Full question:
My third son will attain 12 years of age after 4 months. My husband and I decided to give him in adoption to my sister since she doesn’t have a child. We live in West Virginia. My son may not be ready to go with them as he doesn’t like to be detached from his siblings. Somebody advised me that there will be legal obligations if he passed 12. Is it correct?
- Category: Adoption
- Subcategory: Consent of Minor
- Date:
- State: West Virginia
Answer:
In West Virginia, if the child to be adopted has attained twelve years of age or above, the child’s consent is required to be given in the presence of a judge of a court of competent jurisdiction. It is covered under W. Va. Code § 48-22-301 which reads:“***
(f) If the child to be adopted is twelve years of age or over, the consent of the child is required to be given in the presence of a judge of a court of competent jurisdiction, unless for extraordinary cause, the requirement of such consent is waived by the court.
***”
(f) If the child to be adopted is twelve years of age or over, the consent of the child is required to be given in the presence of a judge of a court of competent jurisdiction, unless for extraordinary cause, the requirement of such consent is waived by the court.
***”
Yes, there are some more legal requirements when the child to be adopted has attained twelve years of age or above. The child’s consent for adoption is required to be given in the presence of a judge of a court of competent jurisdiction.
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.
