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WV Code § 48-22-704 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-704. Finality of Order; Challenges to Order of Adoption

(a) An order or decree of adoption is a final order for purposes of appeal to the Supreme Court of Appeals on the date when the order is entered. An order or decree of adoption for any other purpose is final upon the expiration of the time for filing an appeal when no appeal is filed or when an appeal is not timely filed, or upon the date of the denial or dismissal of any appeal which has been timely filed.(b) An order or decree of adoption may not be vacated, on any ground, if a petition to vacate the judgment is filed more than six months after the date the order is final.(c) If a challenge is brought within the six-month period by an individual who did not receive proper notice of the proceedings pursuant to the provisions of this article, the court shall deny the challenge, unless the individual proves by clear and convincing evidence that the decree or order is not in the best interest of the child.(d) A decree or order entered under this article may not be vacated or set aside upon application of a person who waived notice, or who was properly served with notice pursuant to this article and failed to respond or appear, file an answer or file a claim of paternity within the time allowed.(e) A decree or order entered under this article may not be vacated or set aside upon application of a person alleging there is a failure to comply with an agreement for visitation or communication with the adopted child: Provided, That the court may hear a petition to enforce the agreement, in which case the court shall determine whether enforcement of the agreement would serve the best interests of the child. The court may, in its sole discretion, consider the position of a child of the age and maturity to express such position to the court.(f) The Supreme Court of Appeals shall consider and issue rulings on any petition for appeal from an order or decree of adoption and petitions for appeal from any other order entered pursuant to the provisions of this article as expeditiously as possible. The circuit court shall consider and issue rulings on any petition filed to vacate an order or decree of adoption and any other pleadings or petitions filed in connection with any adoption proceeding as expeditiously as possible.(g) When any minor has been adopted, he or she may, within one year after becoming of age, sign, seal and acknowledge before proper authority, in the county in which the order of adoption was made, a dissent from such adoption, and file such instrument of dissent in the office of the clerk of the circuit court which granted said adoption. The clerk of the county commission of such county and the circuit clerk shall record and index the same. The adoption shall be vacated upon the filing of such instrument of dissent.
WV Code § 48-22-801 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-801. Adoption of Adults

§48-22-801. Adoption of adults.Any adult person who is a resident of West Virginia may petition the circuit court or any other court of record having jurisdiction of adoption proceedings for permission to adopt one who has reached the age of eighteen years or over, and, if desired, to change the name of such person. The consent of the person to be adopted shall be the only consent necessary. The order of adoption shall create the same relationship between the adopting parent or parents and the person adopted and the same rights of inheritance as in the case of an adopted minor child. If a change in name is desired, the adoption order shall so state.
WV Code § 48-22-802 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-802. Contracts Limiting or Restraining Adoptions

Any contract, agreement or stipulation which endeavors to deny to any person or persons the right to petition for adoption of any person, or which endeavors to alter the time or manner of adoption as provided in this article, is contrary to the public policy of the state and such portion of any contract, agreement or stipulation is null and void and of no effect.
WV Code § 48-22-901 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-901. Recognition of Foreign Adoption Decree

§48-22-901. Recognition of foreign adoption decree.When an adoption occurs in a foreign country and the adopted child has immigrated to the United States with the permission of the United States, this state shall recognize the adoption. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the adoption decree was issued by a court of this state.
WV Code § 48-22-902 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-902. Filing of Petition for Recognition of Foreign Adoption Decree

(a) At any time after the child has immigrated to the United States, the adoptive parent or parents may commence proceedings with the circuit court in their county of residence to have the foreign adoption decree recognized by filing a petition for recognition of foreign adoption decree. The verified petition shall set forth the following:(1) The name and address of the petitioner or petitioners;(2) The name of the child adopted in a foreign country;(3) The name by which the child shall be known henceforth;(4) The child's country of origin and date of birth, if known;(5) That the child has been issued a visa or other document authorizing entry into the United States and the date of entry. A copy of such a document shall be attached to the petition;(6) That a home study of the petitioner or petitioners was prepared. A copy of the same shall be attached to the petition;(7) The date on which the adoption was decreed in the foreign country. A copy of the foreign adoption decree or such other document or documents which evidence finalization of the adoption in the foreign country shall be attached to the petition, along with an English translation thereof.(b) The verified petition may set forth requests for specific relief or findings to meet the best interests of the child which may be granted, in the court's discretion, specifically including, but not limited to, a revised birth date if a physician has recommended a revision of the child's birth date.
WV Code § 48-22-903 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-903. Proceedings for Recognition of Foreign Adoption Decree

