What are the adoption laws in West Virginia?

West Virginia adoption law is found in West Virginia Code Chapter 48, Article 22, and stepparent adoptions are filed in the Circuit Court in the county where you live, with no minimum residency period under W. Va. Code § 48-22-201.

Who can petition: Under W. Va. Code § 48-22-201, an unmarried person, a married person with his or her spouse's consent, or a husband and wife jointly may petition. For a stepparent adoption, that usually means the stepparent files with the birth parent's support.

Residency: West Virginia sets no minimum residency period for a minor adoption, so you do not have to wait before filing. For adult adoption, the person adopting must be a West Virginia resident (W. Va. Code § 48-22-801).

Consent from the child: A child who is 12 or older is asked to consent (W. Va. Code § 48-22-301). Whether other consents are needed in your situation is worth confirming with the Circuit Court clerk.

Abandonment: West Virginia uses a 6-month abandonment period (W. Va. Code § 48-22-306). Whether it applies to your family depends on your facts. If the other parent is not involved and will not consent, ask the clerk or an attorney about your specific case.

Home study: West Virginia does not waive the home study for stepparent adoptions (W. Va. Code § 48-22-701), so plan for it.

If you can't find the other parent: West Virginia allows service by publication when the other parent's location is unknown after diligent search efforts. What counts as diligent is a question for the clerk or an attorney.

Name changes: You can request a name change for the child as part of the adoption. For updated records afterward, the West Virginia Vital Registration Office is the agency to ask about, and the clerk can explain the steps.

Adult adoption: Any adult who is a West Virginia resident may petition to adopt a person who has reached 18 (W. Va. Code § 48-22-801). That section says the consent of the person being adopted is the only consent necessary. The petition may be filed in the Circuit Court or another court of record with jurisdiction over adoptions. Whether a home study or hearing applies to an adult adoption is not spelled out there, so confirm with the clerk.

Timeline and cost:

• A stepparent adoption in West Virginia typically takes 3-6 months, and an adult adoption typically takes 4-8 weeks.
• Court filing fees run about $200-$400, and the total typical cost is under $1,000 when you file on your own.
• Hiring an attorney commonly runs $3,000-$5,000+.

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