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What are the legal obligations for adopting a child over 12 in West Virginia?

What are the legal obligations for adopting a child over 12 in West Virginia?

Q: What is the jurisdiction of adoption in WV?

In West Virginia, adoption cases are generally handled by the circuit courts. These courts have the authority to oversee adoption proceedings, including the approval of adoption petitions and the consent process. Each county in West Virginia has a circuit court that deals with family law matters, including adoption.

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: 04/07/2025
State: West Virginia

Answer:

In West Virginia, if a child to be adopted is twelve years old or older, their consent is required for the adoption. This consent must be given in the presence of a judge from a court with the proper authority. This requirement is outlined in W. Va. Code § 48-22-301, which states that consent is necessary unless the court waives it for extraordinary reasons.

Therefore, since your son will be turning twelve in four months, you will need to consider his readiness and willingness to consent to the 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.

FAQs

What age can a child decide they want to be adopted?

In West Virginia, a child aged twelve or older must give their consent for an adoption to proceed. This means that once a child reaches this age, they have the legal right to express their wishes regarding adoption. Their consent must be provided in front of a judge. If the child is younger than twelve, the consent of the child is not legally required, but it is still important to consider their feelings and readiness.

What is the jurisdiction of adoption in WV?

What is adoption guilt?

Adoption guilt refers to the feelings of guilt or anxiety that adoptive parents or children may experience during or after the adoption process. Adoptive parents may feel guilty about taking a child from their birth family, while adopted children may feel guilt about leaving their biological family. It's important for both parties to seek support and communicate openly about their feelings.

What is the non-family adoption credit in WV?

In West Virginia, the non-family adoption credit is a financial incentive provided to adoptive parents who adopt children from the foster care system or other non-family situations. This credit can help offset some of the costs associated with the adoption process. Specific eligibility criteria and application procedures apply, so it's advisable to consult with a tax professional or legal expert for detailed information.

Who is eligible for the adoption tax credit?

The adoption tax credit is available to adoptive parents who incur qualified adoption expenses. This includes costs related to adopting a child, such as legal fees, court costs, and travel expenses. Eligibility may depend on the type of adoption (e.g., domestic, international) and the taxpayer's income level. It's important to review IRS guidelines or consult a tax professional for specific eligibility requirements.