Wyoming Statutes

Wyo. Stat. § 1-22-110 (2026)

When adoption permitted without consent.

✓ current as of May 2026

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     (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
unknown and that the putative father has not registered under
W.S. 1-22-117 and the affidavit required by W.S. 1-22-109(a)(iv)
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.S. 1-22-107 and has failed to answer or appear at the hearing;
or

          (ii) Been judicially deprived of parental rights of
the child for any reason; or

          (iii)   Willfully abandoned or deserted the child; or

          (iv) Willfully failed to contribute to the support of
the child for a period of one (1) year immediately prior to the
filing of the petition to adopt and has failed to bring the
support obligation current within sixty (60) days after service
of the petition to adopt; or

          (v) Willfully permitted the child to be maintained in
or by a public or private institution or by the department of
family services for a period of one (1) year immediately prior
to the filing of the petition without substantially contributing
to the support of the child; or

          (vi) Failed, within thirty (30) days after receiving
notice of the pending birth or birth of the child, to advise or
notify the agency which gave the putative father the notice of
pending birth or birth of his interest in or responsibility for
the child or his declaration of paternity; or

          (vii) Been adjudged by a court to be guilty of
cruelty, abuse, neglect or mistreatment of the child; or

          (viii) Caused the conception of the child born out of
wedlock as a result of sexual assault or incest for which he has
been convicted; or

          (ix) Willfully failed to pay a total dollar amount of
at least seventy percent (70%) of the court ordered support for
a period of two (2) years or more and has failed to bring the
support obligation one hundred percent (100%) current within
sixty (60) days after service of the petition to adopt.

     (b) Any petition filed pursuant to paragraphs (a)(iv) or
(ix) of this section shall contain a clear statement of the
consequences of the respondent's failure to bring the support
obligation current.

Notes of Decisions

Cited in 39 cases, 1978–2020 · leading case: In Re Adoption of CF, 2005 WY 118 (Wyo. 2005).

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In Re Adoption of CF, 2005 WY 118 (Wyo. 2005). · cites it 24× “[T8] In April 2003, Foster Parents petitioned to adopt CF without the parents' consent in accordance with Wyo. Stat. Ann. § 1-22-110 . 1 (LexisNexis 2005).”

In Re Adoption of TLC, 2002 WY 76 (Wyo. 2002). · cites it 25× “Pursuant to the order, the district court granted the adoption without the consent of Father under two statutory sections, Wyo. Stat. Ann. § 1-22-110 (a)(iii) and (a)(ix).”

Mmm v. Ammj (in Re Mmm), 419 P.3d 490 (Wyo. 2018). · cites it 16× “DISCUSSION [¶ 11] Father and Stepmother sought the adoption of MMM pursuant to two statutory provisions: Wyo. Stat. Ann. § 1-22-110 (a)(iii) (willful abandonment) and Wyo.”

In the Matter of Adoption of Jrh, 2006 WY 89 (Wyo. 2006). · cites it 16× “ISSUES [¶2] Father presents the following issue for review: Whether the district court abused its discretion in holding that the nonconsenting biological father in a contested adoption proceeding had willfully failed to pay child support, thus allowing the adoption to proceed…”

In Re Adoption of Ada, 132 P.3d 196 (Wyo. 2006). · cites it 10× “Father did not comply with his child support obligation; consequently, on February 2, 2004, stepfather filed a petition to adopt the children without father’s consent pursuant to Wyo. Stat. Ann. § 1-22-110 (LexisNexis 2005).”

Matter of Adoption of Rha, 702 P.2d 1259 (Wyo. 1985). · cites it 13× ““Wyoming Statutes §§ 14-2-308 through 14-2-318 for termination of parental rights and Wyoming Statute § 1-22-110 for adoption without parental consent violate appellant [PAA’s] substantive due process rights under the Fifth and Fourteenth Amendments of the U.”

Matter of Adoption of GSD, 716 P.2d 984 (Wyo. 1986). · cites it 14× “Apparently he believes that the district court relied upon § 1-22-110, W.S. 1977, which states in part: “In addition to the exceptions contained in W.”

Matter of Adoption of JLP, 774 P.2d 624 (Wyo. 1989). · cites it 9× “These allegations were made pursuant to Wyo. Stat. § 1-22-110 (1977) of the adoption statutes, which provides for adoption without the consent of a natural parent.”

Dlh v. Jla, 286 P.3d 746 (Wyo. 2012). · cites it 14× “ISSUE [12] The parties raise the following issue: Whether the district court abused its discretion in granting JJA's adoption of AMP without Appellant's consent pursuant to Wyo. Stat. Ann. § 1-22-110 (a)(iv), due to Appellant's willfal failure to pay child support for a period…”

TC & GC v. State (In re L-Mhb), 431 P.3d 560 (Wyo. 2018). · cites it 4× “] Wyo. Stat. Ann. § 1-22-104 was amended in 2018 by adding (c)(vi).”

