Chapter 2 - Parents
CHAPTER 2 - PARENTS
ARTICLE 1 - PARENTAGE; PATERNITY ACTIONS
14-2-101. Repealed By Laws 2003, Ch. 93, 3.
14-2-102. Repealed By Laws 2003, Ch. 93, 3.
14-2-103. Repealed By Laws 2003, Ch. 93, 3.
14-2-104. Repealed By Laws 2003, Ch. 93, 3.
14-2-105. Repealed By Laws 2003, Ch. 93, 3.
14-2-106. Repealed By Laws 2003, Ch. 93, 3.
14-2-107. Repealed By Laws 2003, Ch. 93, 3.
14-2-108. Repealed By Laws 2003, Ch. 93, 3.
14-2-109. Repealed By Laws 2003, Ch. 93, 3.
14-2-110. Repealed By Laws 2003, Ch. 93, 3.
14-2-111. Repealed By Laws 2003, Ch. 93, 3.
14-2-112. Repealed By Laws 2003, Ch. 93, 3.
14-2-113. Repealed By Laws 2003, Ch. 93, 3.
14-2-114. Repealed By Laws 2003, Ch. 93, 3.
14-2-115. Repealed By Laws 2003, Ch. 93, 3.
14-2-116. Repealed By Laws 2003, Ch. 93, 3.
14-2-117. Repealed By Laws 2003, Ch. 93, 3.
14-2-118. Repealed By Laws 2003, Ch. 93, 3.
14-2-119. Repealed By Laws 2003, Ch. 93, 3.
14-2-120. Repealed By Laws 2003, Ch. 93, 3.
ARTICLE 2 - RIGHTS AND OBLIGATIONS
14-2-201. Maintenance and education of minor out of income from ownproperty.
Anyminor having a living parent and owning property with income sufficient for hismaintenance and education in a manner more expensive than his parent canreasonably afford, regard given to the situation of the parent's family and toall circumstances of the case, the expenses of the minor's education andmaintenance may be defrayed out of the income of the minor's own property inwhole or in part, as judged reasonable and as directed by the court. Thecharges for maintenance and education may be allowed accordingly in thesettlements of the accounts of the minor's guardian.
14-2-202. Payment or delivery to parent of minor's estate notexceeding $3,000; duty of parent.
(a) Money or other property not exceeding three thousanddollars ($3,000.00) in value belonging to a minor having no guardian of hisestate may be paid or delivered to a parent entitled to the custody of theminor to hold for the minor, upon written assurance verified by the oath of theparent that the total estate of the minor does not exceed three thousanddollars ($3,000.00) in value. The written receipt of the parent shall be anacquittance of the person making the payment or delivery of money or otherproperty.
(b) It is the duty of the parent to apply the funds received tothe use and benefit of the minor.
14-2-203. Parental tort liability for property damage of certainminors; exception; action cumulative.
(a) Any property owner is entitled to recover damages from theparents of any minor under the age of seventeen (17) years and over the age often (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 twothousand dollars ($2,000.00) in addition to taxable court costs. This sectiondoes not apply to parents whose parental custody and control of the child hadbeen terminated by court order prior to the destructive act.
(b) The action authorized in subsection (a) of this section isin addition to all other actions which the owner is entitled to maintain andnothing 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 wouldotherwise be liable. The purpose of this section is to authorize recovery fromparents in situations where they would not otherwise be liable.
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 childwho abandons, deserts, neglects or unjustifiably fails to support the child isliable for support of the child. It is no defense that the child was not or isnot in destitute circumstances. For purposes of this section, a parent's legalobligation 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 ofself support; or
(ii) Repealed By Laws 2000, Ch. 1, 2.
(iii) Between the age of majority and twenty (20) years andattending high school or an equivalent program as full-time participants.
(b) Either of the parents of the child, the department offamily services or any other person, agency or institution furnishing thephysical care or support of the child may commence civil action for past andfuture child and medical support.
(c) The petition or complaint shall be filed in the districtcourt of the county where the defendant resides, is found or has assets subjectto attachment or execution. Service of process shall be as provided by theWyoming Rules of Civil Procedure.
