Codification of marital rights.

2018
STATE OF WYOMING
18LSO-0428
Numbered
1.2

HOUSE BILL

NO.
HB0190

Codification of marital rights.

Sponsored by:
Representative(s) Connolly, Brown, Freeman, Pelkey, Sweeney and Zwonitzer and Senator(s) Burns, Rothfuss and Von Flatern

A BILL

for

AN ACT relating to marital rights; amending statutory language to reflect United States supreme court precedent concerning same-sex marriages and the rights of same-sex married couples; codifying rights of parties legally authorized to marry in Wyoming; providing for parentage determinations for all marital couples; providing definitions; providing for a review of rules and regulations potentially impacted by this act; and providing for an effective date.

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

Section 1
.

W.S. 2
‑
4
‑
106, 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
‑
403(d),
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
‑
504(b) and by creating a new subsection (c), 14
‑
2
‑
802(a)(ii), 14
‑
2
‑
803(a)(i), 14
‑
2
‑
808(b)(vii), 14
‑
2
‑
809(b), 14
‑
2
‑
816(a)(vi), 14
‑
2
‑
818, 14
‑
2
‑
822(a), 14
‑
2
‑
823(c)(i), (ii), (f)(iii), (g)(intro), (ii), (iv), (vi), (vii), (ix), (j)(iii)
,
(v) and (m), 14
‑
2
‑
904, 14
‑
2
‑
905(a) and (b), 14
‑
3
‑
402(a)(xiii), 14
‑
6
‑
201(a)(xvii), 14
‑
6
‑
402(a)(xiv), 20
‑
1
‑
101, 20
‑
1
‑
106(b), 20
‑
2
‑
102,
20
‑
2
‑
201(a)(intro),
20
‑
3
‑
104,
20
‑
4
‑
166(j),
20
‑
4
‑
170(b)(vii), 20
‑
5
‑
410(d), 35
‑
1
‑
410(c)(iii), 3
5
‑
1
‑
411(a) and (c)

and
35
‑
1
‑
422(a)
are amended to read:

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.

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 of the Wyoming statutes
;

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 of the Wyoming statutes
;

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
‑
403
.

Scope of act; choice of law.

(d)

This act does not authorize or prohibit an agreement between a
woman and a man
person or couple
and another woman in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the
man and the other woman
person or couple
become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under Wyoming law, the parent
‑
child relationship is determined as provided in article 4 of this act.

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 in writing to assisted reproduction by her spouse
or a surrogate
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
in writing
to assisted reproduction by his
wife
spouse or a surrogate
under article 9 of this act which resulted in the birth of the child.

(c)

Unless otherwise established in this article or through proceedings to adjudicate parentage, the parents named on a child's birth certificate are established to be the parents of a child.

14
‑
2
‑
504
.

Presumption of parentage in context of marriage.

(b)

A presumption of paternity
or p
arentage
established under this section may be rebutted only by an adjudication under article 8 of this act.

(c)

A spouse is presumed to be the parent of a child if the spouses are married to each other and the child is born to the other spouse during the marriage.

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
‑
808
.

Authority to deny motion for genetic testing.

(b)

In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

(vii)

The nature of the relationship between the child and any alleged father
or other parent
;

14
‑
2
‑
809
.

Limitation; child having acknowledged or adjudicated parent.

(b)

If a child has an acknowledged
father
parent
or an adjudicated
father
parent
, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of
paternity
parentage
of the child shall commence a proceeding not later than two (2) years after the effective date of the acknowledgment or adjudication.

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
‑
818
.

Jury prohibited.

The court, without a jury, shall adjudicate
paternity
parentage
of a 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
a parent
is
the
a
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
(1)
parent to the other
unless
paternity
parentage
is specifically disclaimed in the order.

(f)

A petition for disestablishment of paternity shall be filed:

(iii)

In the case of an adjudication issued by a court of this state, the petition shall be filed only by
the
a
mother of the child, the adjudicated
father
parent
of the child, the child, if the child was a party to the adjudication, or the legal representative of any of these parties. A petition filed by an individual who is not a party to the adjudication shall be filed pursuant to W.S. 14
‑
2
‑
809. The petition under this paragraph shall be filed
no later than two (2) years after the petitioner knew or should have known that the paternity of the child was at issue.

(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
parent
or the chance of other harm to the child.

(j)

The court may grant relief on the petition filed in accordance with this section upon a finding by the court of all of the following:

(iii)

The adjudicated
father
parent
has not adopted the child;

(v)

The adjudicated
father
parent
did not act to prevent the biological father of the child from asserting his paternal rights with respect 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:

(i)

That the disestablishment of
paternity
the adjudicated parentage
is in the best interests of the child pursuant to the factors in this section;

(ii)

That the adjudicated
father
parent
is not
the
a
biological
father
parent
of the child;

(iii)

That the adjudicated
father's
parent's
parental rights and responsibilities are terminated as of the date of the filing of the order;

(iv)

That the birth records agency shall amend the child's birth certificate by removing the adjudicated
father's
parent's
name, if it appears thereon, and issue a new birth certificate for the child;

(v)

That the adjudicated
father
parent
is relieved of any and all future support obligations owed on behalf of the child from the date that the order
determining that the established
father
parent
is not
the
a
biological
father
parent
is filed;

(vi)

That any unpaid support due
prior to
before
the date the order determining that the adjudicated
father
parent
is not
the
a
biological
father
parent
is filed, is due and owing;

(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
‑
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
Any of the following has occurred:

(A)

A
husband did not provide sperm for
, or before or after the birth of the child consent to,

assisted reproduction by

his wife

the spouse or a surrogate
;

(B)

A wife did not provide the egg for assisted reproduction by the spouse or a surrogate;

(C)

Before or after the birth of the child a spouse did not consent to assisted reproduction by the other spouse or a surrogate.

(ii)

The
husband and the mother of the child
married couple
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
‑
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 or a
man presumed to be the father under W.S. 14
‑
2
‑
504
person established as the parent under title 14, chapter 2, article
5 of the Wyoming statutes
;

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 or a
man presumed to be the father under W.S. 14
‑
2
‑
504
person established as the parent under title 14, chapter 2, article
5 of the Wyoming statutes
;

14
‑
6
‑
402
.

Definitions.

(a)

As used in this act:

(xiv)

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

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
‑
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
‑
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
‑
2
‑
201
.

Disposition and maintenance of children in decree or order; access to records.

(a)

In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity
or p
arentage
pursuant to W.S. 14
‑
2
‑
401 through 14
‑
2
‑
907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

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
a married couple
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
parent and child

a parent-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
parent and child
a parent-child
relationship
may not be invoked in a proceeding under this article.

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 father or parent 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:

(i)

Paternity
or parentage
has been determined otherwise by a court of competent jurisdiction; or

(ii)

The
husband
other parent
signs an affidavit denying that he
or she
is
the father
a parent of the child
and the mother and the person to be named as the father sign an affidavit of paternity 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 shall be entered as the father on the certificate of birth.

(c)

In any case in which paternity
or p
arentage
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.

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
.

Section 2
.

Any board, commission, agency or authority of the state of Wyoming affected by the statutes amended by
this act shall review its rules for consistency with this act.

Section
3
.

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
HB0190