Adoption Law_legprocess

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
C.	The Best Interests of The Child

	Page Index

	What Happens During the Adoption Hearing?
	Affidavit of Fees & Expenses
	Name Change

What Happens During the Adoption Hearing? At the adoption hearing, certain evidence must be presented and the Court must make certain findings that are memorialized in the adoption order. In general, the Court must find that:

no person retains parental rights in the child, except the petitioner(s);
all applicable provisions of the Adoption Code have been complied with;
the petitioner(s) is fit to adopt the child; and
it is in the best interests of the child for the adoption to take place.

Typically, the Court will examine the home study and hear testimony regarding whether the petitioners is of good moral character and of respectable standing in the community and whether they are financially able to maintain the health and education of the child. The Court will also hear evidence as to whether the health of the child requires specific needs that the petitioners are able to provide. The Court will determine whether the child possesses any real or personal property, and if so, whether that may have had anything to do with the adoption decision.

For the specific language required in the adoption order, see WV CODE § 48-22-701.

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Affidavit of Fees & Expenses: The petitioners are required to submit an “ Affidavit of Fees & Expenses ” to evidence all payments that have been made in connection with the adoption.

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Name Change: If there is a name change to occur, the Court will hear testimony as to what the child ’ s name is to be and will order the name change. Immediately upon the entry of the adoption order, the Court will direct the clerk to make and deliver to the State Registrar of Vital Statistics a certificate evidencing the new identifying information. This certificate will allow Vital Statistics to update their records and prepare a new birth certificate with the adoptive parents listed as the child ’ s parents and the new name given to the child. WV CODE § 48-22-702.

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