Statutory gender references.

2017
STATE OF WYOMING
17LSO-0315
Introduced
1.6

HOUSE BILL

NO.

HB0212

Statutory gender references.

Sponsored by:
Representative(s) Connolly and Zwonitzer and Senator(s) Case

A BILL

for

AN ACT relating to statutory gender designations; amending archaic language; codifying rights of parties legally authorized to marry in Wyoming; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 1
‑
6
‑
108, 1
‑
12
‑
104, 1
‑
20
‑
107, 1
‑
22
‑
104(b), 2
‑
3
‑
135, 2
‑
4
‑
106, 2
‑
6
‑
118, 2
‑
7
‑
501(a), 2
‑
7
‑
502, 4
‑
10
‑
402(
c)(intro),
(i) and (d)
,
8
‑
1
‑
102(a) by creating a new paragraph (xvii),

14
‑
1
‑
201(a)(iii),
14
‑
2
‑
308(a)(vii),

14
‑
2
‑
402(a)(viii)(A)
and (xiii)
, 14
‑
2
‑
501(a)
(intro),
(ii), (iii),
by creating a new paragraph (iv)
, (b)(intro)
,

(v)
and by creating a new subsection (c)
, 14
‑
2
‑
802(a)(ii), 14
‑
2
‑
803(a)(
i
),

14
‑
2
‑
816(a)(vi),
14
‑
2
‑
822(a),
14
‑
2
‑
823(c)(
i
)
,
(ii), (g)
(intro),
(ii),

(iv), (vi),
(vii)
,
(ix)
,
(m)
(intro) and
(vii),
14
‑
2
‑
903,
14
‑
2
‑
904,
14
‑
2
‑
905(a) and (b),
14
‑
3
‑
210(a)(i),
14
‑
3
‑
402(a)(xiii),

14
‑
6
‑
201(a)(xvii), 14
‑
6
‑
402(a)(xiv),
15
‑
5
‑
206, 15
‑
5
‑
309(b), 15
‑
5
‑
312, 18
‑
5
‑
303(a)(x), 19
‑
14
‑
102(a), 20
‑
1
‑
101, 20
‑
1
‑
102(c), 20
‑
1
‑
106(b), 20
‑
1
‑
2
01, 20
‑
2
‑
101(d) and (e), 20
‑
2
‑
10
2, 20
‑
3
‑
103, 20
‑
3
‑
104, 20
‑
4
‑
166(j), 20
‑
4
‑
170(b)(vii), 20
‑
5
‑
410(d), 34
‑
1
‑
109, 34
‑
1
‑
110, 34
‑
1
‑
129, 34
‑
1
‑
142(c)(v), 34
‑
2
‑
121, 35
‑
1
‑
410(c)(iii), 35
‑
1
‑
411
(a)(intro), (ii) and (b) through (d)
, 35
‑
1
‑
422(a), 37
‑
9
‑
504 and 40
‑
14
‑
349 are amended to read:

1
‑
6
‑
108
.

Lis pendens; notice of pendency of action affecting real property or action between
spouses
.

In an action in a state court or in a United States district court affecting the title or right of possession of real property, or in an action between
husband and wife

spouses
, the plaintiff at the time of filing the complaint and the defendant at the time of filing
his

a
pleading when affirmative relief is claimed or at any time afterward, may file in the office of the county clerk in which the
property is situate a notice of pendency of the action containing the names of the parties, the object of the action or defense and a description of the property in that county affected thereby as provided by W.S. 1
‑
6
‑
107. From the time of filing the notice a subsequent purchaser or encumbrancer of the property shall have constructive notice of the pendency of the action.

1
‑
12
‑
104
.

Spouses
as witnesses in civil and criminal cases.

No husband or wife shall be a witness against the other
spouse

except in criminal proceedings for a crime committed by one against the other, or in a civil action or proceeding by one against the other. They may in all civil and criminal cases be witnesses for each other the same as though the marital relation did not exist.

1
‑
20
‑
107
.

Exemptions when head of family dies.

