Stepparent Adoption in West Virginia
Reviewed by DocDraft Legal Team - West Virginia - Last updated October 6, 2026
In West Virginia a stepparent files a verified adoption petition in the circuit court of the county where the stepparent lives (W. Va. Code 48-22-201), and the parent they are married to assents by joining as a party to the petition (48-22-301(b)(3)). The other legal parent's consent is required unless the court finds that parent abandoned the child under 48-22-306 or the parent's rights were terminated under 49-4-114. For a child over six months old, abandonment is presumed when the parent fails to financially support the child within the parent's means and fails to visit or otherwise communicate with the child when the parent knows where the child resides, is physically and financially able to do so, and is not prevented by the custodian, uninterrupted for six months immediately preceding the filing of the petition; that parent must still be served with notice and may show compelling circumstances. A child 12 or older must consent before a judge unless the court waives it for extraordinary cause, and the hearing cannot be held until the child has lived with the stepparent for six months.
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Can a stepparent adopt in West Virginia without the other parent's consent?
Yes, if the court finds abandonment (W. Va. Code 48-22-301(b)(2)). For a child over six months old, it is presumed when, for six months immediately before filing, the parent failed both to support the child within their means and to visit or communicate while knowing where the child lives, able to, and not prevented. The parent may show compelling circumstances.
Which court and which form are used for a stepparent adoption in West Virginia?
File in the circuit court of the county where you live (W. Va. Code 48-22-201). West Virginia publishes no statewide stepparent adoption petition form, so ask the circuit clerk about local practice. The petition must be verified and include the facts listed in 48-22-502, and your spouse joins it as a party.
Is a home study required for a stepparent adoption in West Virginia?
Usually some inquiry is made. Under W. Va. Code 48-22-701(b), between filing and the hearing the court shall, unless it otherwise directs, have a discreet inquiry made into whether the home is suitable. A person not related to the parties or a court-designated agency does it, and the report can include a criminal background check.
At what age must the child consent to a stepparent adoption in West Virginia?
Under W. Va. Code 48-22-301(f), a child who is 12 years of age or over must consent to the adoption, and the consent must be given in the presence of a judge of a court of competent jurisdiction. The court can waive the child's consent only for extraordinary cause.
West Virginia's abandonment presumption, joint parent assent, and six-month residence rule
West Virginia stepparent adoptions are governed by Chapter 48, Article 22 of the Code and heard by the circuit court of the county where the petitioner resides (W. Va. Code 48-22-201). Section 48-22-116 defines a stepparent adoption as one where the petitioner is married to a birth parent or adoptive parent of the child, and that parent does not give a separate consent but must assent by joining as a party to the petition (48-22-301(b)(3)). The other legal parent's consent, signed and acknowledged before a judge, a judge's designee, or a notary public (48-22-302(b)), is the normal path. Without it, the court may proceed if it finds that parent abandoned the child (48-22-301(b)(2)). For a child over six months old, 48-22-306(a) presumes abandonment when the parent fails to financially support the child within the parent's means and fails to visit or otherwise communicate with the child when the parent knows where the child resides, is physically and financially able to do so, and is not prevented from doing so by the person having custody, with that failure continuing uninterrupted for six months immediately preceding the filing of the petition. The parent must be served with notice and may show compelling circumstances that prevented support or contact (48-22-306(d)). West Virginia has no statewide petition form; the verified petition must state the facts in 48-22-502. Unless the court directs otherwise, a discreet inquiry into the home is made before the hearing (48-22-701(b)). A child 12 or older must consent before a judge unless waived for extraordinary cause (48-22-301(f)), and the hearing waits until the child has lived with the petitioner for six months (48-22-501).
Relevant Laws
W. Va. Code 48-22-301 (Persons whose consent or relinquishment is required; exceptions)
Requires consent from the parents of a marital child, the birth mother of a nonmarital child, and the determined father. Consent is not required from a parent the court finds has abandoned the child under 48-22-306, a parent whose rights were terminated under 49-4-114, or, in a stepparent adoption, the parent married to the petitioner, who must join the petition. A child 12 or older must consent before a judge unless waived for extraordinary cause.
W. Va. Code 48-22-306 (Conduct presumptively constituting abandonment)
For a child over six months old, presumes abandonment when the birth parent fails to financially support the child within the parent's means and fails to visit or otherwise communicate with the child when the parent knows where the child resides, is physically and financially able to do so, and is not prevented by the custodian, uninterrupted for six months immediately preceding the filing of the petition. Any parent may show compelling circumstances that prevented support or contact.
W. Va. Code 48-22-701 (Proceedings)
Bars a decree sooner than six months after the child has resided continuously in the petitioner's home. Between filing and the hearing, unless the court otherwise directs, a discreet inquiry into the home is made by an unrelated person or a court-designated agency and may include a criminal background investigation. The order states the child's new name and ends the prior parental relationship.
W. Va. Code 48-22-502 (Petition and appendix)
Lists what the verified adoption petition must state, including whether and on what basis a birth parent's rights should be terminated. In a stepparent adoption, the court need not make a special best-interest finding when the petitioner is less than 15 years older than the child.
Regional Variances
West Virginia stepparent adoption requirements
Court
Circuit court of the county where the petitioner resides (W. Va. Code 48-22-201).
