Adoption Law in West Virginia

Table Of Contents

	I.	Who May Adopt?
	II.	Who May Place for Adoption ?
	III.	Financial Assistance & Services
	IV.	The Legal Process
	A.	The Permanent Severance
	B.	The Transfer/Recreation
	C.	The Best Interests of the Child
	V.	When is the Adoption Final ?
	VI.	Confidentiality
	A.	Records are Kept Confidential
	B.	The Voluntary Adoption Registry
	C.	Individuals Who May be Involved

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All rights are reserved. These materials are intended to convey general information only on West Virginia’s adoption law to those who access the Children’s Home Society’s web site. The topics discussed herein were selected by the Children’s Home Society in an effort to provide generalized information on West Virginia’s adoption law. 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

An Overview of Adoption Law
In West Virginia

IV.	The Legal Process
A.	The Permanent Severance of Existing Parental Rights Either Before or During the Adoption Process

	Section Index

	Status of Parental Rights
	How are Rights Severed By Agreement or Voluntarily
	How are Rights Severed Involuntarily
	The Unknown Birth Father

Status of Parental Rights

No Person Retains Parental Rights: Before an adoption is granted, the petitioner must show that no person continues to have parental rights in the child. WV law requires the petitioner to show that the following individuals have agreed to surrender their rights and consent to the adoption or that their rights have otherwise been terminated involuntarily:

- The parents or surviving parent of a marital child;

- birth mother

- birth father

-any legal father (Husband of birth mother at the time child was conceived or born)

Any outsider father (of a marital child) who was adjudicated as the biological father or who filed a paternity action which is pending at the time the adoption petition was filed;

The birth mother of a non-marital child; and
Any “determined father.”

Stepparent Adoptions: In the instance of a stepparent adoption, the rights of the birth parent/adoptive parent do not have to be terminated. Such parent must assent to the adoption by joining in the petition.

Disability: If the mother, legal father, or determined father is under disability, the Court may order the adoption if it finds (1) that the person is incurably insane, or (2) that the disability arises solely because of age and an otherwise valid consent or relinquishment was given.

Both Parents Deceased and Parents Deprived of Custody by Law: If all persons entitled to parental rights are deceased or deprived of custody by law, and then consent must be obtained by the legal guardian or person having legal custody of the child. (If there is no legal guardian, then the Court will appoint a guardian). If an agency is the legal guardian, the agency must give its consent.

One Parent is Deceased: If one of the persons entitled to parental rights is deceased, the Court will only require the severance of the rights of the surviving person entitled to parental rights.

Consent of Child: If the child to be adopted is 12 years or older, the child must consent in the presence of a judge, unless extraordinary cause exists.

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