Whenever the head of a family dies, deserts, or ceases to reside with the family, the family is entitled to all the benefits and privileges conferred upon the head of a family
residing with the same, and the family, or any member thereof, may select the property claimed as exempt. Where the exempt property is the sole and separate property of the
wife

remaining spouse
, it is, to the same extent and for all purposes, exempt for the debts of the
wife
remaining spouse
.

1
‑
22
‑
104
.

Petition for adoption of minor; by whom filed; requisites; confidential nature; inspection; separate journal to be kept.

(b)

A petition may be filed by any single adult or jointly by a
husband and wife

married couple
who maintain their home together, or by
either the husband or wife
one
s
pouse

if the other spouse is a parent of the child.

2
‑
3
‑
135
.

Petition for revocation by prior claimant; prior right of surviving spouse.

When letters of administration have been granted to a child, father,
mother,

brother or sister of the intestate, the surviving spouse may assert his or her prior right and
obtain letters of administration and have the letters before granted revoked.

2
‑
4
‑
106
.

Divorce not to affect children's rights.

Divorces of
husband and wife
parents

do not affect the right of children to inherit
their

parents'

property.

2
‑
6
‑
118
.

Revocation by divorce or annulment; effect; revival; other changes excluded.

If after executing a will the testator is divorced or
his
the

marriage

is
annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to
survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse. A decree of separation which

does not terminate
the

status of husband and wife
a marriage

is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.

2
‑
7
‑
501
.

Right to homestead and support; "homestead" defined.

(a)

When a person dies leaving a spouse or minor children, the spouse or minor children are entitled to remain in possession of the homestead, all wearing apparel of the family, and all household furniture of the decedent until letters are granted and the inventory is returned. The
widow

surviving spouse
or minor children are also entitled to a reasonable provision for their support, to be allowed by the court.

2
‑
7
‑
502
.

Extra allowance for maintenance of family.

If the amount set apart is insufficient for the support of the
widow
surviving spouse

and children, or either, the court shall make such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the settlement of the estate.

4
‑
10
‑
402
.

Title of trust property.

(c)

Any property
of a husband and wife that is held by them

spouses hold
as tenants by the entireties pursuant to W.S. 34
‑
1
‑
140 and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, shall have the same immunity from the claims of their separate creditors as it would if it had remained held by the entireties, so long as:

(i)

They are both living and remain
as husband and wife

married
to each other
;

(d)

After the death of the first of the
husband and wife
spouses

to die, all property held in trust that was
immune from the claims of the decedent's separate creditors under subsection (c) of this section immediately prior to the decedent's death shall continue to have the same immunity from the claims of the decedent's separate creditors as would have existed if the
husband and wife
spouses

had continued to hold the property conveyed in trust, or its proceeds, as tenants by the entirety.

8
‑
1
‑
102
.

Definitions.

(a)

As used in the statutes unless the legislature clearly specifies a different meaning or interpretation or the context clearly requires a different meaning:

(xvii)

"Spouse" means a marriage partner, a husband or a wife.

14
‑
1
‑
201
.

Definitions.

(a)

As used in this article:

(iii)

"Parent" means the legal guardian or custodian of the minor, his natural parent,
or
if the minor
has been legally adopted, the adoptive parent
, a person adjudged the parent of the child in judicial proceedings or a person established as the parent under title 14, chapter 2, article 5
;

14
‑
2
‑
308
.

Definitions.

(a)

As used in this act:

(vii)

"Parent" means a natural parent
,

or
a parent by adoption
, a person adjudged the parent of the child in judicial proceedings or a person established as the parent under title 14, chapter 2, article 5
;

14
‑
2
‑
402
.

Definitions.

(a)

As used in this act:

(viii)

"Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include:

(A)

A husband who provides sperm, or a wife who provides eggs, to be used for
assisted reproduction
by the wife

within the marriage
;

(xiii)

"Parent
‑
child relationship" means the legal relationship between a child and a parent of the child. The term includes
the
a
mother
‑
child relationship and
the
a
father
‑
child relationship;

14
‑
2
‑
501
.

Establishment of parent
‑
child relationship.

