An Overview of Adoption Law
In West Virginia
General Requirements
“Any person not married or any person, with his or her spouse’s consent, or any husband and wife jointly, may petition a circuit court of the county wherein such person or persons reside for a decree for adoption of any minor child or person who may be adopted by the petitioner or petitioners. “ WV CODE § 48-22-201
i.e.
Single individuals
Husband and Wife as joint petitioners
A married person with the consent of his/her spouse
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Additional Requirements of the Petitioner(s):
More than 15 Years Older Than the Child: The petitioner should be more than 15 years older than the child to be adopted. If there is less than a 15 year age difference, the court must make a specific finding that, notwithstanding the age difference, it is in best interests of the child for the adoption to take place. (N/A/ to step-parent adoptions). WV CODE § 48-22-502(e).
Live Six Months or More With the Child: The child has to live continuously with the petitioner(s) for at least 6 months prior to filing petition for adoption. WV CODE §§ 48-22-501, 48-22-701.
Adoptive Parent(s) Must Be Fit: The Court has to find
the petitioner(s) as fit to adopt the child. WV CODE § 48-22-701.
A home study may be required at the discretion of the Court. WV CODE § 48-22-701. (Most judges will require a home study in Kanawha County, unless it is an intra-family adoption or step-parent adoption; also, the interstate compact laws require a home study if the child comes from another state.) Where conducted, home study must include:
- Description of family members, medical & employment histories
- Description of home surroundings
- Description of the adjustment of child and family Personal references
- Other information deemed necessary by the Court including criminal background investigation
- Personal references
- Other information deemed necessary by the Court including criminal background investigation
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