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West Virginia's Adoption Laws

Adoption Records

West Virginia

Statute: § 49-6A-5

Records Confidential: Yes

Persons with access to records

Not addressed in statutes reviewed.

Persons without access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Treatment Providers

• Subject of Reports

• Public/Any Person

Other Not addressed in statutes reviewed.


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


Consent to Adoption

The consent may be signed 72 hours following the birth.

Pre-consents are not allowed in the state of West Virginia.

Revocation Time Frame in West Virginia

The consent is irrevocable upon signing.


Parties to an Adoption

West Virginia

Who May Adopt

Statute: § 48-22-201

• Any person

• A stepparent

• A husband and wife jointly

• Any married person with consent of spouse

Who May Be Adopted

Statute: §§ 48-22-201; 48-22-801

• Any minor child

• Any person age 18 or older by a West Virginia resident

Who May Place a Child for Adoption

Statute: § 49-3-1

• The child welfare agency

• The department


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


Birth Father Statutes

No information currently available.


Adoption Expenses

West Virginia

Birth Parent Expenses Allowed Statute: § 48-22-803(e)

  1. • Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings
  2. • Any other fees authorized by law or approved by the court

Birth Parent Expenses Not Allowed Statute: § 48-22-803(e) 

Any fees not authorized by law or approved by the court

Allowable Payments for Arranging Adoption Statute: § 48-22-803

 It is unlawful for any person or entity to offer, give, or agree to give payments for providing or procuring a child for the purpose of adoption.

Allowable Payments for Relinquishing Child Statute: § 48-22-803

 It is unlawful for any person to accept payment for providing a child for the purpose of adoption.

Allowable Fees Charged by Department/Agency Statute: § 48-22-803(e) 

The department or an authorized child-placing agency may charge fees for reasonable and customary services.

Accounting of Expenses Required by Court Statute: § 48-22-803(f) 

At the final hearing, an affidavit of any fees and expenses paid or promised to be paid shall be submitted to the court.


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


International Expenses

No information currently available.


General Adoption Statutes

West Virginia

Agency or Person Gathering Information or Preparing Report Statute: § 48-22-701 Any person or agency approved by the court

Contents of Report About Person to be Adopted Statute: § 48-22-701

  1. • Medical history
  2. • Description of the adjustment of the adopted person

Contents of Report About Birth Parents Statute: § 48-23-601

  1. • Non-identifying written health history
  2. • Genetic and social history of birth parents and family

Contents of Report About Adoptive Parents Statute: § 48-22-701

  1. • Suitability
  2. • Description of family members
  3. • Medical and employment histories
  4. • Physical description of home and surroundings
  5. • Personal references
  6. • Other information deemed necessary by the court
  7. • Criminal background check

© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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