Full question:
My husband died long back and now am living with my parents in West Virginia. I want to give one of my two children in adoption since I don’t even have any means to look after them. A couple came to adopt the child. But my parents are not giving consent. Is their consent required to give my child in adoption?
- Category: Adoption
- Date:
- State: West Virginia
Answer:
No, in West Virginia, if one of the parents entitled to parental rights of the child sought to be adopted is deceased, only the consent of the surviving parent is required to give the child in adoption. The person whose consent or relinquishment is required in an adoption is covered under W. Va. Code § 48-22-301 which reads:“***
(e) If one of the persons entitled to parental rights of the child sought to be adopted is deceased, only the consent or relinquishment of the surviving person entitled to parental rights is required.
***”
Since you your husband is diseased, you are the only parent entitled to parental rights of the child. So only your consent is required to give your child in adoption. Your parents’ consent is not required.
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.
