Adult Adoption in Wyoming: Procedures, Costs, and Inheritance Implications
Adopting an adult over 18 in Wyoming requires only the written consent of the petitioner, their spouse, and the adoptee-with no home study or biological parent notice required. Under Wyo. Stat. Ann. § 1-22-113, the process costs ~$150 in District Court filing fees and completes in 30 to 60 days.
Whether a devoted stepparent in Cheyenne wants to formalize a lifelong bond with a 22-year-old stepchild, or a foster family in Casper wishes to provide permanent legal security to a young adult who recently aged out of the state care system, adoption does not end at age eighteen. In fact, once an individual reaches the age of majority, the complex administrative hurdles of minor adoption-such as invasive home inspections, background checks, and contested parental rights terminations-completely disappear.
Completing an adult adoption in Wyoming is a remarkably straightforward, joyful legal procedure governed by Wyo. Stat. Ann. § 1-22-113. With only the mutual consent of the adopting parent and the adult adoptee, a Wyoming District Court can establish a permanent parent-child relationship that carries full statutory inheritance rights, next-of-kin medical decision-making authority, and an amended birth certificate. Below is everything you need to know about the procedure, costs, and estate planning consequences across Wyoming.
Common Reasons for Adult Adoption in Wyoming
Under Wyo. Stat. Ann. § 14-1-101, the age of majority in Wyoming is 18 years old. However, under Wyo. Stat. Ann. § 1-22-102(b), adult adoption is strictly limited to individuals who have an established familial or caregiving relationship: the adopting parent must be a stepparent, grandparent or other blood relative, foster parent, or legal guardian who actively participated in raising the person during childhood. Families across Laramie, Natrona, and Campbell counties typically use this process in three primary scenarios:
- Stepparents Formalizing a Lifelong Bond: Many families delay stepparent adoption during childhood because a non-custodial biological parent refuses to consent or cannot be easily located for service of process. The moment the stepchild turns 18, the biological parent's consent or notification is no longer legally required under Wyo. Stat. Ann. § 1-22-113.
- Adopting a Former Foster Youth Who "Aged Out": Young adults transitioning out of the care of the Wyoming Department of Family Services, Cheyenne after turning 18 or 21 often seek permanent family connections, legal next-of-kin status for emergencies, and generational stability.
- Caregiver Adoptions for Adults With Severe Disabilities: Longtime caregivers or relatives caring for an adult with a developmental disability or incapacitated condition may use adult adoption alongside guardianship proceedings under Wyo. Stat. Ann. § 3-2-101 to ensure seamless inheritance rights and ongoing family care.
Adult Adoption vs. Minor Adoption in Wyoming
The procedural differences between adopting a minor under Wyo. Stat. Ann. § 1-22-104 and adopting an adult under Wyo. Stat. Ann. § 1-22-113 save families thousands of dollars and months of waiting:
| Legal Requirement | Minor Adoption (Under Age 18) | Adult Adoption (Age 18 and Older) |
|---|---|---|
| Biological Parent Consent / Notice | Mandatory under Wyo. Stat. Ann. § 1-22-109 unless rights are terminated for abandonment or unfitness. | Not Required. Biological parents do not need to consent or even be notified of the hearing. |
| Home Study & Background Checks | Mandatory investigation by Wyoming Department of Family Services, Casper or private agency. | Not Required. No social worker visits, fingerprint checks, or medical and genetic history reports under Wyo. Stat. Ann. § 1-22-116 needed. |
| 6-Month Residency in Home | Child must live in the adoptive home for 6 months prior to final decree (Wyo. Stat. Ann. § 1-22-111). | Not Required. The court can enter the final decree immediately at the initial hearing. |
Step-by-Step Process for Adult Adoption in Wyoming
Whether you file in the Laramie County District Court, Cheyenne, the Natrona County District Court, Casper, the Albany County District Court, Laramie, or the Campbell County District Court, Gillette, the legal workflow consists of four clear steps:
Step 1: Verify Residency and Draft the Petition and Consents
Under Wyo. Stat. Ann. § 1-22-103, the adopting parent must be an adult resident of Wyoming. Your attorney drafts a verified Petition for Adoption of an Adult, accompanied by the signed, notarized Consent of the Adult Adoptee. If the adopting petitioner is married (and is not the stepparent spouse of the adoptee's biological parent), the petitioner's spouse must also join in the petition or provide written consent. If the adult adoptee has a severe cognitive disability and cannot provide informed legal consent, their court-appointed legal guardian may petition the court for authorization to consent on their behalf.
Step 2: File in the Confidential Adoption Docket at District Court
Submit the original signed petition, the adoptee's consent, and a proposed Decree of Adoption to the Clerk of the District Court in the county where either the adopting parent or the adult adoptee resides. Under Wyo. Stat. Ann. § 1-22-104(d), all adoption filings in Wyoming are strictly confidential; the clerk seals the file in a separate confidential adoption book that is closed to public inspection without a court order.
Step 3: Attend the Brief In-Chambers Hearing
Because no biological parent needs to be served and no home study investigation is ordered under Wyo. Stat. Ann. § 1-22-113, the court clerk schedules a brief, private hearing before the District Court Judge-usually taking no more than 10 to 15 minutes in the judge's chambers or a closed courtroom. The judge simply verifies that both adults are acting voluntarily, confirms that the adoption is not being used to commit creditor fraud or evade legal obligations, and signs the final Decree of Adoption.
