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, any contract that restricts or limits adoptions is considered null and void. Therefore, you can proceed with your plans to adopt another child without being obligated to adopt your sister’s son as per your agreement. This is supported by W. Va. Code § 48-22-802, which states that any agreement that attempts to deny a person the right to petition for adoption is contrary to public policy and has no legal 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.