WEST VIRGINIA ADOPTION ATTORNEYS

“Adopting a child won’t change the world, but for that child, the world will change.” – unknown

What is Adoption?

Adoption is the proceeding by which the Court orders the creation of the legal relationship between parent and child.

An adoption in West Virginia must follow strict legal processes and requires that a Judge approve and decree the adoption before the adoption is formally recognized and legal.​

After the Court enters an order for an adoption, the adoptive parents and child have all the rights and responsibilities of the natural parent-child relationship. This includes the adopting parent’s duty to pay child support in the future, if necessary, and the adopted child’s right to inherit from the adopting parents. The adoption process terminates the parental rights and duties of the child’s birth parent, should such rights not have been terminated previously.​

Am I Eligible to Adopt a Child in West Virginia?

You are eligible to adopt a child in West Virginia if you meet the following legal requirements:

  1. are not married and are over the age of 18;
  2. are married and have the consent of your spouse; or
  3. are a married couple seeking to adopt jointly.

What Types of Child/Minor Adoptions are Allowed in West Virginia?

  1. Third-Party Adoptions,
  2. In-family Adoption/Stepparent Adoption/Relative Adoption,
  3. Adoptions following placement by a licensed adoption agency, including the West Virginia Department of Health and Human Resources (WV DHHR) and Children’s Home Society of West Virginia.​

What Should I Expect in the West Virginia Child/Minor Adoption Process?

  1. Attendance and completion of a pre-service orientation;
  2. A “home study” to assess if your family and home is suitable to adopt a child, which will include providing a list of references, undergoing a criminal history and child abuse background check, a review of medical records, and disclosure of income/finances; and
  3. A report of the findings of the “home study”.

What is the Legal Process for Adopting a Child/Minor in West Virginia?

  1. A Petition for Adoption and all the required documents/consents/relinquishments must be filed with the Court;
  2. The Petition must be served on all appropriate parties;
  3. The Court will hold a hearing on the Petition and evidence/testimony must be provided to confirm the parents meet the requirements for adoption and that the adoption is in the best interest of the child;
  4. The Court will issue an Order of Adoption formalizing the parent and child relationship, terminating prior parental rights (if not already terminated), and, if requested, changing the name of the child; and,
  5. A new birth certificate and/or social security card/number for the child can then be issued.

Can an Adult be Adopted in West Virginia?

Yes. An adult may adopt another adult so long as the person being adopted consents to the adoption.

What Should I Expect from a West Virginia Adoption Attorney?

As you West Virginia Adoption Attorney, we handle the drafting, preparation, and filing of the Petition for Adoption and all of the necessary documents that go along with meeting the requirements of the Petition. We also prepare the Order for the Judge to sign off on, which legally formalized the adoption, and the Certificate of Adoption for the Clerk to certify and send to the Registrar of Vital Statistics for the issuance of a new birth certificate. If a new social security number or card is necessary, we will also prepare and file the Order for the Judge to review and execute for the Social Security Administration to process the new card.

 

If you are interested in fostering a child, contact the West Virginia Department of Health and Human Resources or the Children’s Home Society of West Virginia. If you are interested in adopting a child, contact a West Virginia Adoption Attorney at Slavey & Shumaker, PLLC. Your initial consultation is free.