How do I adopt an adult in West Virginia?

You can adopt an adult in West Virginia by filing a petition in the Circuit Court in your county. Any adult who is a West Virginia resident may petition to adopt a person who has reached 18 (W. Va. Code § 48-22-801). The process is usually much faster than a stepparent adoption of a child, with a typical timeline of 4-8 weeks, compared with 3-6 months for a stepparent adoption.

Who can adopt: The person adopting must be an adult and a West Virginia resident. No minimum number of months of residency is set. The statute does not state a relationship requirement or an age-gap condition for adult adoption. If your situation raises a question on either point, the Circuit Court clerk in your county or an attorney can confirm it.

Who must consent: The law says "the consent of the person to be adopted shall be the only consent necessary" (W. Va. Code § 48-22-801). In plain terms, the adult being adopted must agree to it. If you are wondering whether anyone else has a role in your particular situation, check with the clerk or an attorney.

Where to file: The petition goes to the Circuit Court, or any other court of record having jurisdiction of adoption proceedings (W. Va. Code § 48-22-801). West Virginia has 55 counties, and most families file in the county where the adopting person lives. Your county clerk can tell you about local filing procedures.

Home study and hearing: Section 48-22-801 does not address whether an adult adoption requires a home study or a court hearing. The home-study provisions for children are in W. Va. Code § 48-22-701, but whether they apply to an adult adoption is something to confirm with the clerk or an attorney before you file.

Name change: West Virginia allows a name change as part of the adoption, so the adult being adopted can ask for a new name in the same petition if they wish.

Typical steps:

• Confirm that you, the adopting adult, live in West Virginia.
• Make sure the adult being adopted understands the adoption and is willing to consent.
• Prepare the petition and the supporting court papers for your county.
• File with the Circuit Court clerk and pay the filing fee.
• Ask the clerk whether a hearing or any other step is required, then attend if one is set.
• After the adoption is final, contact the West Virginia Vital Registration Office about any changes to vital records.

What it costs: Court filing fees typically run $200-$400. The total cost is typically under $1,000 when you prepare and file the papers yourself, compared with $3,000-$5,000+ when an attorney handles the whole case. Contested situations or unusual circumstances may call for an attorney's help.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for one adult adoptee. Court-ready documents are delivered within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 252 West Virginia families and more than 34,000 families nationwide since 2001.