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2023 West Virginia Code › Chapter 48. Domestic Relations › Article 22. Adoption › §48-22-401. Delivery of Child for Adoption; Written Recital of Circumstances

§48-22-401. Delivery of child for adoption; written recital of circumstances.
Whenever a person delivers a child for adoption the person first receiving such child and the prospective adopting parent or parents shall be entitled to receive from such person a written recital of all known circumstances surrounding the birth, medical and family medical history of the child, and an itemization of any facts or circumstances unknown concerning the child's parentage or that may require further development in the form of an affidavit from the birth mother consistent with the provisions of section 22-502.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 22. Adoption › §48-22-501. Filing of Petition for Adoption

The petition for adoption may be filed at any time after the child who is the subject of the adoption is born, the adoptive placement determined and all consents or relinquishments that can be obtained have been executed. The hearing on the petition may be held only after the child has lived with the adoptive parent or parents for a period of six months, proper notice of the petition has been given and all necessary consents or relinquishments have been executed and submitted or the rights of all nonconsenting birth parents have otherwise been terminated.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 22. Adoption › §48-22-601. Who Shall Receive Notice

§48-22-601. Who shall receive notice.
(a) Unless notice has been waived, notice of a proceeding for adoption of a child must be served, within twenty days after a petition for adoption is filed, upon:
(1) Any person whose consent to the adoption is required pursuant to the provisions of section 22-301, but notice need not be served upon a person whose parental relationship to the child or whose status as a guardian has been terminated;
(2) Any person whom the petitioner knows is claiming to be the father of the child and whose paternity of the child has been established pursuant to the provisions of 24-101, et seq.;
(3) Any person other than the petitioner who has legal or physical custody of the child or who has visitation rights with the child under an existing court order issued by a court in this or another state;
(4) The spouse of the petitioner if the spouse has not joined in the petition; and
(5) A grandparent of the child if the grandparent's child is a deceased parent of the child and, before death, the deceased parent had not executed a consent or relinquishment or the deceased parent's parental relationship to the child had not been otherwise terminated.
(b) The court shall require notice of a proceeding for adoption to be served upon any person the court finds, at any time during the proceeding, is:
(1) A person described in subsection (a) of this section who has not been given notice;
(2) A person who has revoked consent or relinquishment pursuant to the provisions of section 22-305; or
(3) A person who, on the basis of a previous relationship with the child, a parent, an alleged parent or the petitioner, can provide relevant information that the court, in its discretion, wants to hear.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 22. Adoption › §48-22-602. How Notice Is to Be Served

(a) Notice shall be served on each person as required under the provisions of section 22-601, in accordance with rule 4 of the West Virginia rules of civil procedure, except as otherwise provided in this article.
(b) The notice shall inform the person, in plain language, that his or her parental rights, if any, may be terminated in the proceeding and that such person may appear and defend any such rights within the required time after such service. The notice shall also provide that if the person upon whom notice is properly served fails to respond within the required time after its service, said person may not appear in or receive further notice of the adoption proceedings.
(c) In the case of any person who is a nonresident or whose whereabouts are unknown, service shall be achieved: (1) By personal service; (2) by registered or certified mail, return receipt requested, postage prepaid, to the person's last known address, with instructions to forward; or (3) by publication. If personal service is not achieved and the person giving notice has any knowledge of the whereabouts of the person to be served, including a last known address, service by mail shall be first attempted as provided herein. Any service achieved by mail shall be complete upon mailing and shall be sufficient service without the need for notice by publication. In the event that no return receipt is received giving adequate evidence of receipt of the notice by the addressee or of receipt of the notice at the address to which the notice was mailed or forwarded, or if the whereabouts of the person is unknown, then the person required to give notice shall cause service of notice by publication as a Class II publication in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area shall be the county where the proceedings are had, and in the county where the person to be served was last known to reside, except in cases of foreign adoptions where the child is admitted to this country for purposes of adoptive placement and the United States immigration and naturalization service has issued the foreign-born child a visa or unless good cause is shown for not publishing in the county where the person was last known to reside. The notice shall state the court and its address but not the names of the adopting parents or birth mother, unless the court so orders.
(d) In the case of a person under disability, service shall be made on the person and his or her personal representative, or if there be none, on a guardian ad litem.
(e) In the case of service by publication or mail or service on a personal representative or a guardian ad litem, the person shall be allowed thirty days from the date of the first publication or mailing or of such service on a personal representative or guardian ad litem in which to appear and defend his or her parental rights.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 22. Adoption › §48-22-603. Notice to an Unknown Father

