An Overview of Adoption Law
In West Virginia
Placement: A child will usually be “placed” for adoption in one of two ways:
- By the birth parent or legal guardian directly: a “private adoption”
- Obtained through a “consent”
- Lawyer, hospital, or other facilitator may be involved, but has no legal custody
- By an agency which has legal custody of the child: 1.
- Through a “relinquishment” of the birth parent; and/or
- Through Order of the Court where parental rights were involuntarily terminated and legal custody was transferred. (WV Department of Health and Human Resources)
Return to Page Index
The Minor Birth Mother: If the birth parent is a minor when she places the child for adoption and she is a resident of WV, the consent/relinquishment must be reviewed and approved by the Court, and the Court may appoint a guardian ad litem to represent the interests of the minor parent. The failure of the Court to appoint a guardian ad litem is not grounds for setting aside an adoption. West Virginia law specifically permits the Court to find that a valid consent/relinquishment has been given notwithstanding that a minor gave the consent/relinquishment. WV CODE §§ 48-22-301(c), 48-22-304.
1. An “agency” is defined as a public or private entity, including the WV Department of Health and Human Resources, that is authorized by law to place children for adoption. WV CODE § 48-22-104. Although this particular statute does not make reference to any requirement that an agency be “licensed,” there are provisions elsewhere in the West Virginia Code which govern the incorporation of any organization which has as its purpose the receipt of children or their placement in family homes. WV CODE § 49-3-2.
Return to Page Index
<-- Previous Page | Next Page -->
