Wyo. Code R. 048-0059-4
Vital Records Services
Chapter 4: Substitution of Birth Certificates
Effective Date: 07/02/1997 to 01/22/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 048.0059.4.07021997
(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 place 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 step-parent 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. The place for information on the other parent may be filled with 'Single Parent Adoption' if the adoptive parent gives written permission.
(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.
(g) 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 by a court order as specified in Chapter 4, Section 5, herein.
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 affidavits of paternity signed by the natural parents of said child, together with a certified copy of the parent's marriage certificate.
(a) A new certificate cannot be prepared except by order of a court of competent jurisdiction when:
(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:
(d) The data necessary to locate the existing certificate and the data necessary to complete the new certificate shall be submitted to the State Registrar of Vital Records on forms prescribed or approved by him.
(e) After preparation of the new certificate, the existing certificate and the evidence upon which the new certificate was based are to be placed in a special sealed file. See Section 5. Sealing of Special Files.
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. The new certificate shall be on the form that was in use at the time of the birth, if possible. The surname of the child shall remain the same unless otherwise ordered by the court. 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.
(a) A man may withdraw an affidavit acknowledging paternity by filing a notarized affidavit with Vital Records Services. To be valid, the affidavit of withdrawal must be received by Vital Records Services within sixty (60) days of the date of the signing of the affidavit acknowledging paternity, or by the date of a judicial proceeding relating to the child in which the signatory of the affidavit is a party, whichever occurs earlier.
(b) When an affidavit withdrawing paternity acknowledgement is received:
(i) If the affidavit acknowledging paternity was filed at the time of birth and the man's name is listed as the father on the birth certificate, a new birth certificate will be prepared. No father will be listed on the new certificate and the surname of the child will be changed to the legal surname of the mother at the time of the child's birth, as listed on the original certificate. A court order will then be required to add a father's name to the certificate.
(ii) If the affidavit acknowledging paternity was received by Vital Records Services after the birth certificate was filed, and the man's name has not been added to the certificate, no changes will be made to the certificate. A court order will then be required to add a father's name to the certificate.
Section 5. Sealing Special Files. After preparation of a new birth certificate following an adoption or a legitimation, all correspondence, documents and the original birth certificate shall be placed in a special file which shall be sealed and kept in the office of Vital Records Services. Sealed files for completed adoptions and legitimations may be opened for examination and issuance of copies of the material filed therein, only 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. Only those materials specified by the court order may be copied and issued.
Section 6. 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 and shall bear the words 'Not Proof of United States Citizenship.'
(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 step-parent 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 court of competent jurisdiction.