(a) Upon the entry of such order of adoption, any person previously entitled to parental rights, any parent or parents by any previous legal adoption, and the lineal or collateral kindred of any such person, parent or parents, except any such person or parent who is the husband or wife of the petitioner for adoption, shall be divested of all legal rights, including the right of inheritance from or through the adopted child under the statutes of descent and distribution of this state, and shall be divested of all obligations in respect to the said adopted child, and the said adopted child shall be free from all legal obligations, including obedience and maintenance, in respect to any such person, parent or parents. From and after the entry of such order of adoption, the adopted child shall be, to all intents and for all purposes, the legitimate issue of the person or persons so adopting him or her and shall be entitled to all the rights and privileges and subject to all the obligations of a natural child of such adopting parent or parents.
(b) For the purpose of descent and distribution, from and after the entry of such order of adoption, a legally adopted child shall inherit from and through the parent or parents of such child by adoption and from or through the lineal or collateral kindred of such adopting parent or parents in the same manner and to the same extent as though said adopted child were a natural child of such adopting parent or parents, but such child shall not inherit from any person entitled to parental rights prior to the adoption nor their lineal or collateral kindred, except that a child legally adopted by a husband or wife of a person entitled to parental rights prior to the adoption shall inherit from such person as well as from the adopting parent. If a legally adopted child shall die intestate, all property, including real and personal, of such adopted child shall pass, according to the statutes of descent and distribution of this state, to those persons who would have taken had the decedent been the natural child of the adopting parent or parents.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-22-101. Applicability of Definitions
§48-22-102. Abandonment Defined
§48-22-103. Adoptive Parents, Adoptive Mother or Adoptive Father Defined
§48-22-105. Birth Father Defined
§48-22-106. Birth Mother Defined
§48-22-107. Birth Parents Defined
§48-22-109. Determined Father Defined
§48-22-110. Legal Father Defined
§48-22-111. Marital Child Defined
§48-22-112. Nonmarital Child Defined
§48-22-113. Outsider Father Defined
§48-22-114. Putative Father Defined
§48-22-115. Relinquishment Defined
§48-22-116. Stepparent Adoption Defined
§48-22-117. Unknown Father Defined
§48-22-201. Persons Who May Petition for Decree of Adoption
§48-22-301. Persons Whose Consent or Relinquishment Is Required; Exceptions
§48-22-302. Timing and Execution of Consent or Relinquishment
§48-22-303. Content of Consent or Relinquishment
§48-22-304. Consent or Relinquishment by Infants
§48-22-305. Revocation of Consent or Relinquishment for Adoption
§48-22-306. Conduct Presumptively Constituting Abandonment
§48-22-401. Delivery of Child for Adoption; Written Recital of Circumstances
§48-22-501. Filing of Petition for Adoption
§48-22-502. Petition and Appendix
§48-22-601. Who Shall Receive Notice
§48-22-602. How Notice Is to Be Served
§48-22-603. Notice to an Unknown Father
§48-22-704. Finality of Order; Challenges to Order of Adoption
§48-22-801. Adoption of Adults
§48-22-802. Contracts Limiting or Restraining Adoptions
§48-22-901. Recognition of Foreign Adoption Decree
§48-22-902. Filing of Petition for Recognition of Foreign Adoption Decree
§48-22-903. Proceedings for Recognition of Foreign Adoption Decree