An Overview of Adoption Law
In West Virginia
Records Are Kept Confidential: All records in adoption cases and all papers and records relating to such proceedings are kept in the office of the circuit clerk and kept sealed. These records and the names of the parties to the adoption proceedings are confidential, and no one may inspect them unless they have obtained a court order permitting the release of the information. WV CODE § 48-22-702.
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Disclosure of Non-Identifying Information: Certain information which is collected pursuant to the voluntary adoption registry, known as “ non-identifying information ” (health history, social and genetic history), is available to the adoptive parents as guardians of the adopted child, or to an adult adoptee. It is necessary to submit a duly acknowledged request to the clerk of the court to obtain such information. WV CODE § 48-22-702. A birth parent may from time to time submit additional social, medical or genetic history for the adoptee, which information shall be placed in the court file. The court shall immediately transmit all non-identifying medical, social, or genetic information to the adoptive parents or the adult adoptee.
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Disclosure of Identifying Information: If an adoptee, or parent of a minor adoptee, is unsuccessful in obtaining identifying information through the voluntary adoption registry, then such person may petition the court to unseal the adoption records. To do so, adult adoptee (or his/her adoptive parent, if a minor) must state the reasons why the identifying information is being sought. The court will then contact the birth parents and disclose to them such reasons and seek to obtain their consent to release the information. If the consent of the birth parents is unable to be obtained, the court may release the information after notice to the birth parents and a hearing, at which hearing the court must specifically find that there exists evidence of compelling medical or other good cause for release of the information.
*All rights are reserved. These materials are intended to convey general information on West Virginia ’ s adoption law to those visiting the Children's Home Society of West Virginia's web pages. ALTHOUGH PREPARED BY AN ATTORNEY, THIS OUTLINE SHOULD NOT BE USED AS A SUBSTITUTE FOR LEGAL COUNSELING IN SPECIFIC SITUATIONS. THESE MATERIALS SHOULD NOT BE VIEWED AS LEGAL ADVICE AS THE FACTS AND CIRCUMSTANCES VARY IN EACH SITUATION. THIS GUIDE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SOLICITATION FOR LEGAL SERVICES.
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