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If the biological parent is deceased, the stepparent adoption process in West Virginia is simplified because there is no need for consent or abandonment proceedings.
What's needed:
- A certified copy of the death certificate
- The standard adoption petition filed in Circuit Court
- Background check for the adopting stepparent
No service of process is needed on a deceased parent, so the timeline is often shorter — typically on the faster end of 3-6 months.
We include the appropriate documents for this situation in your package. Just indicate this on the questionnaire and we'll prepare everything accordingly.
Cost: Same $349 — and total costs may be lower since you won't have service of process expenses.
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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