In Re Adoption of SMR, 982 P.2d 1246 (Wyo. 1999). · cites it 19× “DISCUSSION The issue on appeal is whether the district court abused its discretion in applying the provisions of Wyo. Stat. Ann. § 1-22-110 (a)(iii) and (iv).”

In Re Adoption of KJD, 2002 WY 26 (Wyo. 2002). · cites it 7× “Finding no abuse of discretion by the district court, we affirm the Final Decree of Adoption entered pursuant to Wyo. Stat. Ann. § 1-22-110 (a)(v) (Lexis-Nexis 2001).”

Show all 39 citing cases →

— Wyo. Stat. § 1-22-110(39)(v) — 1 case

In Re Adoption of CF, 2005 WY 118 (Wyo. 2005). “[T8] In April 2003, Foster Parents petitioned to adopt CF without the parents' consent in accordance with Wyo. Stat. Ann. § 1-22-110 . 1 (LexisNexis 2005).”

— Wyo. Stat. § 1-22-110(a) — 6 cases

In Re Adoption of TLC, 2002 WY 76 (Wyo. 2002). “Pursuant to the order, the district court granted the adoption without the consent of Father under two statutory sections, Wyo. Stat. Ann. § 1-22-110 (a)(iii) and (a)(ix).”

Matter of Adoption of CCT, 640 P.2d 73 (Wyo. 1982).

Matter of Parental Rights of SCN, 659 P.2d 568 (Wyo. 1983).

In Re Adoption of Rms, 2011 WY 78 (Wyo. 2011).

— Wyo. Stat. § 1-22-110(a)(1) — 1 case

— Wyo. Stat. § 1-22-110(a)(iii) — 5 cases

Matter of Adoption of CCT, 640 P.2d 73 (Wyo. 1982).

Matter of Adoption of GSD, 716 P.2d 984 (Wyo. 1986). “Apparently he believes that the district court relied upon § 1-22-110, W.S. 1977, which states in part: “In addition to the exceptions contained in W.”

In Re Adoption of SMR, 982 P.2d 1246 (Wyo. 1999). “DISCUSSION The issue on appeal is whether the district court abused its discretion in applying the provisions of Wyo. Stat. Ann. § 1-22-110 (a)(iii) and (iv).”

— Wyo. Stat. § 1-22-110(a)(iv) — 10 cases

Matter of Adoption of CCT, 640 P.2d 73 (Wyo. 1982).

In Re Adoption of Rms, 2011 WY 78 (Wyo. 2011).

Matter of Adoption of GAR, 810 P.2d 113 (Wyo. 1991).

— Wyo. Stat. § 1-22-110(a)(ix) — 4 cases

In the Matter of Adoption of Jrh, 2006 WY 89 (Wyo. 2006). “ISSUES [¶2] Father presents the following issue for review: Whether the district court abused its discretion in holding that the nonconsenting biological father in a contested adoption proceeding had willfully failed to pay child support, thus allowing the adoption to proceed…”

In Re Adoption of Rms, 2011 WY 78 (Wyo. 2011).

In the Matter of the Adoption of: CJML & KDL, minor Child., CML & SRL v. ADBL, 2020 WY 23 (Wyo. 2020).

— Wyo. Stat. § 1-22-110(a)(v) — 2 cases

In Re Adoption of KJD, 2002 WY 26 (Wyo. 2002). “Finding no abuse of discretion by the district court, we affirm the Final Decree of Adoption entered pursuant to Wyo. Stat. Ann. § 1-22-110 (a)(v) (Lexis-Nexis 2001).”

— Wyo. Stat. § 1-22-110(a)(vi) — 1 case

— Wyo. Stat. § 1-22-110(a)(vii) — 3 cases

Matter of Adoption of JLP, 774 P.2d 624 (Wyo. 1989). “These allegations were made pursuant to Wyo. Stat. § 1-22-110 (1977) of the adoption statutes, which provides for adoption without the consent of a natural parent.”

Matter of Adoption of Rha, 702 P.2d 1259 (Wyo. 1985). ““Wyoming Statutes §§ 14-2-308 through 14-2-318 for termination of parental rights and Wyoming Statute § 1-22-110 for adoption without parental consent violate appellant [PAA’s] substantive due process rights under the Fifth and Fourteenth Amendments of the U.”

— Wyo. Stat. § 1-22-110(a)(vil) — 1 case

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