(a) In the case of an unknown father, the court shall inspect the affidavit submitted pursuant to the provisions of section 22-502, consider any additional evidence that the court, in its discretion, determines should be produced, and determine whether said father can be identified. The inspection and consideration of any additional evidence by the court shall be accomplished as soon as practicable after the filing of the petition, but no later than sixty days before the final hearing on the adoption petition.
(b) If the court identifies a father pursuant to the provisions of subsection (a) of this section, then notice of the proceeding for adoption shall be served on the father so identified in accordance with the provisions of section 22-602.
(c) If after consideration of the affidavit and/or the consideration of further evidence, the court finds that proper service cannot be made upon the father because his identity is unknown, the court shall order publication of the notice only if, on the basis of all information available, the court determines that publication is likely to lead to receipt of notice by the father. If the court determines that publication or posting is not likely to lead to receipt of notice, the court may dispense with the publication or posting of a notice.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 22. Adoption › §48-22-703. Effect of Order as to Relations of Parents and Child and as to Rights of Inheritance; Intestacy of Adopted Child

(a) Upon the entry of such order of adoption, any person previously entitled to parental rights, any parent or parents by any previous legal adoption, and the lineal or collateral kindred of any such person, parent or parents, except any such person or parent who is the husband or wife of the petitioner for adoption, shall be divested of all legal rights, including the right of inheritance from or through the adopted child under the statutes of descent and distribution of this state, and shall be divested of all obligations in respect to the said adopted child, and the said adopted child shall be free from all legal obligations, including obedience and maintenance, in respect to any such person, parent or parents. From and after the entry of such order of adoption, the adopted child shall be, to all intents and for all purposes, the legitimate issue of the person or persons so adopting him or her and shall be entitled to all the rights and privileges and subject to all the obligations of a natural child of such adopting parent or parents.
(b) For the purpose of descent and distribution, from and after the entry of such order of adoption, a legally adopted child shall inherit from and through the parent or parents of such child by adoption and from or through the lineal or collateral kindred of such adopting parent or parents in the same manner and to the same extent as though said adopted child were a natural child of such adopting parent or parents, but such child shall not inherit from any person entitled to parental rights prior to the adoption nor their lineal or collateral kindred, except that a child legally adopted by a husband or wife of a person entitled to parental rights prior to the adoption shall inherit from such person as well as from the adopting parent. If a legally adopted child shall die intestate, all property, including real and personal, of such adopted child shall pass, according to the statutes of descent and distribution of this state, to those persons who would have taken had the decedent been the natural child of the adopting parent or parents.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 23. Voluntary Adoption Registry › §48-23-601. Compilation of Nonidentifying Information on Health History and Social and Genetic History

§48-23-601. Compilation of nonidentifying information on health history and social and genetic history.
(a) Prior to placement for adoption, the court shall require that the licensed adoption agency or, where an agency is not involved, the person, entity or organization handling the adoption, shall compile and provide to the prospective adoptive parents a detailed written health history and genetic and social history of the child. These histories must exclude information that would identify birth parents or members of a birth parent's family. The histories must be set forth in a document that is separate from any document containing such identifying information.
(b) The court, or an agency designated by the court, or judge thereof, shall provide to an agency, person, or organization handling the adoption the forms which must be utilized in the acquisition of the above-described detailed nonidentifying written health history and genetic and social history of the child. If the records cannot be obtained, the court shall make specific findings as to why the records are unobtainable.
(c) Records containing such nonidentifying information and which are set forth on a document described in subsection (a) above, separate from any document containing identifying data:
(1) Shall be retained by the clerk of the court for ninety-nine years; and
(2) Shall be available upon request, throughout the time specified in subdivision (1) of this subsection together with any additional nonidentifying information which may have been added on health or on genetic and social history, but which excludes information identifying any birth parent or member of a birth parent's family, or the adoptee or any adoptive parent of the adoptee, to the following persons only:
(A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian;
(B) The adoptee upon reaching the age of eighteen;
(C) In the event of the death of the adoptee, the adoptee's spouse if he or she is the legal parent of the adoptee's child or the guardian of any child of the adoptee;
(D) In the event of the death of the adoptee, any progeny of the adoptee who is age eighteen or older; and
(E) The birth parent of the adoptee.
(d) The person requesting nonidentifying health history and genetic and social history shall pay the actual and reasonable costs of providing that information. This provision requiring payment of costs is subject to sections of this article that provide for the adoptee to obtain information by petitioning the court.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 23. Voluntary Adoption Registry › §48-23-701. Prohibited Conduct

§48-23-701. Prohibited conduct.
(a) No person, agency, entity or organization of any kind, including, but not limited to, any officer or employee of this state and any employee, officer or judge of any court of this state, may disclose any confidential information relating to an adoption except as provided in this article or pursuant to a court order. Any employer who knowingly or negligently allows any employee to disclose information in violation of this article is subject to the penalties provided in subsection (b) of this section, together with the employee who made any disclosure prohibited by this law.
(b) Any person, agency, entity or organization of any kind who discloses information in violation of this law is liable to the parties so injured in an action to recover damages in respect thereto.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 23. Voluntary Adoption Registry › §48-23-801. Nondisclosure