(d) The measure of recovery from the defendant is thereasonable value of the care or support, including medical support furnished tothe child by the petitioner and the child support ordered pursuant to W.S.20-2-303 through 20-2-305, 20-2-307 and 20-2-311. In addition, the court maymake other suitable order for future care or support of the child. Theseremedies 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.
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, andthe guardian or custodian of an unemancipated minor, if applicable, to appearwith the minor before any court of this state in any proceeding in which theminor is required to appear and is alleged to have committed a criminal offenseor to have violated a municipal ordinance. It shall be the responsibility ofthe court to afford any parent, guardian or custodian appearing with a minorpursuant to this subsection a reasonable opportunity to address the court.
(b) In any proceeding in juvenile court, attendance of one orboth parents, and the guardian or custodian of the minor, if applicable, shallbe 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 theguardian or custodian of the minor, if applicable, at any hearing by causing anorder 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 forcontempt of court and the court may issue a bench warrant to cause the personto be brought before the court.
ARTICLE 3 - TERMINATION OF PARENTAL RIGHTS
14-2-301. Repealed by Laws 1981, ch. 102, 2.
14-2-302. Repealed by Laws 1981, ch. 102, 2.
14-2-303. Repealed by Laws 1981, ch. 102, 2.
14-2-304. Repealed by Laws 1981, ch. 102, 2.
14-2-305. Repealed by Laws 1981, ch. 102, 2.
14-2-306. Repealed by Laws 1981, ch. 102, 2.
14-2-307. Repealed by Laws 1981, ch. 102, 2.
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 andplace children; or
(B) A private child welfare agency certified by the state forsuch purposes pursuant to W.S. 14-6-201 through 14-6-243, 14-4-101 through14-4-116, 1-22-101 through 1-22-114;
(iii) "Child" or "minor" means an individualwho is under the age of majority;
(iv) "Court" means the district court in the districtwhere the child resides or is found or the district court which has previouslyretained jurisdiction of the child because of a previous order entered by thatcourt;
(v) "Mental health professional" means a person withan 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 byadoption;
(viii) "Indigent party" means a person whose financialresources and income are insufficient to enable him to pay the reasonable feesand expenses of an attorney licensed to practice in this state;
(ix) "This act" means W.S. 14-2-308 through 14-2-319.
14-2-309. Grounds for termination of parent-child relationship; clearand convincing evidence.
(a) The parent-child legal relationship may be terminated ifany one (1) or more of the following facts is established by clear andconvincing evidence:
(i) The child has been left in the care of another personwithout provision for the child's support and without communication from theabsent parent for a period of at least one (1) year. In making the abovedetermination, the court may disregard occasional contributions, or incidentalcontacts and communications;
(ii) The child has been abandoned with no means ofidentification for at least three (3) months and efforts to locate the parenthave been unsuccessful;
(iii) The child has been abused or neglected by the parent andreasonable efforts by an authorized agency or mental health professional havebeen unsuccessful in rehabilitating the family or the family has refusedrehabilitative treatment, and it is shown that the child's health and safetywould be seriously jeopardized by remaining with or returning to the parent;
(iv) The parent is incarcerated due to the conviction of afelony and a showing that the parent is unfit to have the custody and controlof the child;
(v) The child has been in foster care under the responsibilityof 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 ofthe child;
(vi) The child is abandoned at less than one (1) year of age andhas been abandoned for at least six (6) months;
(vii) The child was relinquished to a safe haven provider inaccordance with W.S. 14-11-101 through 14-11-109, and neither parent hasaffirmatively sought the return of the child within three (3) months from thedate of relinquishment;
(viii) The parent is convicted of murder or homicide of the otherparent of the child under W.S. 6-2-101 through 6-2-104.
(b) Proof by clear and convincing evidence that the parent hasbeen convicted of any of the following crimes may constitute grounds that theparent is unfit to have custody or control of any child and may be grounds forterminating the parent-child relationship as to any child with no requirementthat reasonable efforts be made to reunify the family:
(i) Murder or voluntary manslaughter of another child of theparent or aiding and abetting, attempting, conspiring to commit or solicitingsuch a crime; or
(ii) Commission of a felony assault which results in seriousbodily 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 thefamily is not required in any case in which the court determines by clear andconvincing evidence that:
(i) The parental rights of the parent to any other child havebeen terminated involuntarily;
(ii) The parent abandoned, chronically abused, tortured orsexually abused the child; or
(iii) Other aggravating circumstances exist indicating that thereis little likelihood that services to the family will result in successfulreunification.
