Wyo. Code R. 048-0059-4
Effective Date: 04/21/2008 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0059.4.04212008
(a) A new certificate of birth shall be prepared by the State Registrar of Vital Records for a child born in this state upon receipt of the following:
(i) An adoption report submitted on a form prescribed and supplied by Vital Records Services or a form supplied by another state which contains the information needed to file a new birth certificate in compliance with these rules. The report must include:
(A) Information needed to locate the original birth certificate;
(B) Information required to complete the new birth certificate;
(C) The signature of the clerk of the court that issued the decree, attesting to the date the final decree was issued.
(ii) A certified copy of an adoption decree from the court. One certified copy of the original decree shall be furnished for each child adopted.
(b) All information in the report of adoption and the adoption decree relative to the child to be adopted shall be consistent with the information on the original birth certificate.
(c) The new certificate of birth shall be on the form in use at the time of birth, if possible, and shall include the following items and other information required on the certificate:
(i) The name of the child as ordered in the decree;
(ii) The date and city and county of birth as indicated on the original certificate;
(iii) The names of the adoptive parents as stated in the decree. In the case of a stepparent adoption, the information on the natural parent is the same as on the original birth certificate;
(iv) In the case of a single parent adoption, information for one parent only shall be shown.
(v) The name of the attendant and registrar as listed on the original birth certificate;
(vi) The state file number that was assigned to the original certificate;
(vii) The original filing date.
(d) After preparation of the new certificate, the existing certificate and the evidence upon which the new certificate was issued are to be placed in a special sealed file. This file can only be opened for examination and issuance of copies of the material filed therein, upon receipt of a certified copy of a court order from the court which issued the decree of adoption, a Wyoming district court, or a federal court; or by the State Registrar for purposes of properly administering the vital records program. Only those materials specified by the court order may be copied and issued.
Section 2 Legitimation. If the natural parents marry subsequent to the birth of a child, a new certificate of birth may be prepared for a child born in this state by the State Registrar of Vital Records upon receipt of an affidavit acknowledging paternity signed by the natural parents of said child, together with a certified copy of the parents' marriage certificate.
(a) A new certificate may be prepared under this section only when:
(i) There is not another man listed as the father on the original certificate;
(ii) The mother is listed as unmarried on the original certificate; and
(iii) The mother was not married within three hundred (300) days prior to the birth.
(b) Certified copies of divorce certificates may be required to document the mother's marital status.
(c) The new certificate of birth shall be on the form in use at the time of birth, if possible, and shall include the following items and such other information necessary to complete the certificate:
(i) The name of the child corrected to show the surname as specified in the affidavit acknowledging paternity;
(ii) The date and place of birth as transcribed from the original certificate;
(iii) The maiden name and personal particulars concerning the natural mother as shown on the original certificate and the personal particulars concerning the father;
(iv) The name of the attendant and registrar;
(v) The state file number that was assigned to the original certificate;
(vi) The original filing date.
(d) After preparation of the new certificate, the original certificate shall not be subject to inspection except upon order of a court of competent jurisdiction.
Section 3. Court Determination of Paternity. A new certificate of birth shall be prepared by the State Registrar of Vital Records for a child born in this state upon receipt of a certified copy of a court determination of paternity.
(a) The new certificate shall be on the form that was in use at the time of the birth, if possible.
(b) The surname of the child shall remain the same unless otherwise ordered by the court.
(c) The additional personal particulars required for the new certificate regarding the natural father shall be included if it is specified in the court order or in a notarized affidavit signed by the natural father.
(d) After preparation of the new certificate, the original certificate shall not be subject to inspection except upon order of a court of competent jurisdiction.
Section 4. Acknowledgment of Paternity. A new certificate of birth may be prepared for a child born in this state by the State Registrar of Vital Records when a valid affidavit acknowledging paternity is received.
(a) If the mother was married to someone other than the natural father within 300 days prior to the date of the birth, one of the following is required in addition to the affidavit acknowledging paternity:
(i) A certified copy of a court order determining that the husband or ex-husband is not the father of the child; or
(ii) An affidavit denying paternity signed by the husband or ex-husband.
(b) An affidavit denying paternity is only valid if an affidavit acknowledging paternity is filed. Both affidavits must be filed within five years of the date of birth.
(c) An affidavit acknowledging paternity filed after the child has reached legal age must also be signed by the child.
(d) The new certificate shall be on the form that was in use at the time of the birth, if possible.
(e) The name and personal particulars of the natural father and surname of the child shall be as specified in the affidavit acknowledging paternity.
(f) After preparation of the new certificate, the original certificate shall not be subject to inspection except upon order of a court of competent jurisdiction.
Section 5. Foreign Born Adoptions. The State Registrar may prepare a new birth certificate for a child born in a foreign country who has been adopted by persons who were residents of Wyoming at the time of the adoption.
(a) The adoption decree must have been issued by a Wyoming court.
(b) The certificate will be on a form approved by the State Registrar.
(c) The following information shall be shown on each certificate:
(i) The name of the child as shown in the decree;
(ii) The date and place of birth as indicated by the decree and/or report of adoption;
(iii) The names and personal particulars of the adoptive parent(s) or of the natural parent if a stepparent adoption;
(iv) Documents upon which the new certificate is based.
(d) The certificate shall be filed and numbered separately from certificates of persons born in this state.
(e) Upon completion of the new birth certificate the evidence upon which it has been based is to be placed in a special file. The file may be examined only upon receipt of an order of a Wyoming district court or a federal court.