West Virginia Adoption Laws

West Virginia adoption laws protect the rights of the birth parents, the adoptive parents, and the child's best interests. Families considering adoption must go through a screening process and home study before meeting an adoptive child.

The West Virginia Department of Health and Human Resources (DHHR) handles foster care and adoption. Prospective adoptive parents may work with a private adoption agency. But the West Virginia courts oversee the adoption finalization.

West Virginia Adoption Laws

West Virginia doesn't have a minimum age for adoption. Any adult may adopt any child whose parents have terminated their parental rights. Single people may adopt. Married couples can adopt if both spouses sign the adoption petition.

Adoptive families must have a home study before having a child placed in the home. Families may have the study done by a private adoption agency, but DHHR must approve the agency. A home study includes:

• An assessment of the financial and employment status of the parents
• Interviews with all members of the household. Everyone in the home over 12 must agree to the adoption
• Reference checks and interviews with at least five friends or relatives
• Criminal background checks screening for histories of abuse or neglect

Families may complete the home study before the adoption process begins. They must renew it annually (for private adoptions) or every three years (for public adoptions).

Consents

West Virginia adoptions can't happen unless all parties consent or have had their parental rights terminated by court order. Required consents or relinquishments include:

• The birth parents, if married, or the birth mother and identified birth father or biological father
• Any man who has a paternity action filed at the time of the adoption
• Parents who are under "disability" (incarcerated or hospitalized) or who have abandoned the child may have their rights terminated by the court

Types of Adoption

West Virginia categorizes adoptions as either "stepparent adoption," when the spouse of a parent becomes the adoptive parent of a child, or "third party" adoption, which are all other adoptions.

Third-party adoptions include:

• Foster care adoptions
• Relative adoptions
• Private agency adoptions
• Interstate and International adoptions

In the state of West Virginia, grandparents and other relatives have priority for placement for children removed from their parents (§49-4-114 (3)). Foster parents who have passed home studies and established a long-term relationship with the child also have priority.

The Adoption Process

After the home study, the adoptee can move in with the prospective parents. During the adoption proceedings, a social worker continues visiting the adoptive family to ensure the process goes smoothly.

West Virginia does not have open adoptions. If birth parents and adoptive parents want an open agreement, they can have an attorney write one, but the state will not enforce it. The birth parents and adoptee can sign up to find one another when the child is an adult if they wish, and the state will notify both sides they are on the registry.

The child must live with the adoptive parents for at least six months before the final order of adoption. Children 12 and older must consent to their adoption.

Get Legal Advice from a West Virginia Adoption Attorney

West Virginia adoption professionals can help families decide whether to adopt a child or consent to their baby's adoption. Before making a final adoption decision, talk to an experienced West Virginia adoption attorney for details.