[DebraK]

West Virginia Adoption Statute Summary

West Virginia Code Sections 48-4-1 to 48-4-15 and 48-4A-1 to 48-4A-8 (1997)

Who Can Adopt?
Any single person or married person either with his or her spouse jointly or with his or her spouse's consent can adopt.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
The following parties must give written consent to the adoption:
1. both natural parents;
2. the adjudicated or outsider father who has filed a paternity action when the adoption petition is filed;
3. the legal guardian or the court, if there is no parent or the parent does not have custody;
4. If the parent is under 18 years of age the court must review and approve the consent and appoint a guardian ad litem;
5. the determined father;
6. The adoptee if 12 years or older
A parent's consent is not necessary if
1. his or her parental rights have been terminated;
2. he or she is disabled because of age; or
3. he or she is incurably insane.
Notice of the adoption shall also be given to any putative or unknown father who has exercised parental duties to the child and who has not had his parental rights terminated, unless the child is more than 6 months old and the father has not asserted his parental rights.

Consent, if given within 72 hours after birth, may be revoked within 10 days after the birth of the child. No consent may be revoked otherwise, except if given under fraud or duress.

Confidentiality
All records in adoption cases shall be kept in a sealed file and are not open to inspection except upon a court order.

Medical and social information and other nonidentifying information shall be included in the adoption record and shall be sealed by the court. This nonidentifying information may be provided to the adoptive parent and the adoptee upon request to the court.

The State shall establish a mutual consent voluntary adoption registry. Identifying information about either the adoptee or the biological parents may only be released if both the parent and the adult adoptee consent to the release of such information or upon court order for good cause shown. The adoption registry will attempt to match the adult adoptee and the birth parents whenever possible, with the consent of all parties.

Permissible Fees
No person must knowingly receive, accept or offer to accept money or anything of value in consideration for locating, providing, or procuring a minor child for any purpose which entails transfer of legal or physical custody including but not limited to adoption. Fees may be paid for reasonable and customary services performed by a licensed or authorized child placing agency. Expenses may also be paid with respect to reasonable and customary legal, medical,
hospital or other expenses or any fees as authorized by law or approved in court relating to the placement of a minor for adoption.

Place of Adoption Hearing
The adoption hearing shall take place in the court of the county where the adoptive parents reside.

Authority To Place Child
Any public or voluntary organization licensed or approved pursuant to the laws of any jurisdiction within the United States is authorized to place a child. Within West Virginia, any child welfare agency licensed to place children by the State Department of Human Services may place a child.

Relative Adoption
The preadoption report required before a person can adopt a child is not required in the case of a relative adoption. Proximity of age cannot be the sole basis for a denial of an adoption in the case of a stepparent adoption.

Re-printed with permission from the National Adoption Information Clearinghouse.