Parental rights-repealing conflicting statute.

23LSO-0366
2023
STATE OF WYOMING
23LSO-0366
Numbered
2.0

SENATE FILE NO. SF0161

Parental rights-repealing conflicting statute.

Sponsored by: Senator(s) Biteman and Representative(s) Jennings

A BILL

for

AN ACT relating to domestic relations; providing findings; repealing a statute authorizing the establishment of grandparents' visitation rights; making conforming amendments; specifying applicability; and providing for an effective date.

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

Section 1.

(a)

The legislature finds that:

(i)

In 2017, the legislature enacted W.S. 14
‑
2
‑
206, which provides that the liberty of a parent to the care, custody and control of a parent's child is a fundamental right residing first in the parent;

(ii)

Both before and after the enactment of that statute, the legislature has always intended to protect the fundamental right of fit parents;

(iii)

In recent years, Wyoming courts have not consistently applied W.S. 14-2-206 with W.S. 20-2-701, which authorizes grandparent visitation. Courts have authorized grandparent visitation in cases where fit parents have resisted grandparent visitation, leading to situations where the fundamental rights and decisions of parents have given way to visitation requests by grandparents;

(iv)

W.S. 14-2-206 provides that the state, or any agency of the state, shall not infringe a parent's fundamental right without first demonstrating that the governmental interest as applied to the parent is a compelling state interest addressed by the least restrictive means;

(v)

This act is intended to remove any ambiguity or conflict between the fundamental right of fit parents and the right of grandparents to have visitation over the objection of fit parents.

Section 2
.

W.S. 1
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22
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104(c)(v) and 1
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22
‑
107(c) are amended to read:

1
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22
‑
104.

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

(c)

The following documents shall be filed with every petition to adopt a child:

(v)

An affidavit stating the name or names of persons awarded visitation rights to the child under W.S.
20
‑
7
‑
101 or
20
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7
‑
102 or an affidavit stating that no visitation rights under W.S.
20
‑
7
‑
101 or
20
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7
‑
102 have been awarded in regard to the child;

1
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22
‑
107.

Service of petition and order; when service by publication permitted; exception.

(c)

Prior to the hearing a copy of the petition to adopt a child and an order to show cause shall be served on any persons awarded visitation rights to the child under W.S.
20
‑
7
‑
101 or
20
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7
‑
102.

The consent of persons awarded visitation rights to the adoption is not required. However, the court may exercise its discretion to allow those persons an opportunity to be heard if the court finds it to be in the best interest and welfare of the child.

Section 3.

W.S. 20
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7
‑
101 is repealed.

Section 4.

Nothing in this act shall be construed to affect visitation rights granted to grandparents before the effective date of this act.

Section 5
.

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)

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SF0161