[¶1] TC and GC, husband and wife, are the former foster parents of L-MHB. The district court dismissed their petition to adopt L-MHB because it did not comply with the adoption statutes. We affirm.
ISSUES
[¶2] We rephrase the dispositive issues as:
1. Does the court lack jurisdiction over the adoption petition because:
A. Petitioners filed the adoption petition without the consents and relinquishments required by statute?
B. The child did not reside in the petitioners' home at the time they filed the petition for adoption?
2. Does the failure to comply with the adoption statutes warrant dismissal of an adoption petition for failure to state a claim because:
A. Petitioners filed the adoption petition without the consents and relinquishments required by statute?
B. The child did not reside in the petitioners' home at the time they filed the petition for adoption?
FACTS
[¶3] DFS filed a neglect petition against L-MHB's mother soon after L-MHB's birth, took legal custody of the child, and placed her with TC and GC, who remained her foster parents from April 18, 2014 to September 25, 2015. Almost a year after L-MHB had been removed from their home, TC and GC filed a petition in district court to adopt her. Of the five categories of documents which "shall be filed with every petition to adopt a child,"
[¶4] DFS filed an answer and motion to dismiss the petition. DFS argued that the district court could not grant the petition because DFS did not relinquish custody of L-MHB, L-MHB did not live with TC and GC when they filed the petition, and TC and GC did not file the required medical report for L-MHB. Soon after, the mother filed her answer to the petition. She asserted that she was willing to sign a consent to the adoption, but only if TC and GC were the "adoptive family." TC and GC argued that they only needed the mother's consent to the adoption because her parental rights had not been terminated, and thus, she retained the right to consent to the adoption pursuant to her residual parental rights under
[¶5] The district court granted DFS's motion to dismiss, agreeing with DFS that without its relinquishment TC and GC could not adopt L-MHB, and that TC and GC lacked standing because L-MHB did not reside with *564TC and GC when they filed their petition. Finally, the court agreed that the petition was not in "substantial compliance with the statute" because TC and GC failed to file a medical report for L-MHB with their petition. This appeal followed.
STANDARD OF REVIEW
[¶6] We review whether a court has jurisdiction over a case de novo. Essex Holding, LLC v. Basic Properties, Inc. ,
DISCUSSION
[¶7] DFS contends that the district court did not have subject matter jurisdiction to hear the petition, and thus, this Court also lacks jurisdiction. Alternatively, DFS asserts that, even if the district court had jurisdiction to hear the petition, it still correctly dismissed the petition because TC and GC failed to substantially comply with the adoption statutes. Although TC and GC's failure to comply with the statutory requirements is fatal to their adoption petition, it does not defeat jurisdiction.
I. The district court had jurisdiction over the adoption petition
[¶8] DFS contends that the district court lacked jurisdiction because of TC and GC's failure to file the required consents and relinquishments with their petition, and because of TC and GC's lack of standing under the adoption statutes.
A. Petitioners' failure to attach the consents and relinquishments required by statute did not deprive the district court of jurisdiction
[¶9] Jurisdiction refers to a court's ability to hear a case. See Circuit Court of Eighth Judicial Dist. v. Lee Newspapers ,
[¶10] DFS contends that the district court did not acquire subject matter jurisdiction because the petition was filed without the requisite attachments.
[¶11] "[A]doption proceedings shall be commenced by a petition filed in the district court."
[¶12] The State cites In re JWT ,
[¶13] The origins of this statement lie in In re Adoption of Strauser ,
[¶14] Although the adoption statutes at the time did not contain a statutory mechanism permitting an adoption without parental consent, we had previously held that the term "parent" as used in the adoption statutes, referred to a person who "still possesses a right to the care, custody, or control of the child," and that this "right" could be lost if the parent had abandoned their child. See Strauser ,
Consent lies at the foundation of statutes of adoption. In re Cozza ,, 163 Cal. 514 [ (1912) ] ; In re Lease , 126 P. 161 , 99 Wash. 413 [ (1918) ]. Our statutes are especially clear on that point. In the routine case, the parties consent or agree, and the final act of the court or judge is called the 'approval of such agreement and adoption' (§ 58-201), or refusal 'to approve such adoption' (§ 58-205). The first duty of the judge is to see that the necessary consents are given. If they are not, the proceeding is at an end. There is nothing for the judge to approve . ... The important requirement is the consent of parents who have not abandoned the children. 169 P. 816
Id. at 113-14,
[¶15] A line of cases leading up to JWT construed this passage to carry jurisdictional significance. See JK ex rel. DK v. MK ,
[¶16] A party's failure to attach the appropriate consents and relinquishments with their adoption petition, although sometimes fatal to the petition, does not deprive the court of subject matter jurisdiction. This conclusion is consistent with our recent jurisprudence in other areas, in which we have backed away from a broad application of the term "jurisdiction." See Harmon ,
B. The court had jurisdiction over the proceeding even though the child did not reside in the petitioners' home when they filed the petition
[¶17] DFS argues that TC and GC lack standing because L-MHB did not reside in their home at the time they filed their petition, and therefore the district court also lacked subject matter jurisdiction over the petition on these grounds.
[¶18] We have stated that, if a party lacks standing, a court does not acquire subject matter jurisdiction over the case because standing has "jurisdictional magnitude." See, e.g. , Miller v. Wyo. Dep't of Health ,
[¶19] Despite the absence of a constitutional standing requirement in Wyoming, standing remains a pragmatic and important justiciability doctrine. Courts can, and have, imposed prudential standing requirements. But these prudential standing principles are not jurisdictional. Prudential standing "encompass[es] ... at least three broad principles":
[T]he general prohibition on a litigant's raising another person's legal rights, the rule barring adjudication of generalized grievances more appropriately addressed in the representative branches, and the requirement that a plaintiff's complaint fall within the zone of interests protected by the law invoked.
