WEST VIRGINIA

West Virginia Code 48-4-1to 48-4-15and 48-4A-1to 48-4A-8(1995)

Who Can Adopt?

 Any single person or married person either with his or her spouse jointly orwith his or her spouse's consent can adopt.

Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 The following parties must give written consent to the adoption:

 (1) both natural parents; and

 (2) the legal guardian or the court, if there is no parent or the parent doesnot have custody.

 (3) If the parent is under 18 years of age the court must review and approvethe consent and appoint a guardian ad litem.

 (4) In adult adoptions, only the adult adoptee need give consent.

 (5) The adoptee if 12 years or older.

 A parent's consent is not necessary if

 (1) his or her parental rights have been terminated;

 (2) he or she is disabled because of age; or

 (3) he or she is incurably insane.

 Notice of the adoption shall also be given to any putative or unknown fatherwho has exercised parental duties to the child and who has not had his parentalrights terminated, unless the child is more than 6 months old and the fatherhas not asserted his parental rights. Consent, if given within 72 hours afterbirth, may be revoked within 10 days after the birth of the child. No consentmay be revoked otherwise, except if given under fraud or duress.

Confidentiality

 All records in adoption cases shall be kept in a sealed file and are not opento inspection except upon a court order.

 Medical and social information and other nonidentifying information shall beincluded in the adoption record and shall be sealed by the court. Thisnonidentifying information may be provided to the adoptive parent and theadoptee upon request to the court.

 The State shall establish a mutual consent voluntary adoption registry.Identifying information about either the adoptee or the biological parents mayonly be released if both the parent and the adult adoptee consent to therelease of such information or upon court order for good cause shown. Theadoption registry will attempt to match the adult adoptee and the birth parentswhenever possible, with the consent of all parties.

Permissible Fees

 No person must knowingly receive, accept or offer to accept money or anythingof value in consideration for locating, providing, or procuring a minor childfor any purpose which entails transfer of legal or physical custody includingbut not limited to adoption. Fees may be paid for reasonable and customaryservices performed by a licensed or authorized child placing agency. Expensesmay also be paid with respect to reasonable and customary legal, medical,hospital or other expenses or any fees as authorized by law or approved incourt relating to the placement of a minor for adoption.

Place of Adoption Hearing

 The adoption hearing shall take place in the court of the county where theadoptive parents reside.

Authority To Place Child

 Any public or voluntary organization licensed or approved pursuant to the lawsof any jurisdiction within the United States is authorized to place a child.Within West Virginia, any child welfare agency licensed to place children bythe State Department of Human Services may place a child.

Relative Adoption

 The preadoption report required before a person can adopt a child is notrequired in the case of a relative adoption. Proximity of age cannot be thesole basis for a denial of an adoption in the case of a stepparent adoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

West Virginia Bar Association
P.O. Box 346
Charleston, WV 25322
(304) 342-1474
West Virginia State Bar
2006 Kanawha Boulevard East
Charleston, WV 25311
(304) 558-2456

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