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Frequently Asked Questions

About Adoption Laws in West Virginia

When you are looking to grow your family and opt in adopt, having a dedicated and experienced lawyer on your side can make the process much easier. Contact the compassionate staff at Lusk, Bradford & Gray, PLLC in Beckley, WV, for the information and representation you need! Potential adoptive parents can also have a lot of questions about the process and laws of adoption in West Virginia, so please take a look at the following frequently asked questions.


Do you have to be married to adopt?
No; both married couples and single people have the right to adopt.

Can LGBTQ+ families adopt?
Yes; LGBTQ+ couples can petition for joint adoption.

Can out-of-state residents adopt in West Virginia?
No; you must be a resident of West Virginia to finalize an adoption in the state.

Can you advertise for birth parents?
Yes; you can actively advertise for birth parents who are looking to give up their child for adoption.

Is there a putative father registry in West Virginia?

Are adoptive parents subject to expenses?
Yes; birth parent expenses including medical, legal and counseling expenses may be paid.

Can adoptive parents use a third party to facilitate the adoption?
Yes; a state or fully legal and licensed child-placing agency may be used.

How long does it take for consent to adopt to be granted?
72 hours.

Is consent irrevocable?
When this consent paperwork is signed, it becomes irrevocable except in cases of fraud or duress.

If consent is revoked, what happens to the child?
The child will automatically be returned to the birth parent(s).

Can post-adoption contact agreements be legally enforced?
Yes; as long as the child has immigrated legally to the U.S.

Are foreign adoption decrees automatically recognized by West Virginia?
Yes; as long as the child has immigrated legally to the U.S.

Are adoptions from foster care subsidies distributed by the state?
Yes; adoption subsidies are available for children with special needs and begin at finalization.

Is there information available about adoptions from foster care in West Virginia?
Yes; please visit the Health & Human Resources’ Bureau for Children and Families website.

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Serving Adoptive & Birth Parents

in Southern West Virginia

One of the best ways to ensure a successful adoption is to rely on the legal counsel of highly qualified and experienced attorneys. At Lusk & Bradford, we can represent your interests both in and out of court, and help your family grow through the process of adoption. We serve potential adoptive parents (and birth parents) throughout southern West Virginia, including all of the following areas: