West Virginia Code § 48-22-201

Persons who may petition for decree of adoption
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Any person not married or any person, with his or her spouse's consent, or any husband and
wife jointly, may petition a circuit court of the county wherein such person or persons reside
for a decree of adoption of any minor child or person who may be adopted by the petitioner
or petitioners: Provided, That if the minor child to be adopted has been removed from a prior
home due to an abuse or neglect proceeding, the petition may be filed in thee same county as
the original abuse and neglect proceeding regarding the minor child.

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