(a)

The

A
mother
‑
child relationship is established between a woman and a child by:

(ii)

An adjudication of the woman's maternity;
or

(iii)

Adoption of the child by the woman
;
.

or

(iv)

The
woman's having consented to assisted reproduction by her
spouse
under article 9 of this act
,
which resulted in the birth of the child.

(b)

The

A
father
‑
child relationship is established between a man and a child by:

(v)

The man's having consented to assisted reproduction by his
wife
spouse or a surrogate

under article
8

9
of this act which resulted in the birth of the child.

(c)

Unless otherwise established in this
article
or via proceedings to adjudicate parentage
,
t
he parents
named
on

a
child's birth certificate
are
established
to be the parents of a child.

14
‑
2
‑
802
.

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:

(ii)

The

A
mother

or father
of the child;

14
‑
2
‑
803
.

Parties to proceeding.

(a)

The following individuals shall be joined as parties in a proceeding to adjudicate parentage:

(i)

The

A
mother
or father

of the child; and

14
‑
2
‑
816
.

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:

(vi)

The

A
mother of the child.

14
‑
2
‑
822
.

Order adjudicating parentage.

(a)

The court shall issue an order adjudicating whether a
man
person
alleged or claiming to be the
father
parent
is the parent of the child.

14
‑
2
‑
823
.

Binding effect of determination of parentage.

(c)

In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of W.S. 20
‑
4
‑
142, and the final order:

(i)

Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the
husband is the father
parties
are the parents

of the child; or

(
ii
)

Provides for support of the child by
the husband
one parent to the other

unless
paternity
parentage

is specifically disclaimed in the order.

(g)

The court shall appoint an attorney to represent the best interests of a child if the court finds that the best
interests of the child is
not adequately represented. In cases concerning an adjudication of
paternity
parentage

pursuant to subsection (c) of this section, the court shall appoint an attorney to represent the best interests of the child. In determining the best interests of the child, the court shall consider the following factors:

(ii)

The length of time during which the adjudicated
father
parent
has assumed the role of the
father
parent
of the child;

(iv)

The
nature of the relationship between the child and the adjudicated
father
parent
;

(vi)

The
harm that may result to the child if adjudicated
paternity
parentage
is successfully disproved;

(vii)

The nature of the relationship between the child and any alleged
father

parent
;

(ix)

Other factors that may affect the equities arising from the disruption of the
father

child
parent
‑
child

relationship between the child and the adjudicated father or the chance of other harm to the child.

(m)

If the court finds that the adjudication of
paternity
parentage

should be vacated, in accordance with
all of the conditions prescribed, the court shall enter an order which

provides all of the following:

(vii)

That the adjudicated
father
parent

has no right to reimbursement of past child support paid to
the mother

another parent
, the state of Wyoming or any other assignee of child support.

14
‑
2
‑
903
.

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
the
child, is the parent of the resulting child.

14
‑
2
‑
904
.

Consent to assisted reproduction.

(a)

Consent by a woman and a
man

person
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

intended parent
. This requirement shall not apply to a donor.

(b)

Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of
paternity
parentage

if the woman and the
man

intended parent
, during the first two (2) years of the child's life resided together in the same household with the child and openly held out the child as their own.

14
‑
2
‑
905
.

Limitation on spouse's dispute of parentage.

(a)

Except as otherwise provided in subsection (b) of this section, the
husband
spouse
of a wife who gives birth to a child by means of assisted reproduction may not challenge
his paternity
the parentage
of the child unless:

(i)

Within two (2) years after learning of the birth of the child
he
the spouse
commences a proceeding to adjudicate
his paternity
the parentage
; and

(ii)

The court finds that
he
the spouse
did not consent to the assisted reproduction, before or after birth of the child.

(b)

A proceeding to adjudicate
paternity
parentage
may be maintained at any time if the court determines that:

(i)

The husband did not provide sperm for,
or
the wife did not provide the egg for,
or before or after the birth of the child consent to, assisted reproduction by
his wife

the spouse or a surrogate
;

(ii)

The
husband and the mother of the child

spouses
have not cohabited since the probable time of assisted reproduction; and

(iii)

The
husband

spouse
never openly held out the child as
his
that spouse's

own.

