State Laws and Legislation

West Virginia Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
West Virginia law permits any unmarried person or a husband and wife jointly to petition to adopt. W. VA. CODE § 48-22-201.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s adopted child? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Note: The state regulations do not address whether sexual orientation or gender identity or expression are factors in adoption decisions. W. VA. CODE ST. R. § 78-2-16.

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Updated: Mon, December 14, 2009 - 12:00:56