Full question:
I’m a 26-year-old engineer residing in West Virginia. Recently, I met with a woman who resembles my deceased mother. Can I adopt her and change her name to my mother’s name? She is ready, but her parents are not consenting to the adoption. She is elder than me. Is there any age restriction in adoption?
- Category: Adoption
- Date:
- State: West Virginia
Answer:
No, there is no age restriction for an adoptee in West Virginia. Any adult person, who is a resident of West Virginia, can 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. The person can also file a petition to change the name of the adoptee. The consent of the person to be adopted is the only consent necessary to adopt her. The adoption of adults is covered in W. Va. Code § 48-22-801 which reads:“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.”
It seems there is nothing prevents you in adopting her legally. Since there is no age restriction for a person to be adopted in West Virginia, you can adopt her although she is elder than you. Moreover, her parent’s consent is not required since her consent is the only consent required. You can petition to the court the petition for name change along with other petitions for adoption.
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.
