An Overview of Adoption Law
In West Virginia
INDIVIDUALS WHO MAY BE INVOLVED IN THE ADOPTION PROCESS
“ Birth father ” means the biological father of the child. WV CODE § 48-22-105.
“ Birth mother ” means the biological mother of the child. WV CODE § 48-22-106.
“ Birth parents ” mean both the biological father and the biological mother of the child.
WV CODE § 48-22-107.
“ Determined father ” means, before adoption, a person (1) in whom paternity has been established, whether by a court or by acknowledgment; or (2) who has been otherwise judicially determined to be the biological father of the child entitled to parental rights; or (3) who has asserted his paternity of the child in a paternity proceeding that is pending at the time of the filing of the adoption petition. WV CODE § 48-22-109. For more information on establishing paternity by civil action, see WV CODE § 48-24-101; for more information on establishing paternity by acknowledgment, see WV CODE § 16-5-12.
“ Legal father ” means, before adoption, the male person having the legal relationship of parent to a child: (1) who is married to its mother at the time of conception; or (2) who is married to its mother at the time of birth of the child; or (3) who is the biological father of the child and who marries the mother before an adoption of the child. WV CODE § 48-22-110.
“ Outsider father ” means the biological father of a child born to or conceived by the mother while she was married to another man who is not the biological father of the child. WV CODE § 48-22-113.
“ Putative father ” means, before adoption, any man named by the mother as a possible biological father of the child pursuant to the provisions of WV CODE § 48-22-502 (unknown father affidavit), who is not a legal or a determined father. WV CODE § 48-22-114.
“ Unknown father ” means a biological father whose identity the biological mother swears is unknown to her before adoption, pursuant to the provisions of WV CODE § 48-22-502. WV CODE § 48-22-117.
*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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