West Virginia Code § 48-22-704

Finality of order; challenges to order of adoption
Open in Lexace · Ask the AI about this section
(a) An order or decree of adoption is a final order for purposes of appeal to the Supreme
Court of Appeals on the date when the order is entered. An order or decree of adoption for
any other purpose is final upon the expiration of the time for filing an appeal when no appeal
is filed or when an appeal is not timely filed, or upon the date of the denial or dismissal of
any appeal which has been timely filed. e
(b) An order or decree of adoption may not be vacated, on any ground, if a petition to vacate
the judgment is filed more than six months after the date the order is final.
(c) If a challenge is brought within the six-month period by an individual who did not receive
proper notice of the proceedings pursuant to the provisions of this article, the court shall
deny the challenge, unless the individual proves by clear and convincing evidence that the
decree or order is not in the best interest of the child.
(d) A decree or order entered under this article maly not be vacated or set aside upon
application of a person who waived notice, or swho was properly served with notice pursuant
to this article and failed to respond or appear, file an answer or file a claim of paternity
within the time allowed. i
(e) A decree or order entered under this article may not be vacated or set aside upon
application of a person alleging there is a failure to comply with an agreement for visitation
or communication with the adopted child: Provided, That the court may hear a petition to
enforce the agreement, in which case the court shall determine whether enforcement of the
agreement would serve the best interests of the child. The court may, in its sole discretion,
consider the position of a child of the age and maturity to express such position to the court.
(f) The SupremVe Court of Appeals shall consider and issue rulings on any petition for appeal
from an order or decree of adoption and petitions for appeal from any other order entered
pursuant to the provisions of this article as expeditiously as possible. The circuit court shall
consider and issue rulings on any petition filed to vacate an order or decree of adoption and
any other pleadings or petitions filed in connection with any adoption proceeding as
expeditiously as possible.
(g) When any minor has been adopted, he or she may, within one year after becoming of age,
sign, seal and acknowledge before proper authority, in the county in which the order of
adoption was made, a dissent from such adoption, and file such instrument of dissent in the
office of the clerk of the circuit court which granted said adoption. The clerk of the county
commission of such county and the circuit clerk shall record and index the same. The
adoption shall be vacated upon the filing of such instrument of dissent.
PART 8. MISCELLANEOUS PROVISIONS.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.