In the Matter of the Guardianship of Mkh, Minor Child. Brenda Clark v. Aaron Huffer, 2016 WY 103

In March 2005 Brenda Clark (grandmother) petitioned to be guardian of her unborn granddaughter (Baby H), asking that the guardianship take effect at birth; both parents consented.
On March 2, 2005 the district court entered an Order Appointing Guardian that became effective immediately (before birth). A supplemental order with guardian duties was also entered.
Baby H was born in 2005 as MKH. In May 2006 the court entered an Order Extending Guardianship with detailed new findings and extended appointment of Clark as guardian.
Father later sought to vacate the 2005 order as void because the child was unborn when the order took effect; in 2015 he moved to dismiss for lack of subject matter jurisdiction.
The district court declared the 2005 order void for lack of subject matter jurisdiction and held the 2006 order could not ratify a void 2005 order; Clark timely appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1) May a Wyoming court appoint a guardian for an unborn child?	Clark: guardianship petition was appropriate and court could act to ensure guardian on birth.	Father: statutes define “minor” and do not include unborn children, so appointment before birth is unauthorized.	Held: Statutes do not include unborn children in definition of “minor”; a court may not appoint a guardian for an unborn child.
2) If the 2005 pre-birth order was unauthorized, is the 2005 order void for lack of subject-matter jurisdiction, and does the 2006 order survive?	Clark: even if 2005 erroneous, 2006 order ratified or in any event constituted a valid subsequent appointment.	Father: 2005 order was void ab initio for lack of jurisdiction and 2006 cannot cure or ratify a void order.	Held: The court had subject-matter jurisdiction to adjudicate the petition (the error was in effective date only), so the 2005 error was not a jurisdictional defect rendering the judgment void; the 2006 order is a valid, new guardianship order and remains in effect.

Linch v. Linch, 361 P.3d 308 (Wyo. 2015) (distinguishes void judgments from erroneous exercise of jurisdiction; Rule 60(b)(4) review)
Velasquez v. Chamberlain, 209 P.3d 888 (Wyo. 2009) (explains ratification as an agency concept)
United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (U.S. 2010) (standard on when a judgment is void for lack of jurisdiction)
Nemaizer v. Baker, 793 F.2d 58 (2d Cir. 1986) (judgment void only where there is no arguable basis for jurisdiction)
Kansas City S. Ry. Co. v. Great Lakes Carbon Corp., 624 F.2d 822 (8th Cir. 1980) (policy balance between jurisdictional limits and finality of judgments)
In re Guardianship of MEO, 138 P.3d 1145 (Wyo. 2006) (guardianship matters are governed exclusively by statute)