Does an adopted child have the legal right to know about his birth parents?

Full question:

Hi, am a resident of West Virginia. I recently found out that I’m an adopted child. I feel its better late than never. I asked my mom and dad about my real parents. But my parents are still not ready to disclose who they are. Can my parents legally hide this information? Do I have the legal right to know about my real parents?

• Category: Adoption
• Date: 04/07/2025
• State: West Virginia

Answer:

In West Virginia, the law recognizes a right to privacy. This includes the right of the birth parents to privacy. The whole scheme of adoption is based on severing the relationship between birth parents and the child. So you do not have a greater right to know your parents than they have a right to their privacy. This is covered in W. Va. Code § 48-23-101 which reads:

“(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;
***”

It's normal that you want to know your birth parents. But the legislature fully recognizes the right to privacy and confidentiality of your birth parents. So you don’t have a legal right to find them.