14-2-310. Parties authorized to file petition.
(a) The petition for the termination of the parent-childrelationship shall be filed with the court by:
(i) Either parent, when termination of the parent-child legalrelationship is sought with respect to the other parent; or
(ii) The guardian or the legal custodian of the child; or
(iii) An authorized agency.
14-2-311. Contents of petition.
(a) The petition for the termination of the parent-child legalrelationship 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 hisrelationship to the child;
(iii) The name, address and place and date of birth of theparent, if known, and of the name of the person having the legal custody orguardianship of the child;
(iv) The grounds for termination of the parent-child legalrelationship pursuant to W.S. 14-2-309;
(v) Name and address of the person or authorized agencyrequesting appointment as the guardian of the child.
14-2-312. Hearing; appointment of guardian ad litem.
Afterthe petition has been filed, the court shall appoint a guardian ad litem torepresent the child unless the court finds the interests of the child will berepresented adequately by the petitioner or another party to the action and arenot adverse to that party. If the court appoints a guardian ad litem it shallapprove a fee for services. When a petition is filed and presented to thejudge, the judge shall set the petition for hearing. The Wyoming Rules of CivilProcedure, including the right of a parent, child or interested person todemand a jury trial, are applicable in actions brought under this act.
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 isa minor;
(iv) The department of family services if the child is or hasbeen supported by public assistance funds.
(b) Service of the petition on the person required to be servedby subsection (a) of this section shall be made as provided by the WyomingRules of Civil Procedure. If the person is a nonresident or his residence isunknown, service may be had by constructive service or by publication asprovided in the Wyoming Rules of Civil Procedure.
14-2-314. Social study required; information to be shown; not excludedas hearsay.
Uponthe filing of a petition by anyone other than an authorized agency as definedby W.S. 14-2-308(a)(ii)(A), the court shall direct that a social study be madeby the appropriate county office of public assistance and social services or byany authorized agency to aid the court in making a final disposition of thepetition. The social study shall state the factual information pertaining tothe allegations in the petition, the social history and the present situation andenvironment of the child and parent. The social study shall not be excluded asevidence by reason of hearsay alone. The social study shall be made availableto any party to the action upon request.
14-2-315. Order terminating the parent-child legal relationship;contents.
Theorder terminating the parent-child legal relationship shall be in writing andshall contain the findings of the court. If the court terminates theparent-child legal relationship of either one (1) or both parents, it shall fixthe responsibility for the child's support and appoint a guardian of thechild's person or estate or both.
14-2-316. Dismissal of petition; continuation of hearing.
Ifthe court does not terminate the parent-child legal relationship, it shalldismiss the petition or direct an authorized agency to continue to make effortsto rehabilitate the parent and continue the hearing for no longer than six (6)months. The authorized agency shall provide the court with any additionalreports regarding its rehabilitative efforts and results. Pending finalhearing, the court may continue the present placement of the child or place thechild in the temporary custody of an authorized agency and fix responsibilityfor temporary child support.
14-2-317. Effect of order of termination.
(a) An order terminating the parent-child legal relationshipdivests the parent of all legal rights and privileges and relieves the child ofall duties to that parent except:
(i) The order does not divest that parent of duties and supportobligations unless otherwise specifically ordered by the court or the child isadopted; and
(ii) The right of the child to inherit from the parent shall notbe affected by the order.
(b) The parent whose parent-child legal relationship has beenterminated is not thereafter entitled to the notice of proceedings for theadoption of the child, nor has he any right to object to the adoption orotherwise participate in the adoption proceedings.
14-2-318. Costs of proceedings; appointment of counsel.
(a) The court may appoint counsel for any party who isindigent. Indigency shall be established by written affidavit signed and swornto by the party or sworn testimony made a part of the record of theproceedings. The affidavit or sworn testimony shall state that the party iswithout sufficient money, property, assets or credit to employ counsel in hisown behalf. The court may require further verification of financial conditionas 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 shallinclude:
(i) Fee for the guardian ad litem;
(ii) Attorney's fee for an indigent party;
(iii) Other professional fees incurred by an indigent party indefense of an action brought under this act.
