If you’re facing an unplanned pregnancy or exploring how to grow your family through adoption, understanding West Virginia adoption law is essential.

West Virginia adoption laws are designed to protect everyone involved in the process. These laws establish rules for consent, finalization, contact agreements and more. Knowing your rights and requirements is the first step to a confident, compassionate adoption journey.

In the guide below, we’ll walk you through everything you need to know about adoption law in West Virginia. If you’re ready to take your next step, contact our adoption specialists today.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. As part of birth mother rights in West Virginia, you can voluntarily terminate your parental rights by signing legal consent paperwork. Your consent must be in writing and witnessed by a judge or authorized official to ensure that it is valid and given without coercion.

Relevant Law: W. Va. Code § 48-22-301

When can I give my baby up for adoption?

There is a mandatory adoption waiting period in West Virginia of at least 72 hours. This waiting period gives you time to recover physically before you sign the adoption papers. Once you sign the consent and it is approved by the court, your parental rights are legally terminated.

Relevant Law: W. Va. Code § 48-22-302

Can I get my baby back after adoption?

Generally, no. In West Virginia, you may revoke your consent within six months of signing only if you can prove in court that your consent was not given voluntarily or was obtained through fraud or duress.

Relevant Law: W. Va. Code § 48-22-305

Can you do adoption without the father's consent?

Sometimes, yes. The father's consent is required if he has established legal paternity, which may include being listed on the birth certificate or taking legal action to claim his parental rights. If he has not taken these steps, has abandoned the child, failed to support the child or expectant mother or is found unfit, the court may waive his consent and proceed with the adoption.

Relevant Laws: W. Va. Code § 48-22-301, § 48-22-306, § 48-22-603

Do both birth parents have to sign adoption papers in West Virginia?

Yes. In most cases, both legal parents are required to give consent before an adoption can move forward. However, if one parent has had their parental rights terminated, is unfit or has abandoned the child, the court may determine that their consent is not necessary.

Relevant Laws: W. Va. Code § 48-22-301, § 48-22-306

Can I get paid for adoption?

No. It is illegal to accept payment for placing your child for adoption. However, you may receive financial assistance for reasonable expenses related to your pregnancy, including medical care, legal fees and necessary living costs, as long as they are approved by the court.

Relevant Law: W. Va. Code § 61-2-14h

Can you choose who adopts your baby?

Yes. You have the right to choose the adoptive family that will raise your child. Our agency provides access to online profiles so you can select adoptive parents who align with your preferences, values and hopes for your child's future.

Relevant Law: W. Va. Code § 48-22-201

Can people from a different state adopt my baby?

Yes. Adoptive parents from other states must comply with the Interstate Compact on the Placement of Children (ICPC), which ensures the adoption is legally approved in both West Virginia and their home state.

Relevant Law: W. Va. Code § 49-7-101

Can I give my baby up for adoption without any agency?

Yes. You may choose to have an independent adoption. However, you must follow all legal requirements. Skipping these steps can cause the adoption to be denied.

Relevant Law: W. Va. Code § 48-22-502

Can my spouse adopt my child?

Yes. If you are married and want your spouse to adopt your child, West Virginia allows stepparent adoptions. The other biological parent must give consent or have their rights legally terminated for the adoption to proceed.

Relevant Law: W. Va. Code § 48-22-201

Can my family adopt my baby?

Yes. Relatives may adopt your child under West Virginia’s kinship adoption laws. However, they must complete the legal process, including background checks, a home study and court hearings to finalize the adoption.

Relevant Law: W. Va. Code § 48-22-201

Can you anonymously put a baby up for adoption?

Mostly, yes. While your identity must be disclosed to the court and your legal representatives, you can choose a semi-open or closed adoption to keep your information confidential from the adoptive family. These arrangements can protect your privacy while still ensuring your child's safe placement.

Relevant Law: W. Va. Code § 48-22-303

Can I have contact with my child after the adoption?

Yes. Many adoptions today are open or semi-open. You can choose to have contact with your child and their adoptive family through updates, photos, emails, phone calls, in-person visits and more. While open adoption in West Virginia agreements are not legally enforceable, most adoptive families honor the agreed level of communication.

More Information: https://www.americanadoptions.com/adopt/open_adoption

How does tribal adoption work for Native American children?

If your child is a member of a federally recognized tribe or eligible for membership, the Indian Child Welfare Act (ICWA) applies. The ICWA requires that the tribe be notified of the adoption, and it prioritizes placement with Native families or within the child’s tribe to preserve cultural connections.

Relevant Law: 25 U.S.C. §§ 1901-1963

Can I drop my baby off at a fire station?

Yes. Under West Virginia’s Safe Haven Law, you can legally surrender a newborn up to 30 days old at a fire station, hospital or local health department without facing legal consequences.

Relevant Law: W. Va. Code § 49-4-201

What rights do biological parents have after adoption?

Once an adoption is finalized, biological parents no longer have any legal rights or responsibilities to the child. Your child becomes the full legal child of the adoptive parents. If you have chosen open adoption, you may still maintain a relationship after placement.

Relevant Law: W. Va. Code § 48-22-703

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in West Virginia?

