Full question:
My sister and I had an agreement which has a condition that, if I ever adopt a child, I will adopt her son only, and I will not adopt any other child. Now my wife and I plan to adopt another child in West Virginia. Can we adopt that child? Are we obliged to adopt my sister’s son as stated by the agreement?
- Category: Adoption
- Date:
- State: West Virginia
Answer:
In West Virginia, the contracts limiting or restraining adoptions is null and void. So you can move forward with your plans to adopt the other child. Since the agreement you made with your sister is not valid, you are not obliged to adopt your sister’s son as stated by the agreement. It is covered in W. Va. Code § 48-22-802 which reads:“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.”
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.