(c) Prior to incurring any cost under subsection (b) of thissection application shall be made to the court and written approval by thecourt 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 petitionis filed shall represent the authorized agency in all proceedings under thisact;
(ii) The authorized agency shall pay the reasonable attorney'sfees and expenses for an indigent party incurred in the defense of an actionbrought under this act and approved by the court; and
(iii) The authorized agency shall pay the guardian ad litemreasonable fees and expenses approved by the court.
14-2-319. Determination of indigency; recovery of payment.
(a) In determining whether a person is an indigent party forpurposes of W.S. 14-2-318, the court shall consider in addition to any otherrelevant factors the person's income, property owned, outstanding obligationsand the number and ages of his dependents. In each case the person, subject tothe 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 foran attorney or for other expenses incurred in defense of an action broughtunder this act, the court may order that he make payment within a specifiedperiod of time or in specified installments.
(c) Within eight (8) years after the date the services wererendered, the attorney general may sue on behalf of the state to recoverpayment or reimbursement from each person who has received legal assistance oranother benefit under this act:
(i) To which he was not entitled;
(ii) With respect to which he was not an indigent person when hereceived it; or
(iii) With respect to which he has failed to make thecertification required by subsection (a) of this section.
(d) Within three (3) years after the date the services wererendered, the attorney general may sue on behalf of the state to recoverpayment or reimbursement from each person other than a person covered bysubsection (c) of this section who:
(i) Has received legal assistance or other benefit under thisact; and
(ii) On the date on which suit is brought is financially able topay or reimburse the state for all or part of the legal assistance or otherbenefit according to the standards of ability to pay applicable under this actbut refuses to do so.
(e) Amounts recovered under this section shall be remitted tothe general fund.
ARTICLE 4 - GENERAL PROVISIONS
14-2-401. Short title.
This act shall be known and may be cited as the WyomingParentage Act.
14-2-402. Definitions.
(a) As used in this act:
(i) "Acknowledged father" means a man who hasestablished a father-child relationship under article 6 of this act;
(ii) "Adjudicated father" means a man who has beenadjudicated by a court of competent jurisdiction to be the father of a child;
(iii) "Alleged father" means a man who alleges himselfto be, or is alleged to be, the genetic father or a possible genetic father ofa child, but whose paternity has not been determined. The term does notinclude:
(A) A presumed father;
(B) A man whose parental rights have been terminated ordeclared not to exist; or
(C) A male donor.
(iv) "Assisted reproduction" means a method of causingpregnancy 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 whoseparentage may be determined under this act;
(vi) "Commence" means to file the initial pleadingseeking an adjudication of parentage in a district court of this state;
(vii) "Determination of parentage" means theestablishment of the parent-child relationship by the signing of a validacknowledgment of paternity under article 5 of this act or by adjudication bythe court;
(viii) "Donor" means an individual who produces eggs orsperm used for assisted reproduction, whether or not for consideration. Theterm 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 assistedreproduction;
(C) A parent under article 9 of this chapter.
(ix) "Ethnic or racial group" means, for purposes ofgenetic testing, a recognized group that an individual identifies as all orpart of the individual's ancestry or that is so identified by otherinformation;
(x) "Genetic testing" means an analysis of geneticmarkers to exclude or identify a man as the father or a woman as the mother ofa child. The term includes an analysis of one (1) or a combination of thefollowing:
(A) Deoxyribonucleic acid; and
(B) Blood-group antigens, red-cell antigens, human-leukocyteantigens, serum enzymes, serum proteins or red-cell enzymes.
(xi) "Man" means a male individual of any age;
(xii) "Parent" means an individual who has establisheda parent-child relationship under W.S. 14-2-501;
(xiii) "Parent-child relationship" means the legalrelationship between a child and a parent of the child. The term includes themother-child relationship and the father-child relationship;
(xiv) "Paternity index" means the likelihood ofpaternity calculated by computing the ratio between:
(A) The likelihood that the tested man is the father, based onthe genetic markers of the tested man, mother and child, conditioned on thehypothesis that the tested man is the father of the child; and
(B) The likelihood that the tested man is not the father, basedon the genetic markers of the tested man, mother and child, conditioned on thehypothesis that the tested man is not the father of the child and that thefather is of the same ethnic or racial group as the tested man.
