West Virginia legislation · 2026 Regular Session
West Virginia HB4986: Relating to providing additional ground for abandonment finding in an adoption proceeding
Status: Passed one chamber, March 4, 2026
What the bill says
To amend and reenact §48-22-306 of the Code of West Virginia, 1931, as amended, relating to child welfare; amending the conduct presumptively constituting abandonment of a child; specifying certain incarceration of a parent as conduct presumptively constituting abandonment of a child; and providing factors for the court to consider in making determinations of abandonment. CHAPTER 48. DOMESTIC RELATIONS. ARTICLE 22. ADOPTION. §48-22-306. Conduct presumptively constituting abandonment. (a) Abandonment of a child over the age of six months shall be presumed when the birth and (2) Fails to.
From the engrossed text, February 25, 2026:
A BILL to amend and reenact §48-22-306 of the Code of West Virginia, 1931, as amended, relating to child welfare; amending the conduct presumptively constituting abandonment of a child; specifying certain incarceration of a parent as conduct presumptively constituting abandonment of a child; and providing factors for the court to consider in making determinations of abandonment. CHAPTER 48. DOMESTIC RELATIONS. ARTICLE 22. ADOPTION. §48-22-306. Conduct presumptively constituting abandonment. (a) Abandonment of a child over the age of six months shall be presumed when the birth and (2) Fails to visit or otherwise communicate with the child when he or she knows where the child resides, is physically and financially able to do so and is not prevented from doing so by the person or authorized agency having the care or custody of the child: Provided, That such failure to act continues uninterrupted for a period of six months immediately preceding the filing of the adoption petition. (b) Abandonment of a child under the age of six months shall be presumed when the birth (2) Fails to contribute within his means toward the expense of the prenatal and postnatal care of the mother and the postnatal care of the child; (3) Fails to financially support the child within the father's means; and (4) Fails to visit the child when he knows …