Do the parents, who gave their son in adoption, have any legal right to know about him?

Full question:

My husband and I are residents of West Virginia. Long back, we gave one of our twin children in adoption. Now we wish to see our other son, whom we gave in adoption. We asked his adoptive parents, but they denied. Do we have any legal right to see or know about him?

  • Category: Adoption
  • Date:
  • State: West Virginia

Answer:

In West Virginia, the legislature fully recognizes the right to privacy and confidentiality of the adoptees and the adoptive parents. So you do not have any legal right to see your son, given in adoption. It 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:
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     (2) The adoptees; and
     (3) The adoptive parents.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, once an adoption is finalized, birth parents cannot take back their child. Adoption legally ends the rights and responsibilities of the birth parents and establishes a new legal relationship between the child and the adoptive parents. This is meant to provide stability for the child and the adoptive family. In West Virginia, this principle is upheld under W. Va. Code § 48-23-101. Legal action to reverse an adoption is typically not allowed unless there are exceptional circumstances. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*