14
‑
3
‑
210
.

Admissibility of evidence constituting privileged communications.

(a)

Evidence regarding a child in any judicial proceeding resulting from a report made pursuant to W.S. 14
‑
3
‑
201 through 14
‑
3
‑
215 shall not be excluded on the ground it constitutes a privileged communication:

(i)

Between
husband and wife

spouses
;

14
‑
3
‑
402
.

Definitions.

(a)

As used in this act:

(xiii)

"Parent" means either a natural or adoptive parent of the child, a person adjudged the parent of the child in judicial proceedings
man presumed to be the father under W.S. 14
‑
2
‑
504

or a
person established as the parent under title 14, chapter 2, article 5
;

14
‑
6
‑
201
.

Definitions; short title; statement of purpose and interpretation.

(a)

As used in this act:

(xvii)

"Parent" means either a natural or adoptive parent of the child, a person adjudged the parent of the child in judicial proceedings
man presumed to be the father under W.S. 14
‑
2
‑
504
or a
person established as the parent under title 14, chapter 2, article 5
;

14
‑
6
‑
402
.

Definitions.

(a)

As used in this act:

(xiv)

"Parent" means either a natural or adoptive parent of the chil
d, a person adjudged the parent of the child in judicial proceedings
man presumed to be the father under W.S. 14
‑
2
‑
504
or a
person established as the parent under title 14, chapter 2, article 5
;

15
‑
5
‑
206
.

Death benefits to dependent
parents
; amounts.

If any paid fireman dies, leaving no surviving spouse or children, but leaves
a

one (1) or both
surviving dependent
father or mother or both

parents
, the board shall pay to the
mother if there is no father, to the father if there is
no mother or to both

surviving dependent parent
, out of the firemen's pension account, a monthly amount equal to the pension the retired fireman was receiving if retired at the time of
his
death, or if in active service at the time of death, a monthly amount equal to the greater of the monthly benefit payable to the fireman under W.S. 15
‑
2
‑
204 at the time of
his
death or the monthly benefit payable under W.S. 15
‑
2
‑
204(a) for twenty (20) years of active service. If either
of

the surviving
mother or father

parents
dies after the payments have started, the board shall pay to the
remaining

surviving parent the full amount as computed under this section.

15
‑
5
‑
309
.

Death benefits; surviving spouse and children; amounts; length of payments; benefit adjustment.

(b)

If the police officer is retired and drawing
his

a
pension at the time of
his

the officer's

death, and leaves a
wife

surviving

spouse
, the board shall pay a monthly pension out of the fund to
his

the
surviving spouse equal to two
‑
thirds (2/3) of the pension the retired police officer was receiving at the time of
his

death. In addition, the board shall pay to the surviving spouse or
legal guardian sixty dollars ($60.00) per month out of the fund for the support and maintenance of each child of the deceased, retired officer who is under eighteen (18) years of age and was supported by
him

the officer
prior to
his
the officer's

death. The payments shall continue until the child becomes eighteen (18) years of age or marries.

15
‑
5
‑
312
.

Application for benefits; statement filed; determination; review.

If any
policeman

police officer
,
his

the officer's
surviving
wife

spouse
, dependent children or dependent parents are entitled to any pension or benefits under this article, the
policeman
police officer
, or in the event of
his

the officer's
death the dependent, shall apply for benefits or pension by filing a complete and concise statement of facts necessary to entitle the applicant to the benefits or pension. The application shall be filed with the board upon forms it provides. The board may investigate each application and determine whether benefits or pension should be granted. The board may also hear evidence as to the justice of the application, or require and receive affidavits as to the truth of the statements
made therein. If the application is refused, the matter may be reviewed by the district court of the county in which the applicant resides pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.

18
‑
5
‑
303
.

Exemptions from provisions.

(a)

Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this article, this article shall not apply to the following subdivisions of land however, the following subdivisions are subject to requirements which may be adopted by the board of county commissioners regarding documentation of the proper use and implementation of the following exemptions:

(x)

A division
which

that
is created by the acquisition of an interest in land in the name of the
husband and wife
spouses

or other persons in joint tenancy or as tenants in common, and the interest shall be deemed for purposes of this subsection as only one (1) interest;

19
‑
14
‑
102
.

