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Parental Rights
West Virginia

Last Updated: 2026

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Question	Answer
Does the state allow for termination or limitation of parental rights when a child is born from rape?	Yes
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights?	Yes
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction?	No
What parental rights can be terminated or limited?	Limited: Custodial responsibility Parenting time
Are there any exceptions to the termination or limitation of a rapist’s parental rights?	Parenting time may be denied, unless by clear and convincing evidence, it is in the best interest of the child, the child and victim parent are adequately protected, and the person with custodial responsibility consents.
What other rights may be impacted by terminating a rapist’s parental rights?	N/A
What is the procedure for termination or limitation of parental rights in these circumstances?	Victim must petition the court
What proof do you have to show to terminate or limit the rapist parent’s parental rights?	Must show by Clear and Convincing Evidence that rapist parent was convicted of Sexual Assault in either the 1^st, 2^nd, or 3^rd degree and the child was conceived during the assault, and that termination is in the best interest of the child.
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights?	See Marriage and Co-Habitating exceptions below.
Does the law apply to both adult victims and underage victims?	Yes
Does the law have any exceptions for married or co-habitating victims?	Yes. Termination proceedings may be denied if: Married: married at the time of the offense and, after the date of conviction, cohabit and "establish a mutual custodial environment for the child;" or Co-habitate- If victim and rapist co-habit after the date of conviction, and "establish a mutual custodial environment for the child" However, if the parties later separate or divorce, this creates the rebuttable presumption that “exclusive or shared custodial responsibility of the child by the perpetrator of the offense is not in the best interests of the child.”
Can a court require the rapist parent to pay child support after parental rights have been terminated?	Yes
Statutory Citations	See, W. Va. Code, § 48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of a biological parent convicted of sexual assault or abuse; post-conviction cohabitation; rebuttable presumption upon separation or divorce WV ST § 48-9-209a(a)-Custody and Parenting Time