West Virginia Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: §§ 48-22-301; 49-3-1
- 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
Age When Consent of Adoptee is Considered or Required
Statute: § 48-22-301- A child 12 years of age 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
Statute: § 48-22-301- Parental rights have been terminated.
- A child was abandoned or permanently relinquished.
- The parent is under disability or incurably insane.
When Consent Can Be Executed
Statute: § 48-22-302- Consent may not be executed until at least 72 hours after the child's birth.
How Consent Must Be Executed
Statute: §§ 48-22-302; 48-22-304- Consent must be signed and executed in the presence of a judge, a notary, or person designated by the court to take consents.
- If the parent is a minor, consent shall be reviewed and approved by the court.
Revocation of Consent
Statute: §§ 48-22-303; 48-22-305- 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revocation if other required consents are not executed, or in direct placements, a petition for adoption is denied or withdrawn.
- Consent may be revoked if, prior to the entry of the adoption order, the birth parent and adopting parent mutually agree, or by a showing that consent was obtained by fraud or duress.
- The court will award custody based on child's best interest.
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