Title 14, Title 14 — Children

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.

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

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.

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 A…

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 …

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 p…

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 th…

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.…

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

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 sa…

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 mai…

(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…

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.

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 ch…

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.

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, o…

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 pre…

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 chi…

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 r…

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…

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 t…

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 sep…

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; …

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…

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 withi…

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…

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…

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…

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 t…

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

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 re…

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.

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…

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…

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 partie…

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).

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

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.

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 r…

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…

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 occ…

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…

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

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 c…

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 assista…

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…

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 …

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 int…

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.

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.