(xv) "Presumed father" means a man who, by operationof law under W.S. 14-2-504, is recognized as the father of a child until thatstatus is rebutted or confirmed in a judicial proceeding;
(xvi) "Probability of paternity" means the measure, forthe ethnic or racial group to which the alleged father belongs, of the probabilitythat 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 percentageincorporating the paternity index and a prior probability;
(xvii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;
(xviii) "Signatory" means an individual who authenticatesa record and is bound by its terms;
(xix) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;
(xx) "Title IV-D" means Title IV-D of the federalSocial Security Act;
(xxi) "This act" means W.S. 14-2-401 through 14-2-907.
14-2-403. Scope of act; choice of law.
(a) This act applies to every determination of parentage inthis state.
(b) The court shall apply the law of this state to adjudicatethe 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 parentalrights or duties under other law of this state.
(d) This act does not authorize or prohibit an agreementbetween a woman and a man and another woman in which the woman relinquishes allrights as a parent of a child conceived by means of assisted reproduction, andwhich provides that the man and the other woman become the parents of thechild. If a birth results under such an agreement and the agreement isunenforceable under Wyoming law, the parent-child relationship is determined asprovided in article 4 of this act.
14-2-404. Court of this state.
The district court is authorized toadjudicate parentage under this act.
14-2-405. Protection of participants.
Proceedings under this act are subject toother law of this state governing the health, safety, privacy and liberty of achild or other individual who could be jeopardized by disclosure of identifyinginformation, including address, telephone number, place of employment, socialsecurity number and the child's day-care facility and school.
14-2-406. Determination of maternity.
Provisions of this act relating todetermination of paternity apply to determinations of maternity.
14-2-407. Severability clause.
If any provision of this act or itsapplication to an individual or circumstance is held invalid, the invaliditydoes not affect other provisions or applications of this act which can be giveneffect without the invalid provision or application, and to this end theprovisions of this act are severable.
14-2-408. Free transcript for appeal.
If a party is financially unable to paythe cost of a transcript, the court shall furnish on request a transcript forpurposes of appeal under this act.
ARTICLE 5 - PARENT-CHILD RELATIONSHIP
14-2-501. Establishment of parent-child relationship.
(a) The mother-child relationship is established between a womanand 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 manand a child by:
(i) An unrebutted presumption of the man's paternity of thechild under W.S. 14-2-504;
(ii) An effective acknowledgment of paternity by the man underarticle 6 of this act, unless the acknowledgment has been rescinded orsuccessfully 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 hiswife under article 8 of this act which resulted in the birth of the child.
14-2-502. No discrimination based on marital status.
A child born to parents who are notmarried to each other has the same rights under the law as a child born toparents who are married to each other.
14-2-503. Consequences of establishment of parentage.
Unless parental rights are terminated, aparent-child relationship established under this act applies for all purposes,except as otherwise specifically provided by other law of this state.
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 otherand the child is born during the marriage;
(ii) He and the mother of the child were married to each otherand the child is born within three hundred (300) days after the marriage isterminated by death, annulment, declaration of invalidity, divorce or after theentry of a decree of separation;
(iii) Before the birth of the child, he and the mother of thechild married each other in apparent compliance with law, even if the attemptedmarriage is or could be declared invalid, and the child is born during theinvalid marriage or within three hundred (300) days after its termination bydeath, annulment, declaration of invalidity, divorce or after the entry of adecree of separation;
(iv) After the birth of the child, he and the mother of thechild married each other in apparent compliance with law, whether or not themarriage is or could be declared invalid, and he voluntarily asserted hispaternity of the child, and:
(A) The assertion is in a record filed with the state office ofvital records;
(B) He agreed to be and is named as the child's father on thechild'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 residedin the same household with the child and openly held out the child as his own.
(b) A presumption of paternity established under this sectionmay be rebutted only by an adjudication under article 8 of this act.