No. West Virginia law allows both single adults and married couples to petition to adopt a child.

Relevant Law: W. Va. Code § 49-4-201

How old do you have to be to adopt a baby?

West Virginia law does not set a specific age requirement for adoptive parents. However, most adoption professionals require adoptive parents to have the maturity and stability needed to raise a child.

Relevant Law: W. Va. Code § 49-4-201

Do you need a home study for a private adoption in West Virginia?

Yes. A home study is required in all types of adoption. If you're wondering how private adoption works, the home study assesses your background, home environment, financial stability and readiness to adopt.

Relevant Law: W. Va. Code § 48-22-701

Do you need a home study for an independent adoption?

Yes. Independent adoptions also require a completed and approved home study. The home study must be submitted with your adoption petition to demonstrate your suitability to adopt.

Relevant Law: W. Va. Code § 48-22-701

Can you adopt without an agency?

Yes. You can adopt independently, but you still need to follow all legal requirements. If you are wondering whether you need a lawyer to adopt in West Virginia, the answer is yes in most independent adoptions. An attorney can guide you through consent, court filings, and ensure the adoption meets state legal standards.

Relevant Law: W. Va. Code § 49-4-201

What are the steps to adopt?

The steps to adopt a baby in West Virginia include:

1. Complete a home study.

2. Be chosen by an expectant parent and obtain legal consent.

3. File the adoption petition with the court.

4. Complete a post-placement period to ensure the placement is going well.

5. Attend the adoption hearing to receive final approval.

Relevant Laws: W. Va. Code § 48-22-701, § 48-22-301, § 48-22-501, § 48-22-704

Can you adopt a child from another state?

Yes. You can adopt a child from another state, but you must follow the ICPC. This process ensures the adoption is legally approved in both the sending and receiving states before placement occurs.

Relevant Law: W. Va. Code § 49-7-101

Can we advertise for a birth mother?

Yes. You are allowed to advertise for expectant parents, but the process must comply with state laws. You may not offer or accept payment in exchange for placement, and it is recommended to work with a licensed agency to ensure compliance with all legal and ethical standards.

Relevant Law: W. Va. Code § 61-2-14h

Can a birth father stop an adoption?

Yes. A birth father may contest an adoption if he has established paternity and is actively involved in the child’s life. If he has not taken legal steps to claim his rights or has not provided support, the court may proceed without his consent.

Relevant Laws: W. Va. Code § 48-22-301, § 48-22-306, § 48-22-704

What if the birth parents don't sign adoption papers?

If the birth parents do not sign the consent forms, the court must determine whether their consent can be waived. This may happen if a parent has abandoned the child, is unfit or has already had their parental rights terminated.

Relevant Laws: W. Va. Code § 48-22-301, § 48-22-306

When is an adoption finalized in West Virginia?

Finalization typically occurs after the post-placement period and a formal court hearing, where the judge issues the final adoption decree.

Relevant Law: W. Va. Code § 48-22-703

Can birth mothers change their mind?

Generally, no. Once a birth mother signs consent, she may only revoke it within six months if she can prove to the court that her consent was not given voluntarily.

Relevant Law: W. Va. Code § 48-22-305

Are adoptive parents on the birth certificate in West Virginia?

Yes. After the adoption is finalized, a new birth certificate is issued with the adoptive parents listed as the legal parents. The child’s new name, if changed, will also appear. The original birth certificate is sealed and kept confidential.

Relevant Laws: W. Va. Code § 16-5-18, § 48-22-702

What rights do adoptive parents have after adoption?

Adoptive parents have full legal rights and responsibilities once the adoption is finalized. This includes all the rights of a biological parent, such as decision-making, inheritance, custody and care.

Relevant Law: W. Va. Code § 48-22-703

Are open adoptions legally binding in West Virginia?

No. In West Virginia, open adoption contact agreements are not legally enforceable. However, these agreements are commonly honored. Our agency requests all adoptive families to remain open to sending letters and photos and to plan at least one in-person visit within the first five years of the child’s life.

More Information: https://www.americanadoptions.com/adopt/pictures_letters

Does ICWA apply to private adoptions in West Virginia?

Yes. The ICWA applies to all adoption cases involving children who are members or eligible for membership in a federally recognized tribe. This includes notice to the tribe, tribal input and preference for placing the child within their tribe or extended Native family.

Relevant Law: 25 U.S.C. §§ 1901-1963

What support is available after adoption?

Support after adoption may include post-placement counseling and access to the child's medical and background information. Many agencies, including ours, offer ongoing emotional support and educational resources for adoptive families.

More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If you were adopted through our agency, we can help you access non-identifying information about your adoption or assist you with reunion efforts, if desired. West Virginia law allows adult adoptees to request records depending on the circumstances and permissions given at the time of the adoption.

Check out this page for more information about adoptee rights.

What’s Next?

Navigating adoption law can feel overwhelming, but you don’t have to do it alone. Work with a licensed team that understands West Virginia’s adoption laws and puts your needs first.

Let us help you take the next step confidently and legally. Contact our adoption specialists today for personalized guidance.

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