Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in West Virginia may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of West Virginia child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent,
Relinquishment or Surrender).
Use of Intermediaries/Facilitators in Adoptive Placements
Citation: Ann. Code § 48-22-803
Any person or agency who knowingly offers, gives, or agrees to give to another person, and any person who receives, accepts, or offers to accept, money, property, service or other thing of value in
consideration for the recipient's locating, providing, or procuring a minor child for any purpose that entails a transfer of the legal or physical custody of said child, including, but not limited to,
adoption or placement, is guilty of a felony.
A child whose parent, guardian, or custodian has sold or attempted to sell said child in violation of this article may be deemed an abused child. The court may place such a child in the custody of the
department of health and human resources or with such other responsible person as the best interests of the child dictate.
This section does not prohibit the payment or receipt of the following:
Fees paid for reasonable and customary services provided by the department of health and human resources or any licensed or duly authorized adoption or child-placing agency
Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceeding
Fees and expenses included in any agreement in which a woman agrees to become a surrogate mother
Any fees or charges authorized by law or approved by a court in a proceeding relating to the placement plan, prospective placement, or placement of a minor child for adoption
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 48-22-803(e)
Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings
Any other fees authorized by law or approved by the court
Birth Parent Expenses Not Allowed
Citation: § 48-22-803(e)
Any fees not authorized by law or approved by the court
Allowable Payments for Arranging Adoption
Citation: § 48-22-803
It is unlawful for any person or entity to offer, give, or agree to give payments for providing or procuring a child for the purpose of adoption.
Accounting of Expenses Required by Court
Citation: § 48-22-803(f)
At the final hearing, an affidavit of any fees and expenses paid or promised to be paid shall be submitted to the court.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code §§ 48-22-301; 49-3-1
Consent to or relinquishment for adoption of a minor child is required of:
The parents or surviving parent, whether adult or infant, of a marital child
The outsider father of a marital child who has been adjudicated to be the father of the child or who has filed a paternity action that is pending at the time of the filing of the petition for adoption
The birth mother, whether adult or minor, of a nonmarital child
The determined father
If all persons entitled to parental rights of the child are deceased or have been deprived of the custody of the child by law, then consent or relinquishment is required of the legal guardian or of any
other person having legal custody of the child at the time. If there is no legal guardian or any person who has legal custody of the child, then consent or relinquishment is required from some discreet
and suitable person appointed by the court to act as the next friend of the child in the adoption proceedings.
Whenever a child welfare agency licensed to place children for adoption or the department of health and human resources has been given the permanent legal and physical custody of any child and the rights
of the mother and the rights of the legal, determined, putative, outside, or unknown father of the child have been terminated by order of a court of competent jurisdiction or by a legally executed relinquishment
of parental rights, the child welfare agency or the department may consent to the adoption of the child.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 48-22-301
If the child to be adopted is age 12 or older, the consent of the child is required to be given in the presence of a judge of a court of competent jurisdiction, unless for extraordinary cause, the requirement
of such consent is waived by the court.
When Parental Consent is not Needed
Citation: Ann. Code § 48-22-301
Consent or relinquishment shall not be required of a parent or of any other person having custody of the child:
Whose parental rights have been terminated
Whom the court finds has abandoned the child
Who, in a stepparent adoption, is the birth parent or adoptive parent of the child and is married to the petitioning adoptive parent
If the mother, legal father, or determined father is under disability, the court may order the adoption if it finds:
The parental rights of the person are terminated, abandoned, or permanently relinquished.
The person is incurably insane.
The disability arises solely because of age and an otherwise valid consent or relinquishment has been given.
When Consent Can Be Executed
Citation: Ann. Code § 48-22-302
No consent or relinquishment may be executed before the expiration of 72 hours after the birth of the child to be adopted.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 48-22-601(a); 49-3-1(b)(3)
The putative father is entitled to notice of adoption proceedings if he is claiming to be the father, and his paternity of the child has been established.
Notice also is given to a putative father who has asserted or exercised parental rights and duties within 6 months of the child's birth, if he knew the whereabouts of the child.
Please visit adoption law in West Virginia for more details. |