ARTICLE 6 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
14-2-601. Acknowledgment of paternity.
(a) The mother of a child and a man claiming to be the geneticfather of the child may sign an acknowledgment of paternity with intent toestablish the man's paternity.
(b) An acknowledgment of paternity of a child born in Wyomingmay be filed with the state office of vital records.
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 forfalse 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 fatherwhose 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 resultsof the testing; and
(v) State that the signatories understand that theacknowledgment is the equivalent of a judicial adjudication of paternity of thechild and that a challenge to the acknowledgment is permitted only underlimited 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 adenial of paternity signed or otherwise authenticated by the presumed father ora court order rebutting the presumption is filed with the state office of vitalrecords;
(ii) States that another man is an acknowledged or adjudicatedfather; or
(iii) Falsely denies the existence of a presumed, acknowledged oradjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate anacknowledgment of paternity.
(d) Before a mother and a man claiming to be the genetic fatherof a child can sign an acknowledgment of paternity affidavit, the mother andthe alleged father shall be provided notice orally or through use of video oraudio equipment and in writing of the alternatives to, the legal consequencesof, and the rights and responsibilities that arise from, signing theacknowledgment of paternity affidavit. If either the mother or the allegedfather is a minor, any rights that attach as a result of the status as a minorshall also be provided orally or through the use of video or audio equipmentand in writing, in addition to any other requirements of this subsection.
14-2-603. Denial of paternity.
(a) A presumed father may sign a denial of his paternity. Thedenial is valid only if:
(i) An acknowledgment of paternity signed, or otherwiseauthenticated, by another man is filed pursuant to W.S. 14-2-605;
(ii) The denial is in a record, and is signed, or otherwiseauthenticated, under penalty of perjury; and
(iii) The presumed father has not previously:
(A) Acknowledged his paternity, unless the previousacknowledgment has been rescinded pursuant to W.S. 14-2-607 or successfullychallenged pursuant to W.S. 14-2-608; or
(B) Been adjudicated to be the father of the child.
14-2-604. Rules for acknowledgment and denial of paternity.
(a) An acknowledgment of paternity and a denial of paternitymay be contained in a single document or may be signed in counterparts, and maybe filed separately or simultaneously. If the acknowledgement and denial areboth necessary, neither is valid until both are filed.
(b) An acknowledgment of paternity or a denial of paternity maybe signed before the birth of the child.
(c) Subject to subsection (a) of this section, anacknowledgment of paternity or denial of paternity takes effect on the birth ofthe 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 paternitysigned by a minor and a legal guardian of the minor is valid if it is otherwisein compliance with this act.
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 vitalrecords is equivalent to an adjudication of paternity of a child and confersupon 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 ofvital records in conjunction with a valid acknowledgment of paternity isequivalent to an adjudication of the nonpaternity of the presumed father anddischarges the presumed father from all rights and duties of a parent.
14-2-606. No filing fee.
The state office of vital records shallnot charge for filing an acknowledgment of paternity or denial of paternity.
14-2-607. Proceeding for rescission.
(a) A signatory may rescind an acknowledgment of paternity ordenial of paternity by commencing a proceeding to rescind before the earlierof:
(i) Sixty (60) days after the effective date of theacknowledgment or denial, as provided in W.S. 14-2-604; or
(ii) The date of the first hearing in a proceeding to which thesignatory is a party before a court to adjudicate an issue relating to thechild, including a proceeding that establishes support.
14-2-608. Challenge after expiration of period for rescission.
(a) After the period for rescission under W.S. 14-2-607 hasexpired, a signatory of an acknowledgment of paternity or denial of paternitymay 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 isfiled with the state office of vital records.
(b) A party challenging an acknowledgment of paternity ordenial of paternity has the burden of proof.
14-2-609. Procedure for rescission or challenge.
(a) Every signatory to an acknowledgment of paternity and anyrelated denial of paternity shall be made a party to a proceeding to rescind orchallenge the acknowledgment or denial.
(b) For the purpose of rescission of, or challenge to, anacknowledgment of paternity or denial of paternity, a signatory submits topersonal jurisdiction of this state by signing the acknowledgment or denial,effective upon the filing of the document with the state office of vitalrecords.
