In this answer · 3 sections
Your question, explained
The same process applies regardless of whether it's the biological mother or father who refuses. Over 80% of our adoptions proceed without the other parent's consent.
If the biological mother has abandoned the child:
- No meaningful contact for 6+ months constitutes abandonment under W. Va. Code § 48-22-306
- "Token contact" (an occasional call or text) does not negate abandonment
- Paying child support does not negate abandonment
- The Circuit Court can terminate her rights based on abandonment
If the biological mother is present but refuses consent:
- This is a more complex situation
- The court evaluates her actual involvement with the child
- If she has been marginally involved, the case can still proceed
- If she is actively involved, this may require a contested hearing
The process:
- We prepare an abandonment affidavit documenting the mother's absence
- She is served with the adoption petition
- She has a set period to respond
- If she does not respond, the adoption proceeds
- If she responds and contests, a hearing is scheduled
In West Virginia, termination can be handled within the adoption proceeding.
Cost: $349 | Timeline: 3-6 months | 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
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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