Who May Adopt, Be Adopted, or Place a Child for Adoption - West Virginia

Date: January 2020

Who May Adopt

Citation: Ann. Code §§ 48-22-201; 48-22-301

The following persons may adopt:

  • Any person who is not married
  • Any person with the consent of his or her spouse
  • A husband and wife jointly

In a stepparent adoption, the birth or adoptive parent of the child who is married to the petitioning adoptive parent must join as a party to the petition for adoption.

Who May Be Adopted

Citation: Ann. Code §§ 48-22-201; 48-22-801

The following persons may be adopted:

  • Any minor child
  • Any person age 18 or older, if the adopting parent is a West Virginia resident

Who May Place a Child for Adoption

Citation: Ann. Code §§ 48-22-104; 48-22-301

Only a public or private agency or the Department of Health and Human Resources is authorized to place children for adoption. The parents of the child must consent to the child's adoption.