What if the biological parent lives in West Virginia but I live in another state?
West VirginiaYou file where YOU and the child live — not where the biological parent lives. If you live in another state but the biological parent is in West Virginia, the adoption is filed in YOUR state, not West Virginia.
However, if you and the child live in West Virginia:
- You file in West Virginia Circuit Court
- The biological parent can be served anywhere — in West Virginia or in another state
- The adoption follows West Virginia law regardless of where the other parent lives
- 0 months residency required (W. Va. Code § 48-22-201)
If the biological parent lives in West Virginia and you live elsewhere:
- You file in YOUR state's court
- The biological parent is served at their West Virginia address
- West Virginia's laws do not govern — your state's laws do
- Contact us and we'll prepare documents for your state
Cross-state service of process:
- A sheriff or process server in West Virginia can serve the biological parent
- If the parent is cooperative, they can sign consent and have it notarized in West Virginia
- If the parent's location in West Virginia is unknown, service by publication may be used
Cost: $349 regardless of which state | Call (855) 924-0450 to discuss your multi-state situation.
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