Petition form
No statewide petition form. A verified petition stating the facts in W. Va. Code 48-22-502(a), joined by the parent married to the petitioner (48-22-301(b)(3)). Ask the circuit clerk about local practice.
Other parent's consent
Required from the parents of a marital child, the birth mother of a nonmarital child, and the determined father (W. Va. Code 48-22-301(a)). Signed and acknowledged before a judge, a judge's designee, or a notary public (48-22-302(b)). Not required of a parent whose rights were terminated under 49-4-114 (48-22-301(b)(1)).
Proceeding without consent
Court finds abandonment (W. Va. Code 48-22-301(b)(2)). For a child over six months old, presumed when the parent fails to financially support the child within the parent's means AND fails to visit or otherwise communicate when the parent knows where the child resides, is physically and financially able, and is not prevented by the custodian, uninterrupted for six months immediately preceding filing (48-22-306(a)). Parent must be served (48-22-601) and may show compelling circumstances (48-22-306(d)).
Home study
Discreet inquiry into the home between filing and hearing unless the court otherwise directs, by an unrelated person or court-designated agency; may include a criminal background investigation (W. Va. Code 48-22-701(b)).
Residency or waiting period
Hearing only after the child has lived with the petitioner for six months (W. Va. Code 48-22-501, 48-22-701(a)). No minimum marriage length.
Child's consent age
12 years of age or over, given in the presence of a judge, unless waived by the court for extraordinary cause (W. Va. Code 48-22-301(f)).
Notice deadline
Serve notice within twenty days after the petition is filed, unless waived (W. Va. Code 48-22-601(a)); thirty days to appear after service by mail or publication (48-22-602(e)).
Suggested Compliance Checklist
Identify whose consent is required and the route without it
Before filing days after startingList each parent whose consent W. Va. Code 48-22-301(a) requires and the child if 12 or older. For a parent who will not sign, check whether the court can find abandonment under 48-22-306(a): for a child over six months old, failure to support within the parent's means and failure to visit or communicate when the parent knows where the child resides, is able, and is not prevented by the custodian, uninterrupted for six months immediately before filing. The parent is still served and may show compelling circumstances.
Collect the signed consents
Before filing days after startingHave the other parent sign a consent containing the items in W. Va. Code 48-22-303, acknowledged before a judge, a judge's designee, or a notary public (48-22-302(b)). The consent can be revoked only on the grounds in 48-22-305, such as fraud or duress proven by clear and convincing evidence.
File the verified petition in circuit court
At filing days after startingFile the verified petition, with your spouse joining as a party, in the circuit court of the county where you live (W. Va. Code 48-22-201, 48-22-301(b)(3)). State the facts required by 48-22-502(a), and ask the circuit clerk for the filing fee and local requirements.
Serve notice and cooperate with the home inquiry
Within 20 days after filing days after startingServe notice on any parent whose consent is required within twenty days after filing, unless waived (W. Va. Code 48-22-601(a)), under Rule 4 or by mail or publication if the parent's whereabouts are unknown (48-22-602). Cooperate with any discreet inquiry the court orders (48-22-701(b)).
Confirm the child's new name and update records
After the adoption order days after startingThe adoption order states the name the child will be known by (W. Va. Code 48-22-701(d)), and the state registrar issues a new birth certificate in that name (48-22-702(e)). A separate name change petition is needed only for a name change outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify whose consent is required and the route without it | List each parent whose consent W. Va. Code 48-22-301(a) requires and the child if 12 or older. For a parent who will not sign, check whether the court can find abandonment under 48-22-306(a): for a child over six months old, failure to support within the parent's means and failure to visit or communicate when the parent knows where the child resides, is able, and is not prevented by the custodian, uninterrupted for six months immediately before filing. The parent is still served and may show compelling circumstances. | - | Before filing |
| Collect the signed consents | Have the other parent sign a consent containing the items in W. Va. Code 48-22-303, acknowledged before a judge, a judge's designee, or a notary public (48-22-302(b)). The consent can be revoked only on the grounds in 48-22-305, such as fraud or duress proven by clear and convincing evidence. | - | Before filing |
| File the verified petition in circuit court | File the verified petition, with your spouse joining as a party, in the circuit court of the county where you live (W. Va. Code 48-22-201, 48-22-301(b)(3)). State the facts required by 48-22-502(a), and ask the circuit clerk for the filing fee and local requirements. | - | At filing |
| Serve notice and cooperate with the home inquiry | Serve notice on any parent whose consent is required within twenty days after filing, unless waived (W. Va. Code 48-22-601(a)), under Rule 4 or by mail or publication if the parent's whereabouts are unknown (48-22-602). Cooperate with any discreet inquiry the court orders (48-22-701(b)). | - | Within 20 days after filing |
| Confirm the child's new name and update records | The adoption order states the name the child will be known by (W. Va. Code 48-22-701(d)), and the state registrar issues a new birth certificate in that name (48-22-702(e)). A separate name change petition is needed only for a name change outside the adoption. | name-change-petition | After the adoption order |
Frequently Asked Questions
Other West Virginia guides
Adverse Possession in West Virginia: One Ten Year Clock and Six Elements
Asset Protection Planning in West Virginia (2026)
Dealing With Debt Collectors in West Virginia (2026)
Expunging a Criminal Record in West Virginia (2026)
Filing a Workplace Harassment Complaint in West Virginia
Filing Chapter 7 Bankruptcy in West Virginia (2026)
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