§48-23-801. Nondisclosure.
(a) Notwithstanding any other provision of law, the information acquired by any registry may not be disclosed under any sunshine or freedom of information legislation, rules or practice.
(b) Notwithstanding any other provision of law, no person, group of persons, or entity, including an agency, may file a class action to force the registry to disclose identifying information.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 24. Establishment of Paternity › §48-24-102. Statute of Limitations; Prior Statute of Limitations Not a Bar to Action Under This Article; Effect of Prior Adjudication Between Husband and Wife

(a) Except for a proceeding brought by a child in his or her own right under the provisions of subdivision 24-101(e)(7), a proceeding for the establishment of the paternity of a child shall be brought prior to such child's eighteenth birthday.
(b) A proceeding to establish paternity under the provisions of this article may be brought by or on behalf of a child notwithstanding the fact that, prior to July 1, 1986, an action to establish paternity may have been barred by a prior statute of limitations set forth in this code or otherwise provided for by law.
(c) A proceeding to establish paternity under the provisions of this article may be brought for any child who was not yet eighteen years of age on August 16, 1984, regardless of the current age.
(d) A proceeding to establish paternity under the provisions of this article may be brought for any child who was not yet eighteen years of age on August 16, 1984, and for whom a paternity action was brought but dismissed because a statute of limitations of less than eighteen years was then in effect.
(e) Any other provision of law to the contrary notwithstanding, when a husband and wife or former husband and wife, in an action for divorce or an action to obtain a support order, have litigated the issue of the paternity of a child conceived during their marriage to the end that the husband has been adjudged not to be the father of such child, such prior adjudication of the issue of paternity between the husband and the wife shall not preclude the mother of such child from bringing a proceeding against another person to establish paternity under the provisions of this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 24. Establishment of Paternity › §48-24-104. Establishment of Paternity and Duty of Support

(a) When the respondent, by verified responsive pleading, admits that the man is the father of the child and owes a duty of support, or if after a hearing on the merits, the court shall find, by clear and convincing evidence that the man is the father of the child, the court shall, subject to the provisions of subsection (c) of this section, order support in accordance with the support guidelines set forth in article 13-101, et seq., and the payment of incurred expenses as provided in subsection (e) of this section.
(b) Upon motion by a party, the court shall issue a temporary order for child support pending a judicial determination of parentage if there is clear and convincing evidence of paternity on the basis of genetic tests or other scientifically recognized evidence.
(c) Reimbursement support ordered pursuant to this section shall be limited to a period not to exceed thirty-six months prior to the service of notice of the commencement of paternity or support establishment, unless the court finds, by clear and convincing evidence:
(1) That the respondent had actual knowledge that he was believed to be the father of the child;
(2) That the respondent deliberately concealed his whereabouts or deliberately evaded attempts to serve process upon himself or herself; or
(3) That the respondent deliberately misrepresented relevant information which would have enabled the petitioner to proceed with the cause of action.
If the court finds by clear and convincing evidence that the circumstances in subsection (1), (2) or (3) exist, then the court shall order reimbursement support to the date of birth of the child, subject to the equitable defense of laches.
(d) The court shall give full faith and credit to a determination of paternity made by any other state, based on the laws of that state, whether established through voluntary acknowledgment or through administrative or judicial process.
(e) Bills for pregnancy, childbirth and genetic testing are admissible and constitute prima facie evidence of medical expenses incurred.
(f) The thirty-six month limitation on reimbursement support does not apply to the award of medical expenses incurred.
(g) For purposes of this section, "reimbursement support" means the amount of money awarded as child support for a period of time prior to the entry of the order which establishes the support obligation.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 24. Establishment of Paternity › §48-24-105. Representation of Parties

Notwithstanding any provision of this code to the contrary, no parent in any proceeding brought pursuant to this article may have counsel appointed for them according to section one, article twenty-one, chapter twenty-nine of this code or otherwise receive legal services provided solely by the state in such action. The Bureau for Child Support enforcement providing representation to the State of West Virginia shall solely represent the State of West Virginia and does not provide any representation to any party.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 24. Establishment of Paternity › §48-24-106. Establishing Paternity by Acknowledgment of Natural Father

A written, notarized acknowledgment executed pursuant to the provisions of section ten, article five, chapter sixteen of this code legally establishes the man as the father of the child for all purposes and child support may be established in accordance with the support guidelines set forth in article 13-101, et seq.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 25. Change of Name › §48-25-101. Petition to Circuit Court or Family Court for Change of Name; Contents Thereof; Notice of Application

