StepParent Adoption 360
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Can I adopt my stepchild who is a newborn or infant in West Virginia?

2 min readHelping families since 2001West Virginia
In this answer · 4 sections

Yes. There is no minimum age for the child being adopted. You can file for stepparent adoption of a newborn or infant in West Virginia as soon as you meet the requirements.

Key considerations for newborn adoption:

Timing:

  • You must be legally married to the child's biological parent
  • You must meet the 0-month residency requirement in West Virginia
  • If you just married after the baby was born, you can file right away (assuming residency is met)
  • The biological father must either consent or meet the abandonment threshold (6 months, W. Va. Code § 48-22-306)
  • For newborns, the abandonment period may not have elapsed yet — so you may need to wait or obtain consent
  • If the father was never on the birth certificate and is unknown, the process is simpler

Why adopting early matters:

  • The child will only ever know you as their parent
  • Medical decision-making authority from the start
  • Insurance coverage as your legal child
  • Birth certificate reflects your name from the earliest possible date
  • No confusing transition for the child later

No child consent required — infants obviously cannot consent, and West Virginia's consent age is 12

Cost: $349 + court fees | Timeline: 3-6 months | Court: Circuit Court

Start at stepparentadoption360.com/portal/register or call (855) 924-0450.

Stepparent adoption in West Virginia at a glance

Court
Circuit Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$400
Child must consent at age
12
Home study
May be required
West Virginia families we've helped
252

Full West Virginia guide →

Turn what you learn into your next step

01Understand your situation

Start with this answer and the related questions below.

02Check the state rules

Use official sources and confirm local filing details with the court.

03Prepare with confidence

Save your answers in the portal or call our team for document help.

Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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