(c) Except for good cause shown, during the pendency of aproceeding to rescind or challenge an acknowledgment of paternity or denial ofpaternity, the court may not suspend the legal responsibilities of a signatoryarising from the acknowledgment, including the duty to pay child support.
(d) A proceeding to rescind or to challenge an acknowledgmentof paternity or denial of paternity shall be conducted in the same manner as aproceeding to adjudicate parentage under article 8 of this act.
(e) At the conclusion of a proceeding to rescind or challengean acknowledgment of paternity or denial of paternity, the court shall orderthe state office of vital records to amend the birth record of the child, ifappropriate.
14-2-610. Ratification barred.
A court or administrative agencyconducting a judicial or administrative proceeding is not required or permittedto ratify an unchallenged acknowledgment of paternity.
14-2-611. Full faith and credit.
A court of this state shall give fullfaith and credit to an acknowledgment of paternity or denial of paternityeffective in another state if the acknowledgment or denial has been signed andis otherwise in compliance with the law of the other state.
14-2-612. Forms for acknowledgment and denial of paternity.
(a) To facilitate compliance with this article, the stateoffice of vital records shall prescribe forms for the acknowledgment ofpaternity and the denial of paternity.
(b) A valid acknowledgment of paternity or denial of paternityis not affected by a later modification of the prescribed form.
(c) Every hospital or birthing center located in the stateshall provide to any person who holds himself out to be the natural parent of achild born in the state an affidavit of paternity pursuant to this act. Thefacility providing the affidavit shall forward the completed affidavit to thestate office of vital records. Upon request, the state office of vital recordsshall provide blank affidavits of paternity to any facility making the requestunder this subsection.
14-2-613. Release of information.
The state office of vital records mayrelease information relating to the acknowledgment of paternity or denial ofpaternity to a signatory of the acknowledgment or denial, to courts and to theTitle IV-D agency of this or another state.
14-2-614. Adoption of rules.
The state office of vital records mayadopt rules to implement this article.
ARTICLE 7 - GENETIC TESTING
14-2-701. Scope of article.
(a) This article governs genetic testing of an individual todetermine parentage, whether the individual:
(i) Voluntarily submits to testing; or
(ii) Is tested pursuant to an order of the court or a childsupport enforcement agency.
14-2-702. Order for testing.
(a) Except as otherwise provided in this article and article 8of this act, the court shall order the child and other designated individualsto submit to genetic testing if the request for testing is supported by thesworn statement of a party to the proceeding:
(i) Alleging paternity and stating facts establishing areasonable probability of the requisite sexual contact between the individuals;or
(ii) Denying paternity and stating facts establishing apossibility that sexual contact between the individuals, if any, did not resultin the conception of the child.
(b) A child support enforcement agency may order genetictesting only if there is no presumed, acknowledged or adjudicated father.
(c) If a request for genetic testing of a child is made beforebirth, the court or child support enforcement agency may not order in-uterotesting.
(d) If two (2) or more men are subject to court-ordered genetictesting, the testing may be ordered concurrently or sequentially.
14-2-703. Requirements for genetic testing.
(a) Genetic testing shall be of a type reasonably relied uponby experts in the field of genetic testing and performed in a testinglaboratory accredited by:
(i) The American Association of Blood Banks, or a successor toits functions;
(ii) The American Society for Histocompatibility andImmunogenetics, or a successor to its functions; or
(iii) An accrediting body designated by the United Statessecretary 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 notrequired to be of the same kind for each individual undergoing genetic testing.
(c) Based on the ethnic or racial group of an individual, thetesting laboratory shall determine the databases from which to selectfrequencies for use in calculation of the probability of paternity. If there isdisagreement as to the testing laboratory's choice, the following rules apply:
(i) The individual objecting may require the testinglaboratory, within thirty (30) days after receipt of the report of the test, torecalculate the probability of paternity using an ethnic or racial groupdifferent from that used by the laboratory.
(ii) The individual objecting to the testing laboratory'sinitial choice shall:
(A) If the frequencies are not available to the testinglaboratory for the ethnic or racial group requested, provide the requestedfrequencies compiled in a manner recognized by accrediting bodies; or
(B) Engage another testing laboratory to perform thecalculations.
