How old do you have to be to adopt in West Virginia?

West Virginia does not set a specific minimum age for adopting a child in the sections we reviewed. Instead, W. Va. Code § 48-22-201 says any person who is not married, any person with his or her spouse's consent, or any husband and wife jointly may petition. If you need an exact age answer for your situation, the Circuit Court clerk in your county can confirm it.

Stepparent adoptions. If you are a stepparent, you would typically file as a married person with your spouse's consent, or jointly with your spouse, under W. Va. Code § 48-22-201. The petition goes to the Circuit Court in your county. West Virginia has no minimum residency period before you can file.

Age gap between you and the child. The law does look at how much older you are than the child:

• If you are less than 15 years older than the child, your petition must say so.
• In that situation, the court may grant the adoption only after making a specific best-interest finding.
• In a stepparent adoption, that finding is not required, and the adoption cannot be denied solely because of closeness in age (W. Va. Code § 48-22-502(e)).

Adopting an adult. If the person you want to adopt is 18 or older, the rules are different. Under W. Va. Code § 48-22-801, any adult person who is a West Virginia resident may petition to adopt a person who has reached 18. That section states no relationship requirement and no age-gap condition. The consent of the person being adopted is the only consent it calls for. The petition goes to the Circuit Court or another court of record with jurisdiction over adoption proceedings. The statute does not say whether a home study or a hearing applies to adult adoptions, so ask the clerk or an attorney about those points.

Other things to know for a minor adoption:

• A child who is 12 or older must consent (W. Va. Code § 48-22-301).
• A home study is not waived in West Virginia (W. Va. Code § 48-22-701).
• Stepparent adoptions typically take about 3-6 months, and adult adoptions about 4-8 weeks.
• Court filing fees run about $200-$400, and the total typical cost is under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

When to get individualized help. If the other parent's consent is in question, the other parent cannot be found, or someone may contest the adoption, the right steps depend on your facts. Talk to the Circuit Court clerk in your county or an attorney about that specific issue.

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 West Virginia county. You then file it yourself without an attorney. The price is $349 for the first child (or one adult adoptee) and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 252 West Virginia families and more than 34,000 families nationally since 2001.