How is stepparent adoption different from third-party adoption in West Virginia?

Stepparent adoption is significantly simpler than third-party (agency) adoption in West Virginia. Here is a detailed comparison:

Stepparent Adoption in West Virginia:

• The child already lives with you in your home
• Only one biological parent's rights are terminated (the other parent is your spouse)
• Home study: Waived for stepparents (W. Va. Code § 48-22-501)
• No adoption agency involved
• No matching or placement process
• Timeline: 3-6 months
• Cost: $349 document preparation + court fees
• Total cost: typically $650–$850

Third-Party/Agency Adoption:

• The child is placed with you by an agency
• Both biological parents' rights must be terminated
• Full home study required (multiple visits over months)
• Adoption agency facilitates and oversees
• Matching and placement process
• Timeline: 1–2+ years
• Cost: $20,000–$50,000+

Why the difference?

Stepparent adoption recognizes that you are already parenting the child. The law is simply formalizing a family that already exists. The court does not need to evaluate whether you are a suitable parent — you have already been serving in that role.

This is why stepparent adoption is the most common type of adoption in the United States.