guiding you through the journey
Adopting a child is a monumental decision that changes lives forever. Trying to navigate the adoption process of adding a new member to your family on your own can cost you more time, money and energy than you expected. With the help of a skilled adoption attorney, you can find the guidance you need to grow your family.
Your adoption is a legal arrangement where the parents' rights are transferred from the natural or birth parents to you, the adoptive parents. The adoptive parents then become legally responsible for the child they adopt and they obtain all legal parental rights with regard to the child, as if the child were biologically born to them. This also applies in the case of an adopting single parent.
Initial Consultation
During this meeting, we will talk about your adoption goals and the unique factors of your situation and develop a plan based on your needs. I will also answer any questions you may have, including how much does it cost to adopt a child, which will very, depending on the nature of your adoption.
Whether you are adopting through a local adoption agency or pursuing an international adoption, I can help you through all the legal obstacles and prepare any paperwork that is needed.
Adoption involves numerous legal steps, including – if applicable, the termination of the child’s existing parental rights – home studies and court approvals. While these may seem daunting or complex, you will not have to handle them on your own.
Understanding West Virginia's Adoption Laws
Adoption laws are different in every state, so if you’re considering adopting a child, it’s crucial that you get an attorney with a firm grasp of the law on your side to steer you in the right direction. In West Virginia, any person may be adopted. A child’s consent to be adopted is only needed for kids ages 12 and older, and a home residency for 6 months is required before the adoption can be finalized. Single adults and married couples – including same-sex couples – are allowed to adopt in West Virginia, and all adoption proceedings are heard in designated adoption courts. You must also:
- Be at least 21 years old
- Have stable and secure income
- Be in overall good health, including physically and mentally
- Have your home pass a safety inspection
- Pass a criminal background check
- Have no history of child abuse or neglect
- Have a stable family relationship
- Be able to commit to the child you’re adopting
Thousands of children in West Virginia are waiting to be adopted, so if you’ve decided you want to become an adoptive parent – or you and your partner want to add to your family – you’ll be making a huge difference in a child’s life. Ruth Law Offices can also help stepparents, relatives, and grandparents with stepparent adoption, grandparent adoption, or Department of Health and Human Resources (foster care) adoption.
The Process
While the home study is not always required in all instances, this is a report prepared by a licensed social worker with experience specific to adoption studies. This information will help the Court decide that an adoption is in the best interest of the child. This process is a very detailed review of the adoptive parents and may include:
- Interview of adoptive parents
- Verification of legal documents, criminal background check, employment check
- Letters of reference from friends and family
- Child abuse records
Termination of Parental Rights - Before a child can be adopted, one or both of biological parents' rights must be terminated. This can be done voluntarily by written notarized consents that must conform with the state adoption code. In the instance of children that are the subject of an abuse/neglect case, the court often terminate the biological parents' rights, freeing the child up for adoption.
Filing of the legal documents - Ruth Law Office will prepare your petition, supporting documents, exhibits and work with the DHHR or child care agency, if one is involved in your case. Once the documents are filed, they will obtain a hearing date and prepare you for the final hearing.
In most cases, only ONE hearing is required, the final hearing.
At this hearing, the adoptive parents and child/children appear (often together with supporting friends and family). With all the paperwork in order and the termination of parental rights documented, you can expect a very short hearing. At that time the court's order is entered which paves the way for a new birth certificate (where the adoptive parents are listed as "parents" on the birth certificate) and the name change is effective.
Helpful Resources & Additional Information
Frequently Asked Questions - WVDHHR
Mission WV Adoption Resource Exchange
This website features youth that vary greatly in terms of background, age, gender, and needs, but all share one thing in common; they are in the custody of the state of West Virginia and are waiting on an adoptive family.navigate complex legal issues.
National Adoption Center
AdoptUSKids is a service of the U.S. Children's Bureau and has been in operation since 2002 by the Adoption Exchange Association under a cooperative agreement. The mission of AdoptUSKids is two-fold: to raise public awareness about the need for foster and adoptive families for children in the public child welfare system; and to assist U.S. States, Territories, and Tribes to recruit and retain foster and adoptive families and connect them with children
Adoption Tax Credit Information
Start Your Adoption Journey Today!
Your love could be the missing piece. Learn about adoption and how you can provide a forever home.
Ruth Law Office, PLLC
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