ADOPTION IN
West Virginia
Domestic Infant Adoptions can be completed through an adoption agency or adoption attorney. Click here to connect with an adoption professional.
International Adoptions must be completed through an adoption agency or adoption attorney. You can learn more about international adoption here.
Foster Care Adoptions in West Virginia can be completed through the Department of Health and Human Resources (304-558-2891).
Gallery of children waiting to be adopted.
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The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
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Can I Adopt in West Virginia?
You must be at least 21 years old in order to adopt. YOu need a stable income, good physical and mental health, and a stable family relationship. You can be single, married, or divorced. Your home must pass a safety inspection. Families must complete PRIDE training and a home study in order to be approved for adoption.
What Adoption Regulations Exist in West Virginia?
Advertising: Advertising is allowed in West Virginia.
Relinquishment: Birth parents must wait at least 72 hours after their child’s birth before consenting to an adoption. Parents wishing to revoke consent must within 6 months of execution prove that consent came under fraud or duress. If the adoptive parents or agency agrees to set aside consent before the final adoption order consent can be revoked. § 48-22-302; 48-22-303; 48-22-305
Birth parent expenses: The following expenses are permitted: birth related hospital, medical, legal, and other expenses due to the adoption. Only expenses approved by the court may be paid. § 61-2-14h(e)
Post-adoption contact agreements: Parents wishing to enforce a contact agreement must petition the court, who then decides whether or not to enforce the agreement based on the child’s best interest. § 48-22-704
Birth father rights: While no paternity registry exists in WV, unmarried fathers may take civil action in the family court to establish paternity. § 48-24-101; 48-24-106
Finalization: The average time between TPR and adoption finalization in 2014 was 13.6 months.
Is Adoption Assistance Available in West Virginia?
Many of the children waiting to be adopted in WV have special needs. Federal (Title IV-E) and state (non-IV-E) programs exist to help adoptive parents meet their child’s needs. In WV, the maximum monthly amount ranges from $600-764. For more information on adoption assistance please visit NACAC.org.
Can I adopt a Child from another country?
It is always possible to adopt a child from another country, even if you live in the United States. Children under 18 adopted from a Hague Convention country entering the U.S. with an IH-3 visa may automatically receive U.S. citizenship.
Children adopted from a non convention country must qualify as orphans before receiving U.S. citizenship. When U.S. citizens finalize an adoption abroad, they must apply to the USCIS for an IR-3 visa for the child. An IR-3 visa classifies the child as an immigrant and may provide the child with citizenship upon arrival in the States.
West Virginia gives full effect and recognition to foreign adoptions completed in compliance with US law and the country that granted the adoption. Readoption in WV is an option but not a requirement. Parents wishing to receive a State birth certificate for their child must submit documentation of a readoption or validation of a foreign adoption.
State Contacts
Gallery of children waiting to be adopted: https://adoption.com/photolisting?page=1&search_type=region&range=UnitedStates
State subsidy contact person:
Ms. Bobby J Kirkland
Dept. of Health & Human Resources (DHHR)
Children and Adult Services
350 Capitol Street, Room 691
Charleston, WV 25301-3704
Phone: 304-356-4577
Fax: 304-558-4563
Email: Bobby.J.Kirkland@wv.gov
Summary
Adoptions in West Virginia can be completed through the DHHR.
You must be at least 21 years old to adopt. You must be in good health. Your home must pass safety checks. Parents need to complete PRIDE training/pass a homestudy.
Advertising is allowed in WV. Parents must wait at least 72 hours after birth of their child before consenting to adoption. You can revoke up to 6 months after execution of consent on the grounds of fraud or duress.
The following expenses are permitted: hospital, medical, legal, and other expenses due to the adoption/pregnancy. Parents wishing to enforce a contact agreement must petition the court, who then decides whether or not to enforce the agreement based on the child’s best interest.
No paternity registry exists in West Virginia. Unmarried fathers may take civil action to establish paternity. The average time until adoption finalization in 2014 was 13.6 months.