The court shall review the petition and accompanying documentation and, if the court finds the petition and documentation to be satisfactory, it shall enter an order of adoption stating that the documentation required has been submitted and is satisfactory and that the adoption must be recognized in West Virginia and shall have the same force and effect as if the decree of adoption was granted in accordance with the provisions of the West Virginia adoption act. The order shall further set forth the name by which the child shall be known henceforth and such other pertinent findings of the court. The court shall enter the order without the necessity of a hearing unless it deems a hearing necessary or a hearing is requested. The provisions of subsections (a), (d) and (e), section seven hundred two of this article shall apply to all orders issued hereunder and a new birth certificate shall be issued forthwith.
WV Code § 48-23-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-101. Policy Regarding Persons Obtaining Identifying Information After Adoption

§48-23-101. Policy regarding persons obtaining identifying information after adoption.(a) Adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parent and child between an adoptee and his or her adoptive parents. These legal and social premises underlying adoption must be maintained. The Legislature recognizes that some adults who were adopted as children have a strong desire to obtain identifying information about their birth parents while other such adult adoptees have no such desire. The Legislature further recognizes that some birth parents have a strong desire to obtain identifying information about their biological children who were surrendered for adoption, while other birth parents have no such desire.(b) The Legislature fully recognizes the right to privacy and confidentiality of:(1) Birth parents whose children were adopted;(2) The adoptees; and(3) The adoptive parents.
WV Code § 48-23-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-102. Legislative Purpose

The purpose of this article is to:(1) Set up a mutual consent voluntary adoption registry where birth parents and adult adoptees may register their willingness to the release of identifying information to each other;(2) To provide for the disclosure of such identifying information to birth parents or adoptees, or both, through a social worker employed by a licensed adoption agency, provided each birth parent and the adult adoptee voluntarily registers on his or her own; and(3) To provide for the transmission of nonidentifying health and social and genetic history to the adult adoptees, birth parents and other specified persons; and(4) To provide for disclosure of identifying information for cause shown.
WV Code § 48-23-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-201. Applicability of Definitions

§48-23-201. Applicability of definitions.For the purposes of this article the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this article. These definitions are applicable unless a different meaning clearly appears from the context.
WV Code § 48-23-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-202. Adoptee Defined

Adoptee means a person who has been legally adopted in the State of West Virginia.
WV Code § 48-23-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-203. Adoption Defined

Adoption means the judicial act of creating the relationship of parent and child where it did not exist previously.
WV Code § 48-23-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-204. Adult Defined

Adult means a person who is eighteen years of age or more.
WV Code § 48-23-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-205. Agency Defined

Agency means any public or voluntary organization licensed or approved pursuant to the laws of any jurisdiction within the United States to place children for adoption.
WV Code § 48-23-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-206. Genetic and Social History Defined

Genetic and social history means a comprehensive report, when obtainable, on the birth parents, siblings to the birth parents, if any, other children of either birth parent, if any, and parents of the birth parents, which shall contain the following information:(1) Medical history;(2) Health status;(3) Cause of and age at death;(4) Height, weight, eye and hair color;(5) Ethnic origins;(6) Where appropriate, levels of educational and professional achievement; and(7) Religion, if any.
WV Code § 48-23-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-207. Health History Defined

Health history means a comprehensive report of the child's health status at the time of placement for adoption and medical history, including neonatal, psychological, physiological and medical care history.
WV Code § 48-23-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-208. Mutual Consent Voluntary Adoption Registry or Registry Defined

Mutual consent voluntary adoption registry or "registry" means a place provided for herein where eligible persons as described in section 23-501 may indicate their willingness to have their identity and whereabouts disclosed to each other under conditions specified in this article.
WV Code § 48-23-209 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-209. Putative Father Defined

Putative father means any man not deemed or adjudicated under the laws of a jurisdiction of the United States to be the father of genetic origin of a child and who claims or is alleged to be the father of genetic origin of such child.
WV Code § 48-23-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-301. Division of Human Services to Establish and Maintain Mutual Consent Voluntary Adoption Registry

OF VOLUNTARY ADOPTION REGISTRY.§48-23-301. Division of human services to establish and maintain mutual consent voluntary adoption registry.The division of human services, as provided for in §9-2-1, et seq. of this code, shall establish and maintain the mutual consent voluntary adoption registry, except that the division may contract out the function of establishing and maintaining the registry to a licensed voluntary agency with expertise in providing post-legal adoption services, in which case the agency shall establish and maintain the registry that would otherwise be operated by the division.The secretary of the Department of Health and Human Resources shall promulgate and adopt such rules as are necessary for implementing this article.
WV Code § 48-23-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-401. Persons to Whom Use of the Mutual Consent Voluntary Adoption Registry Is Available

§48-23-401. Persons to whom use of the mutual consent voluntary adoption registry is available.Use of the mutual consent voluntary adoption registry for obtaining identifying information about birth parents and adult adoptees is available to birth parents and adult adoptees, except as otherwise limited by section 23-402.
WV Code § 48-23-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-402. Age Limitations on Use of the Mutual Consent Voluntary Adoption Registry