Employment; preference in public departments or public works; qualifications and residence.

(a)

In every public department and upon all public works in Wyoming, members of the United States military establishment in any war or conflict as defined in section 101, title 38, United States Code, honorably discharged from service, and the
widows of members during widowhood

surviving spouses
who have not remarried
, shall be preferred for appointment or employment. Age or other physical impairment
which
that

does not in fact materially incapacitate shall not disqualify them from receiving preference if they possess the business capacity, competency, education or other qualifications for discharge of the duties required. If the disabilities do not materially interfere with performance of the duties, the disabled veterans or
widows
surviving spouses

shall be given preference over employment of able
‑
bodied veterans and
widows
surviving spouses
. A veteran or
widow
surviving spouse

who has not been a resident of the state of Wyoming for a period of one (1) year or more immediately preceding date for appointment or employment is not entitled to preference under this section and for municipal or county
employment, no preference shall be granted unless the applicant under this section is a resident of the municipality or county in which employment is sought.

CHAPTER 1
MARRIED PERSONS

20
‑
1
‑
101
.

Marriage a civil contract.

Marriage is a civil contract between
a male and a female person
two (2) persons

to which the consent of the parties capable of contracting is essential.

20
‑
1
‑
102
.

Minimum marriageable age; exception; parental consent.

(c)

When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of
the

a
father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.

20
‑
1
‑
106
.

Who may solemnize marriage; form of ceremony.

(b)

In the solemnization of marriage no particular form is required, except that the parties shall solemnly declare in the presence of the person performing the ceremony and at least two (2) attending witnesses that they take each other as
husband and wife

spouses
.

20
‑
1
‑
201
.

Separate estate of real and personal property; not subject to control of spouse; exceptions.

All property belonging to a married person as
his

separate property
which he
that the person
owns at the time of
his

marriage or
which

that
during marriage
he

the person
acquires in good faith from any person by descent or otherwise, together with all rents, issues, increase and profits thereof, is during marriage
his

that person's
sole and separate property under
his
the person's

sole control and may be held, owned, possessed and enjoyed by
him

the person
the same as though
he

the person
were single. Such property is not subject to the disposal, control or interference of
his

the person's
spouse and is exempt from
execution or attachment for the debts of
his

the person's
spouse if the property was not conveyed
to him

by
his

the person's
spouse in fraud of
his

either person's
creditors. The necessary expenses of the family and the education of the children are chargeable upon the property of both
husband and wife

spouses
, or either of them, for which they may be sued jointly or separately.

20
‑
2
‑
101
.

Void and voidable marriages defined; annulments.

(d)

An action to annul a marriage on the ground that one of the parties was under the age of legal consent provided by W.S. 20
‑
1
‑
102(
a) may be filed by the parent or guardian entitled to the custody of the minor. The marriage may not be annulled on the application of a party who was of the age of legal consent at the time of the marriage nor when it appears that the parties, after they had attained the age of consent, had freely cohabited as
man and wife

spouses
.

(e)

An action to annul a marriage on the grounds of mental incompetency may be commenced on behalf of a
mentally incompetent person by
his

the
person's
guardian or next friend. A mentally incompetent person restored to competency may maintain an action of annulment, but no decree may be granted if the parties freely cohabited as
husband and wife
spouses

after restoration of competency.

20
‑
2
‑
102
.

Petition by spouse for support.

When the
husband and wife
spouses
are living separately, or when they are living together but one (1) spouse does not support the other spouse or children within
his

the spouse's
means, and no proceeding for divorce is pending, the other spouse or the department of family services may institute a proceeding for support. No less

than five (5) days after notice is personally served upon the nonsupporting spouse, the court may hear the petition and grant such order concerning the support of the spouse or children as it might grant were it based on a proceeding for divorce. If the nonsupporting spouse cannot be personally served within this state but has property within the jurisdiction of the court, or debts owing to
him

the nonsupporting spouse
, the court may order such constructive service as appears sufficient and proper and may cause an
attachment of the property. Upon completion of constructive service the court may grant relief as if personal service was had.

20
‑
3
‑
103
.

Ordering of payments for support in lieu of penalty; violation of order; trial; sentence; forfeiture of recognizance; disposition of sum recovered.

If the court finds at any time during the period of probation the defendant has violated the terms of the order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her or enforce a suspended sentence under the original plea or conviction. In case of the forfeiture of recognizance, or enforcement thereof by execution, the sum recovered may be paid in whole or in part to the
wife

nondeserting spouse
or to the guardian, custodian or trustee of the minor child or children.

20
‑
3
‑
104
.

Proving marriage, parenthood; spouses as witnesses; disclosure of confidential communications; desertion, neglect or refusal to support.

No other or greater evidence is required to prove
the
a

marriage
of a husband and wife
or that the defendant is the father or mother of a child or children than is required to prove such facts in a civil action. In a prosecution under this act no statute or rule of law prohibiting the disclosure of confidential communications between
husband and wife
spouses

shall apply. Both
husband and wife
spouses
are competent witnesses to testify against each other to any relevant matters including the fact of marriage and the parentage of the child or children but neither shall be compelled to give evidence incriminating
himself
or herself. Proof of the desertion of the
wife

other spouse
, child or children in destitute or necessitous circumstances, or of the neglect or refusal to provide for the support and maintenance of the
wife

other spouse
, child or children is prima facie evidence that the desertion, neglect or refusal is willful.

20
‑
4
‑
166
.

Special rules of evidence and procedure.

(j)

The defense of immunity based on
the

a
marital
relationship
of husband and wife

or
a

parent
and
‑
child
relationship

does not apply in a proceeding under this act.

20
‑
4
‑
170
.

Establishment of support order.

(b)

The tribunal may issue a temporary child support order if the tribunal determines that the order is appropriate and the individual ordered to pay is:

(vii)

The

A
mother of the child; or

20
‑
5
‑
410
.

Hearing and order.

(d)

A privilege against disclosure of communications between spouses and a defense of immunity based on
the
a
marital

relationship
of husband and wife

or

a
parent
and
–
child

relationship
may not be invoked in a proceeding under this article.

34
‑
1
‑
109
.

R
ight to convey all interest in land divested from
spouse
; effect of conveyance.

In all cases where the interest of
the husband
one
(1)
spouse

in any tract or parcel of land has been, or shall be, divested by process of law, or by voluntary conveyance
or otherwise, the
wife
other spouse

may, by
her

separate deed, release and convey to the purchaser,
his

the purchaser's
heirs or grantees,
all her

that spouse'
s
interest in such tract or parcel of land, whether in possession or expectancy, in the same manner as though
she

th
at
spouse
were sole and unmarried
.
; and a

A
ny deed by
the wife

that
spouse
so executed and acknowledged, shall be a valid and sufficient bar in law and equity to any right or choice of dower, or other interest
which
she

that
spouse
may thereafter assert in such premises.

34
‑
1
‑
110
.

Married
persons
; conveyance by nonresident.

When any married
woman

person
, not residing in this state, shall join
her

husband
the person's
spouse

in any conveyance of real estate situated within this state, the conveyance shall have the same effect as if
she

the person
were sole, and the

acknowledgment of proof of the execution of such conveyance
by her,
may be the same as if
she

the person
were sole.

34
‑
1
‑
129
.

Spouses
may appoint each other as attorney
‑
in
‑
fact to control interests.

A
husband or wife
spouse

may constitute the other

spouse as
his or her attorney
‑
in
‑
fact to control or dispose of his or her property, or any inchoate or other interest therein and may revoke the same to the same extent and in the same manner as other persons.

34
‑
1
‑
142
.

Instrument transferring title to real property; procedure; exceptions; confidentiality.

(c)

This section does not apply to:

(v)

A transfer between
husband and wife

spouses
or parent and child with only nominal consideration therefor;

34
‑
2
‑
121
.

Conveyance and encumbrance of homesteads void unless spouse joins; exception.