Step 4: Obtain an Amended Birth Certificate
If the adult adoptee wishes to take the adopting parent's last name or update the parent names listed on their vital records, the court clerk certifies Form 1b, Wyoming, Department of Health, Report of Adoption. You then submit this report along with the required fee to Wyoming Department of Health, Vital Statistics Services, Cheyenne (or the vital records office in the state where the adoptee was born) to issue a new birth certificate listing the adoptive parent(s) and the adoptee's new legal surname.
Legal Impact on Biological Family Inheritance in Wyoming
Understanding how an adult adoption reshapes estate and probate law is critical before signing the petition. Under Wyo. Stat. Ann. § 1-22-114 and the Wyoming Probate Code at Wyo. Stat. Ann. § 2-4-107, an adopted individual-whether adopted as an infant or an adult-becomes the legal child of the adopting parent for all purposes of intestate succession (inheriting when someone dies without a will).
As the Wyoming Supreme Court confirmed in In re Estate of Kirkpatrick, 77 P.3d 404 (WY Supreme Court 2003), adoption creates a complete statutory substitution of familial inheritance lines:
- Inheritance From the Adoptive Family: The adult adoptee gains full statutory rights to inherit from and through their new adoptive parent(s) on the exact same footing as a biological child.
- Severance of Biological Inheritance Rights: Upon entry of the final decree under Wyo. Stat. Ann. § 1-22-114(a), the former biological parent and their kindred are relieved of all parental duties and deprived of all rights over the adoptee. Crucially, the adoptee loses the automatic right to inherit through intestate succession from the severed biological parent.
- The Stepparent Exception: Under Wyo. Stat. Ann. § 2-4-107(a)(i), if a person is adopted by the spouse of a biological parent (a stepparent adoption), it does not sever the legal relationship or inheritance rights between the adoptee and that custodial biological parent.
- Preserving Biological Inheritance via a Will: While automatic intestate inheritance from the replaced biological parent ends, a biological parent or grandparent can still leave assets to the adopted adult by explicitly naming them by full name in a Last Will and Testament or Living Trust.
How Much Does an Adult Adoption Cost in Wyoming?
Because there are no social worker home studies, agency fees, or contested termination trials, adult adoption is one of the most affordable family law procedures in Wyoming:
- District Court Filing Fee: $150 to $160 depending on the county clerk's statutory fee schedule under Wyo. Stat. Ann. § 5-3-206.
- Amended Birth Certificate Fee: $55 payable to Wyoming Department of Health, Vital Statistics Services, Cheyenne to process Form 1b, Wyoming, Department of Health, Report of Adoption and issue a certified copy of the new birth certificate.
- Notary Fees: $5 to $10 per signature (if consents are notarized outside the courthouse).
- Adoption Attorney Fees: $750 to $2,000 for drafting the verified petition, consents, decree, and representing your family at the final District Court hearing.
How Long Does the Process Take?
In Wyoming, an uncontested adult adoption takes approximately 30 to 60 days from start to finish. Because Wyo. Stat. Ann. § 1-22-113 waives the six-month post-placement waiting period and background investigations required for minor children, your timeline depends entirely on how quickly your local District Court judge's calendar can accommodate a 15-minute final hearing. Once the judge signs the Decree of Adoption, it takes an additional 2 to 4 weeks for Wyoming Department of Health, Vital Statistics Services, Cheyenne to process the amended birth certificate.
Find a Wyoming Adoption Lawyer Today
Even though adult adoptions are uncontested, Wyoming does not publish standardized fill-in-the-blank court forms for adult adoption, meaning petitions and decrees must be custom-drafted to comply with Wyo. Stat. Ann. § 1-22-113 and Wyo. Stat. Ann. § 1-22-114. You can easily find and hire a local Wyoming family law and adoption lawyer through our directory on this website to ensure your paperwork is drafted accurately and your family's inheritance rights are fully protected.
Frequently Asked Questions (FAQ)
Do we have to notify the adult adoptee's biological parents in Wyoming?
No. Under Wyo. Stat. Ann. § 1-22-113, when the person to be adopted is 18 years of age or older, only the consent of the adult adoptee, the adopting parent, and the adopting parent's spouse is required. Biological parents do not need to consent or receive notice of the court proceeding.
Does an adult adoptee have to change their last name during a Wyoming adult adoption?
No. Changing the adoptee's surname is completely optional. In the Petition for Adoption and the proposed Decree of Adoption, the adoptee can request to take the adopting parent's last name, hyphenate their surname, or keep their current legal name unchanged.
Can I adopt an adult who is older than me or who is my spouse?
No. Under Wyo. Stat. Ann. § 1-22-102(b), Wyoming law prohibits adopting unrelated adults, spouses, or domestic partners. Adult adoption is legally permitted only when the petitioner is a stepparent, grandparent or blood relative, foster parent, or former guardian who sustained a parent-child relationship with the adoptee during childhood. Petitions involving spouses or unrelated adults are contrary to public policy and will be rejected by the court.
Can an adult adoption be undone or revoked later in Wyoming?
Generally, no. Once a final Decree of Adoption is entered under Wyo. Stat. Ann. § 1-22-114, it creates a permanent legal parent-child relationship just like a biological birth. It cannot be "divorced" or annulled simply because the parties have a falling out later in life, unless a party proves within the statutory time limit that the decree was procured by actual fraud or duress, or the adult adoptee is subsequently adopted by someone else.
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