption of D. P., 583 P.2d 706 (Wyo. 1978). “[§ 1-22-109, W.S. 1977]; and 2 Am.Jur.2d, Adoption, § 24.”

— Wyo. Stat. § 1-22-109(e) — 2 cases

TD ex rel. JD v. LDP, 719 P.2d 1373 (Wyo. 1986).

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