Lexmark Int'l, Inc. v. Static Control Components, Inc. ,
[¶20] Statutory standing is a close cousin of prudential standing, and looks to whether "this plaintiff has a cause of action under the statute ...." Steel Co. v. Citizens for a Better Environment ,
[¶21] A review of our cases shows that we have applied the non-jurisdictional prudential/statutory standing principles discussed above even when we have labeled a standing question as jurisdictional. For example, in Essex Holding, LLC ,
[¶22] In Gheen v. State ex rel. Department of Health, Division of Healthcare Financing/EqualityCare , we again stated that standing is jurisdictional, but went on to interpret the statutes at issue to decide whether the State had standing to seek reimbursement of Medicaid benefits.
[¶23] To further support our conclusion that our prudential or statutory standing principles are usually non-jurisdictional, we look to our frequent use of the phrase "standing is a jurisprudential rule of jurisdictional magnitude." Heinemann v. State ,
[¶24] The Wyoming Constitution does not make standing jurisdictional; nor do Wyoming Statutes, absent express language or clear indicia of intent to the contrary. To be sure, prudential/statutory principles remain vital jurisprudential rules that assist courts in filtering cases. This discussion should not be construed as limiting our standing jurisprudence generally; rather, it merely clarifies that standing under Wyoming law is a jurisprudential principle, rather than a jurisdictional rule. A court may still, and should, raise standing issues sua sponte when the parties do not. See Osborn v. Emporium Videos ,
II. Dismissal was appropriate because the petition failed to state a claim
[¶25] Even though we conclude that the district court had subject matter jurisdiction over TC and GC's adoption petition, we affirm the district court's dismissal for two reasons: (1) DFS, which had legal custody of L-MHB, did not relinquish custody of L-MHB to adoption; and (2) TC and GC lacked statutory standing because L-MHB did not live in their home when they filed their petition. Adoption is a statutory creation unknown at common law. JWT ,
A. The district court correctly dismissed the adoption petition because TC and GC failed to obtain DFS's relinquishment of L-MHB
[¶26]
(a) A written relinquishment of custody of the child to be adopted and written consent to adoption shall be filed with the petition to adopt and shall be signed by:
....
(iii) The mother and putative father of the child if the name of the putative father is known; or
(iv) The mother alone if she does not know the name of the putative father, in which case she shall sign and file an affidavit so stating and the court shall determine whether the putative father has registered under W.S. 1-22-117 and if so, shall require notice to be given to the putative father; or
....
(vii) The person having exclusive legal custody of the child by court order; or
....
[¶27] TC and GC contend that the mother's consent is all that is required, even though DFS has exclusive legal custody of L-MHB through order of the juvenile court. However, when DFS has been granted legal custody of a child by order of the court, adoption petitioners must provide both proof that DFS has relinquished custody of the child and proof that the parent(s) has consented *569before a court can proceed with the adoption.
[¶28] "[T]he Child Protection Act ... vests DFS with the authority to oversee the custody and care of children in cases of abuse and neglect." In re LB ,
[¶29] The adoption statutes require that there be a written relinquishment and consent to the adoption by those listed in
[¶30] We also reject TC and GC's argument that allowing DFS to effectively veto an adoption when it has legal custody of the child infringes on the mother's residual parental rights under
B. Because L-MHB did not live in TC and GC's home at the time they filed their petition, the district court correctly dismissed the petition
[¶31] An adoption petition "shall be filed upon the entry of the child in the adoptive home or as soon thereafter as is reasonably convenient."
[¶32] When a child has resided in the adoptive home for less than six months before a petition is filed, a court can either deny the petition or enter an interlocutory decree of adoption.
[¶33] Finally, TC and GC did not comply with the statutory requirement to file a medical report for the child with their petition, unless a parent joins the petition (such as in stepparent adoptions) or the child has lived with the adopting family for six months.
CONCLUSION
[¶34] TC and GC failed to state a claim for adoption. They did not file the required proof of relinquishment from DFS, the legal guardian of L-MHB. Moreover, L-MHB did not live with TC and GC at the time they filed their petition, and TC and GC did not obtain and file a medical report for L-MHB with their petition. The district court's decision to dismiss the petition was correct.
[¶35] Affirmed.
Notes
(c) The following documents shall be filed with every petition to adopt a child:
(i) The appropriate consent to adoption pursuant to W.S. 1-22-109 ;
(ii) Any relinquishments as provided by W.S. 1-22-109 necessary to show the court that the person or agency legally authorized to have custody and control of the child prior to the adoption, has duly relinquished the child to the petitioners for adoption;
(iii) A report of the medical examination of the child made by a licensed Wyoming physician within thirty (30) days immediately preceding the filing of the petition to adopt. The report shall be made on forms provided by the department of family services. A medical report shall not be required when a parent of the child joins in the petition to adopt or when the child resided with the adoptive parents for more than six (6) months prior to filing the petition;
(iv) An affidavit from each petitioner setting forth:
(A) Any previous or current diagnosed psychiatric disorders of the petitioner;
(B) All felony convictions of the petitioner within the preceding ten (10) years;
(C) All misdemeanor convictions of the petitioner within the preceding five (5) years;
(D) The current parole or probation status of the petitioner, if any.
(v) An affidavit stating the name or names of persons awarded visitation rights to the child under W.S. 20-7-101 or 20-7-102 or an affidavit stating that no visitation rights under W.S. 20-7-101 or 20-7-102 have been awarded in regard to the child[.]
This judicially created exception is now codified at
The prior appeal arose from the juvenile case, not the current adoption case.
Adoption could proceed without consent in certain circumstances set forth at Wyo. Stat. § 1-22-110.