Every owner or occupant of a homestead as established herein may voluntarily sell, mortgage, or otherwise dispose of or encumber the same; provided the instrument of writing conveying, mortgaging, disposing of or encumbering such
homestead shall contain in substance the following words: "Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state", and shall be freely and voluntarily signed and acknowledged by the owner and the spouse of the owner of said homestead. The foregoing provisions shall not be applicable to nor shall compliance therewith be required for full legal effectiveness of any conveyance of property directly from
husband to wife

one spouse to the other
.

35
‑
1
‑
410
.

Birth registration.

(c)

When a birth occurs outside an institution, the certificate shall be prepared and filed by one (1) of the following in the indicated order of priority:

(iii)

The father, the mother

Either
parent
, or in the absence
of the father and the

or
inability of
the mother

both parents
, the person in charge of the premises where the birth occurred.

35
‑
1
‑
411
.

Name of
parents
on birth certificate.

(a)

If the mother was married either at the time of conception or birth of child, or between conception and birth, the name of the
husband

spouse
shall be entered on the certificate as the
father
other parent

of the child, unless:

(ii)

The
husband
other parent

signs an affidavit denying that he

or she
is the
father

parent
and the mother and the person to be named as the
father
other parent

sign an affidavit of
paternity

parentage
under this section. Affidavits may be joint or individual or a combination
thereof,
and each signature shall be individually notarized. The name of the person signing the affidavit of
paternity

parentage
shall be entered as the
father
other parent

on the certificate of birth.

(b)

If the mother was not married either at the time of conception or birth of child, or between conception and birth, the name of the
father
other parent
shall not be entered on the certificate of birth without an affidavit of
paternity
parentage
signed by the mother and the person to be named as
father
the other parent
, unless a determination
of the
paternity
parentage
has been made by a court of competent jurisdiction.

(c)

In any case in which
paternity

parentage
of a child is determined by a court of competent jurisdiction, the name of the
father
parents

and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

(d)

If the
father
other parent

is not named on the certificate of birth, no other information about the
father
other parent

shall be entered on the certificate.

35
‑
1
‑
422
.

Marriage registration.

(a)

A record of each marriage performed in the state shall be filed with the state registrar of vital records as provided in this section. The officer who issues the marriage license shall prepare the certificate on the form furnished by the state registrar of vital records upon the basis of information obtained from the parties to be married, as provided by W.S. 20
‑
1
‑
103 and signed by the
bride and groom

parties to be married
.

37
‑
9
‑
504
.

Contracts restricting liability void.

Any contract, rule, or regulation or device whatsoever, the purpose or intent of which shall be to enable any such person or corporation, so operating such railroad to exempt itself from any liability created by this act shall, to that extent, be void. Nor shall any contract of insurance, relief, benefit or indemnity in case of injury or death, entered into prior to the injury, between the person so injured and such corporation, or any person or association acting for such corporation, nor shall the acceptance of any such insurance, relief, benefit, or indemnity by the person injured,
his widow

the person's
surviving spouse
, heirs, or legal representatives after the injury, from such corporation, person or association, constitute any bar or defense to any cause of action brought under the provisions of this act, but nothing herein contained shall be construed to prevent or invalidate any settlement for damages between the employer and the employees subsequent to injuries received.

40
‑
14
‑
349
.

Use of multiple agreements.

With respect to a supervised loan, no lender may permit any person, or
husband and wife

spouses
, to become obligated in any way under more than one (1) loan agreement with the lender or with a person related to the lender, with intent to obtain a higher rate of loan finance charge than would otherwise be permitted by the provisions on loan finance charge for supervised loans (W.S. 40
‑
14
‑
348) or to avoid disclosure of an annual percentage rate pursuant to the laws relating to disclosure and advertising. The excess amount of loan finance charge provided for in agreements in violation of this section is an excess charge for the purposes of the provisions on effect of violations on rights of parties (W.S. 40
‑
14
‑
521) and the provisions on civil actions by administrator (W.S. 40
‑
14
‑
613).

Section

2
.

This
act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.

(END)

1
HB0212