(a) A person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:
(1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years;
(2) The cause for which the change of name is sought;
(3) The new name desired;
(4) The name change is not for purposes of avoiding debt or creditors;
(5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law;
(6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;
(7) The name change sought is not for any improper or illegal purpose;
(8) The petitioner is not a convicted felon in any jurisdiction;
(9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal law-enforcement agency; and
(10) Whether or not the petitioner desires to protect his or her identity for personal safety reasons.
(b) After filing the petition and at least ten days before the hearing to consider the application, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The petitioner shall in the notice set forth the name to which his or her name will be changed, unless as shown in the petition to the court, the name change is being requested because the petitioner desires to protect his or her identity for personal safety reasons: Provided, That upon good cause shown, there may be a closed hearing. The publication area for the publication is the county. The publication shall contain a provision that the hearing may be rescheduled without further notice or publication.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 25. Change of Name › §48-25-103. When Court May or May Not Order Change of Name

(a) Upon the filing of the verified petition, and upon proof of the publication of the notice and of the matters set forth in the petition, and being satisfied that no injury will be done to any person by reason of the change, and upon a finding that all representations the applicant has affirmed pursuant to subsection (a), section one hundred one of this article are true and the applicant is not prohibited from obtaining a name change pursuant to this article, that reasonable and proper cause exists for changing the name of petitioner and that the change is not desired because of any fraudulent or evil intent on the part of the petitioner, the court or judge may order a change of name.
(b) The court may not grant any change of name for any person convicted of any felony during the time that the person is incarcerated.
(c) The court may not grant any change of name for any person required to register with the State Police pursuant to the provisions of article twelve, chapter fifteen of this code during the period that the person is required to register.
(d) The court may not grant a change of name for persons convicted of first degree murder in violation of section one, article two, chapter sixty-one of this code for a period of ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later.
(e) The court may not grant a change of name of any person convicted of violating any provision of section fourteen-a, article two, chapter sixty-one of this code for a period of ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 25. Change of Name › §48-25-104. Recordation of Order Changing Name

When such order is made the petitioner shall forthwith cause a certified copy thereof to be filed in the office of the clerk of the county commission of the county where petitioner resides, and such clerk shall record the same in a book to be kept for the purpose and index the same under both the old and the new names. For such recording and indexing the clerk shall be allowed the same fee as for a deed.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 25. Change of Name › §48-25-106. Unlawful Change of Name

Any person residing in this state who shall change his or her name, or assume another name, unlawfully, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding $100, and upon a repetition thereof shall be confined in the county or regional jail not exceeding sixty days.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 25. Change of Name › §48-25-107. Unlawful Change of Name by Certain Felons and Registrants

(a) It is unlawful for any person convicted of first degree murder in violation of section one, article two, chapter sixty-one of this code, and for any person convicted of violating any provision of section fourteen-a, article two, chapter sixty-one of this code, for which a sentence of life imprisonment is imposed, to apply for a change of name for a period of ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later.
(b) It is unlawful for any person required to register with the State Police pursuant to the provisions of article twelve, chapter fifteen of this code to apply for a change of name during the period that the person is required to register.
(c) It is unlawful for any person convicted of a felony to apply for a change of name during the period that such person is incarcerated.
(d) A person who violates the provisions of subsection (a), (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $10,000 or imprisoned in the county or regional jail for not more than one year, or both fined and incarcerated.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-201. Applicability of Definitions

§48-26-201. Applicability of definitions.
For 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. These definitions are applicable unless a different meaning clearly appears from the context.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-202. Advocacy Defined

§48-26-202. Advocacy defined.
"Advocacy" means assisting victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children, in securing rights, remedies and services, by directly providing for, or referring to public and private agencies to provide for, safety planning; shelter; housing; legal services; outreach; counseling; case management; information and referral; training; employment; child care; health care; transportation; financial literacy education, financial planning and related economic empowerment services; parenting and other educational services; and other support services.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-208. Domestic Violence Program Defined

"Domestic violence program" means a licensed program of a locally controlled nonprofit organization, established primarily for the purpose of providing advocacy services, comprising both a shelter component and an outreach component, to victims of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children: Provided, That the board may temporarily or permanently close either the shelter component or the outreach component of a domestic violence program.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-209. Family Protection Fund Defined

"Family Protection Fund" means the special revenue account established by Chapter 74 of the Acts of the Legislature of 1981, held by the department, for the purpose of collecting marriage license fees pursuant to section ten, article one, chapter fifty-nine of this code, divorce surcharge fees pursuant to section twenty-eight-a, article one, chapter fifty-nine of this code, fees for failure to present a premarital education course completion certificate pursuant to section ten, article one, chapter fifty-nine of this code and any other funding source, including any source created in another section of this code, and distributed to licensed domestic violence programs, in accordance with the formula designated by the board.