West Virginia adoption laws


 

WHO CAN ADOPT IN WEST VIRGINIA?

Singles and married couples jointly or with consent from his/her spouse.

Can LGBT families adopt? Yes, same-sex couples can petition for joint adoption.

DOMESTIC ADOPTION

Can adoptive parents advertise for birth parents? Yes.

Can out-of-state residents finalize an adoption? No.

Can adopting parents use an adoption facilitator or another paid intermediary? Yes, but only the state or a licensed child-placing agency may accept fees for customary services.

What birth parent expenses may be paid, and in what time period? Medical, legal, counseling.

Is there a putative father registry? No.

When can consent to adoption be granted? After 72 hours.

 When does consent become irrevocable? If consent is revoked, is return to birth parent automatic? Upon signing of an irrevocable consent, except in case of fraud or duress. Return automatic.

Are post-adoption contact agreements legally enforceable? Yes, as long as the agreement is approved by the court.

WEST VIRGINIA INTERNATIONAL ADOPTION LAWS

Is a foreign adoption decree automatically recognized by the state? Yes, a foreign adoption decree is recognized by West Virginia as long as the child has immigrated legally to the United States.

Can parents readopt in this state? Is it mandatory? Yes, parents can readopt in West Virginia as long as the petition to the court includes a copy of the child’s visa, the homestudy report, and the foreign adoption decree (translated into English if necessary).

When will a U.S. birth certificate be issued? The State Registrar will issue a certificate of foreign birth upon receipt of the certificate of adoption from the West Virginia court ordering the adoption, proof of the date and place of birth of the child, and a request for the preparation of the certificate from the court, the adopting parents, or the adoptee if s/he is 18 years or older.

ADOPTION FROM FOSTER CARE IN WEST VIRGINIA

Are adoption subsidies available? When do they start and how long do they last? Yes, adoption subsidies are available to a special needs child who is legally free for adoption and in the custody of the state or a licensed child-placing agency in West Virginia. A special needs child is defined by having at least one of the following: between 8 and eighteen years of age, member of a minority group if 3 years or older; member of a sibling group of 2 or more children being placed together, has an emotional, physical, mental, or medical condition. Adoption subsidies begin at finalization.

Where can I learn more about the process of adopting a child from foster care in West Virginia?  http://www.wvdhhr.org/bcf/children_adult/foster/default.asp

WEST VIRGINIA ADOPTION UNIT
West Virginia Department of Health and Human Resources
Office of Social Services — Children and Adult Services
350 Capitol Street, Room 691
Charleston, WV 25301
(304) 558-4303
lauraharbert@wvdhhr.org
http://www.wvdhhr.org/oss/adoption/adoption_process.asp