West Virginia Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke

West Virginia

Who 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.

When Relinquishment Can Be Signed:

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.

Time for Revocation:

  • 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revocation if other required consents are not executed, or in direct placements, a petition for adoption is denied or withdrawn.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.

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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