Here are the key requirements for stepparent adoption in West Virginia:
1. Marriage: You must be legally married to the child's biological parent
2. Residency: 0 months in West Virginia (W. Va. Code § 48-22-201)
3. Consent or Abandonment: Either the other biological parent consents, or abandonment (6+ months no contact) is established under W. Va. Code § 48-22-306
4. Child Consent: Children age 12+ must consent (W. Va. Code § 48-22-301)
5. Background Check: Required for the adopting stepparent
6. Home Study: Typically waived for stepparents in West Virginia (W. Va. Code § 48-22-501)
7. Filing: Petition filed in Circuit Court
Our document package includes everything you need — petition, consent forms or abandonment affidavit, background check forms, home study waiver request, and step-by-step filing instructions for your specific county.
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
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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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