West Virginia
West VirginiaWho Must Consent:
- The parents of a marital child.
- The mother and determined father of a nonmarital child.
- The legal guardian or other person having legal custody.
- A suitable person appointed by the court as next friend to the child.
- An agency having permanent legal custody of the child.
Consent of Adoptee:
A child 12 years or older must consent in the presence of a judge, but consent may be waived for "extraordinary cause" by the court.
When Parental Consent is Not Needed:
- Parental rights have been terminated.
- A child was abandoned or permanently relinquished.
- The parent is under disability or incurably insane.
Consent may not be executed until at least 72 hours after the child's birth.
How Relinquishment Must Be Signed:
- Consent must be signed and executed in the presence of a judge, a notary, or person designated by the court to take consent.
- If the parent is a minor, consent shall be reviewed and approved by the court.
- Consent may provide for conditional revocation if other required consents are not executed, or in direct placements, a petition for adoption is denied or withdrawn.
- If, prior to entry of adoption order, the birth parent and adopting parent mutually agree; or that consent was obtained by fraud or duress.
- The court will award custody based on child's best interest.
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents
Relinquishment Summaries by State: Index
Source: National Adoption Information Clearinghouse. Reprinted with permission.
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