(a) A birth parent is not eligible to use the registry until his or her child who was adopted is eighteen years of age or older.(b) An adult adoptee is not eligible to use the registry if he or she has a sibling in his or her adoptive family who is under the age of eighteen years.
WV Code § 48-23-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-403. Registration by a Birth Father

A birth father may register if:(1) He was named as the father in the original sealed birth certificate; (2) He legitimated or formally acknowledged the child as provided by law; or(3) He signed a voluntary abandonment and release for the child's adoption as provided by law.
WV Code § 48-23-404 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-404. Registration by a Birth Parent Who Used an Alias in Terminating Parental Rights

If a birth parent used an alias name in terminating his or her parental rights, and the alias is listed in the original sealed birth record, that birth parent may register if the agency, organization, entity or person that placed the child for adoption, certifies to the court that the individual seeking to register used the alias name set forth in the original sealed birth certificate.
WV Code § 48-23-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-501. Prerequisites to Disclosure of Identifying Information

§48-23-501. Prerequisites to disclosure of identifying information.The adult adoptee and each birth parent may voluntarily, without having been contacted by any employee or agent of the entity operating the registry, place his or her name in the appropriate registry before any disclosure or identifying information can be made. A qualified person may register by submitting a notarized affidavit to the appropriate registry stating his or her name, address and telephone number and his or her willingness to be identified solely to the other relevant persons who register. No registration may be accepted until the prospective registrant submits satisfactory proof of his or her identity in accord with the provisions specified in section 23-601 of this article. The failure of any of the three above described persons to file a notarized affidavit with the registry for any reason, including death or disability, precludes the disclosure of identifying information to those relevant persons who do register.
WV Code § 48-23-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-502. Counseling of Registrants

Upon registering, the registrant shall participate in not less than one hour of counseling with a social worker employed by the entity that operates the registry, except if a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from a social worker employed by a licensed agency in that other state selected by the entity that operates the registry. When an eligible person registers concerning an adoption that was arranged through an agency which has not merged or otherwise ceased operations, and that same agency is not operating the registry, the entity operating the registry shall notify by certified mail the agency which handled the adoption within ten business days after the date of registration.
WV Code § 48-23-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-503. Cases Where Disclosure of Identifying Information Cannot Occur

In any case where the identity of the birth father was unknown to the birth mother, or where the administrator learns that one or both of the birth parents are deceased, this information shall be shared with the adult adoptee. In these kinds of cases, the adoptee will not be able to obtain identifying information through the registry, and he or she would be told of his or her right to pursue whatever right otherwise exists by law to petition a court to release the identifying information.
WV Code § 48-23-504 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-504. Matching and Disclosure Procedures

(a) Each mutual consent voluntary adoption registry must be operated under the direction of an administrator.(b) A person eligible to register may request the administrator to disclose identifying information by filing an affidavit which sets forth the following:(1) The current name and address of the affiant;(2) Any previous name by which the affiant was known;(3) The original and adopted names, if known, of the adopted child;(4) The place and date of birth of the adopted child; or(5) The name and address of the adoption agency or other entity, organization or person placing the adopted child, if known.(c) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit. The registry has no duty to search for an affiant who fails to register his or her most recent address.(d) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents. Such processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match.(e) The administrator shall determine that there is a match when the adult adoptee and the birth mother or the adult adoptee and the birth father have each filed affidavits with the mutual consent voluntary adoption registry and have each received the counseling required in section 23-502.(f) When a match has taken place, the department shall directly notify all parties through a direct and confidential contact. The contact shall be made by an employee or agent of the agency receiving the assignment and shall be made face to face, rather than by mail, telephone or other indirect means. The employee or agent shall be a trained social worker who has expertise in post-legal adoption services.
WV Code § 48-23-505 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-505. Retention of Data by the Registry

Any affidavits filed and other information collected shall be retained for ten years following the date of registration by any qualified person to which the information pertains. Any qualified person who registers may renew his or her registration for ten additional years within one hundred eighty days prior to the last day of ten years from the date of initial registration.
WV Code § 48-23-506 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-506. Scope of Information Obtained by the Mutual Consent Voluntary Adoption Registry

A mutual consent voluntary adoption registry shall obtain only information necessary for identifying a birth parent or adult adoptee and in no event shall obtain information of any kind pertaining to the adoptive parents, any siblings to the adult adoptee who are children of the adoptive parents, the income of anyone and reasons for adoptive placement.
WV Code § 48-23-507 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 23. Voluntary Adoption Registry|§48-23-507. Fees for Operations of the Mutual Consent Voluntary Adoption Registry

All costs for establishing and maintaining a mutual consent voluntary adoption registry shall be obtained through user's fees charged to all persons who register.