Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                   Enrolled Committee Substitute for Senate Bill 318
 By Senators Trump, Weld, Woelfel, Deeds, Plymale,
                    and Takubo [Passed February 9, 2024; in effect 90 days from passage]
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  AN ACT to amend and reenact §48-22-502 of the Code of West Virginia, 1931, as amended; to
         amend said code by adding thereto a new section, designated §49-4-117, all relating
         generally to adoption proceedings; requiring certain information to be included in the
         adoption petition; and requiring Department of Human Services to provide certificate in
         certain circumstances where parental rights have been terminated.
     Be it enacted by the Legislature of West Virginia:
                            CHAPTER 48. DOMESTIC RELATIONS.
     ARTICLE                                           22.                                    ADOPTION.
     §48-22-502.                        Petition and appendix.
         (a) The petition shall be verified and set forth:
         (1) The name, age, and place of residence of the petitioner or petitioners, and of the child,
  and the name by which the child is known;
         (2) Whether such child is possessed of any property and a full description of the property, if
  any;
         (3) Whether the petitioner or petitioners know the identity of the persons entitled to parental
  rights or, that the persons are unknown to the petitioner or petitioners;
         (4) Whether and on what basis the parental rights of any birth parents should be terminated
  during the pendency of the adoption petition;
        (5) If the parental rights of one or more of the child’s birth parents have been terminated by
 a final order or orders of a court of competent jurisdiction, that the final order or orders terminating
 the parental rights of the child’s birth parents have either: (1) Been affirmed on appeal and the time
 for reconsideration of the decision on appeal has expired; or (2) not been appealed and the time
 for filing of an appeal of the order or orders terminating the parental rights of the child’s birth
 parents has expired; and
        (6) A copy of the Department of Human Services' certificate issued under §49-4-117 of this
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 code.
         (b) In the case of an unknown father, an affidavit signed by the birth mother setting forth the
 following information must be attached to the petition:
         (1) Whether the birth mother was married at the probable time of conception of the child, or
 at a later time, and if so, the identity and last known address of such man;
         (2) Whether the birth mother was cohabiting with a man at the probable time of conception
 of the child, and if so, the identity of such man, his last known address and why the woman
 contends that such man is not the biological father of the child;
         (3) Whether the birth mother has received payments or promise of support from any man
 with respect to the child or her pregnancy, and if so, the identity of such man, his last known
 address and why the birth mother contends that such man is not the biological father of the child;
         (4) Whether the birth mother has named any man as the father on the birth certificate of the
 child or in connection with applying for or receiving public assistance, and if so, the identity of such
 man, his last known address and why the birth mother contends such man is not the biological
 father of the child;
         (5) Whether the birth mother identified any man as the father to any hospital personnel,
 and if so, the identity of such man, his last known address, the name and address of the hospital
 and why the birth mother now contends such man is not the biological father of the child;
         (6) Whether the birth mother has informed any man that he may be the biological father of
 the child, and if so, the identity of such man, his last known address and why the birth mother now
 contends such man is not the biological father of the child;
         (7) Whether any man has formally or informally acknowledged or claimed paternity of the
 child in any jurisdiction at the time of the inquiry, and if so, the identity of such man, his last known
 address and why the birth mother contends such man is not the biological father of the child;
         (8) That the birth mother has been advised that the failure to identify or the misidentification
 of the birth father can result in delays and disruptions in the processing of the adoption petition;
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         (9) That the birth mother has been informed that her statement concerning the identity of
 the father will be used only for the limited purposes of adoption and that once the adoption is
 complete, such identity will be sealed; and
         (10) That the birth mother has been advised of the remedies available to her for protection
 against domestic violence pursuant to the provisions of §48-27-101 et seq. of this code.
         (c) In the event the birth mother is deceased or her identity or whereabouts are unknown,
 no such affidavit shall be required.
         (d) The affidavit of the birth mother in the case of an unknown father shall be executed
 before any person authorized to witness a consent or relinquishment pursuant to the provisions of
 §48-22-302 of this code. Any affidavit filed with the petition pursuant to the provisions of this
 section shall be sealed in the court file and may not be opened except by court order upon a
 showing of good cause.
         (e) If the person petitioning for adoption is less than 15 years older than the child sought to
 be adopted, such fact shall be set forth specifically in the petition. In such case, the court shall
 grant the adoption only upon a specific finding that, notwithstanding the differences in age of the
 petitioner and the child, such adoption is in the best interest of the child: Provided, That in the case
 of a stepparent adoption, such specific finding shall not be required and an adoption shall not be
 denied on the sole basis of proximity in age.
         (f) The petition shall set forth any facts concerning the circumstances of the birth of the
 child known to the petitioner or petitioners. An effort shall be made to obtain medical and social
 information, which information, along with all nonidentifying information about the birth, shall
 accompany the petition and be made a part of the nonidentifying information to be sealed in the
 court file.
         (g) Either the petition, the various consents or relinquishments attached thereto or filed in
 the cause, the affidavit of the birth mother as set forth herein or in an appendix signed by counsel
 or other credible persons shall fully disclose all that is known about the parentage of the child.
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                               CHAPTER 49. CHILD WELFARE.
    ARTICLE                         4.                      COURT                          ACTIONS.
    §49-4-117.           Information provided in         certain adoptions.
         In any case where parental rights have been terminated under chapter 49 of this code, the
 Department of Human Services shall provide a certificate containing the information required by
 §48-22-502(a)(5) of this code to any person, or the attorney of any person, petitioning to adopt the
 child or children.
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Statutes affected: 
Introduced Version: 48-22-502
Committee Substitute: 48-22-502, 49-4-117
Enrolled Committee Substitute: 48-22-502, 49-4-117