(iii) The testing laboratory may use its own statistical estimateif there is a question regarding which ethnic or racial group is appropriate.If available, the testing laboratory shall calculate the frequencies usingstatistics for any other ethnic or racial group requested.
(d) If, after recalculation using a different ethnic or racialgroup, genetic testing does not rebuttably identify a man as the father of achild under W.S. 14-2-605, an individual who has been tested may be required tosubmit to additional genetic testing.
14-2-704. Report of genetic testing.
(a) A report of genetic testing shall be in a record and signedunder penalty of perjury by a designee of the testing laboratory. A report madeunder the requirements of this article is self-authenticating.
(b) Documentation from the testing laboratory of the followinginformation is sufficient to establish a reliable chain of custody that allowsthe results of genetic testing to be admissible without testimony:
(i) The names and photographs of the individuals whosespecimens 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 inthe testing laboratory; and
(v) The dates the specimens were received.
14-2-705. Genetic testing results; rebuttal.
(a) Under this act, a man is rebuttably identified as thefather of a child if the genetic testing complies with this article and theresults 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), ascalculated by using the combined paternity index obtained in the testing; and
(ii) A combined paternity index of at least one hundred (100) toone (1).
(b) A man identified under subsection (a) of this section asthe father of the child may rebut the genetic testing results only by othergenetic 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 thanone (1) man is identified by genetic testing as the possible father of thechild, the court shall order them to submit to further genetic testing toidentify the genetic father.
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 inwhich 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 supportenforcement agency, the agency may seek reimbursement from a man who isrebuttably identified as the father.
14-2-707. Additional genetic testing.
The court or the child support enforcementagency shall order additional genetic testing upon the request of a party whocontests the result of the original testing. If the previous genetic testingidentified a man as the father of the child under W.S. 14-2-705, the court oragency may not order additional testing unless the party provides advancepayment for the testing.
14-2-708. Deceased individual.
For good cause shown, the court may ordergenetic testing of a deceased individual.
14-2-709. Identical brothers.
(a) The court may order genetic testing of a brother of a manidentified as the father of a child if the man is commonly believed to have anidentical brother and evidence suggests that the brother may be the geneticfather of the child.
(b) If each brother satisfies the requirements as theidentified father of the child under W.S. 14-2-705 without consideration ofanother identical brother being identified as the father of the child, the courtmay rely on nongenetic evidence to adjudicate which brother is the father ofthe child.
14-2-710. Confidentiality of genetic testing.
(a) In all cases where paternity testing is undertaken, allgenetic information, including genetic material and test results, shall bemaintained only as long as an accreditation body specified in W.S. 14-2-703requires such materials to be maintained for accreditation purposes.Thereafter, all materials shall be destroyed or returned to the individual fromwhom the information was obtained.
(b) No testing shall be conducted on any identifiable geneticmaterial for purposes other than paternity determination without the writtenconsent of the individual from whom the genetic material is obtained.
(c) All information obtained from identifiable genetic materialsubmitted or used for determination of paternity shall be confidential and usedsolely for the purposes of determining paternity, unless individual identifiersare removed from the data used for purposes other than establishing paternity.
(d) For purposes of this section, "geneticinformation" means any information about genes, gene products or inheritedcharacteristics 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 orincreased sensitivity to any substance;
(iii) Derived from laboratory tests that identify mutations inspecific genes or chromosomes, physical medical examinations, family histories,requests for genetic services or counseling, tests of gene products and directanalysis of genes or chromosomes.
(e) Release of any information obtained in paternity testingwithout the written consent of the individual from whom the genetic material isobtained to anyone not directly involved in the paternity determination shallbe a misdemeanor and upon conviction shall be punishable by a fine of not morethan 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 identifiablespecimen of another individual for any purpose other than that relevant to theproceeding regarding parentage without a court order or the written permissionof the individual who furnished the specimen commits a misdemeanor and uponconviction 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 andimprisonment.
ARTICLE 8 - PROCEEDING TO ADJUDICATE PARENTAGE
14-2-801. Proceeding authorized.
A civil proceeding may be maintained toadjudicate the parentage of a child. The proceeding i