My husband was convicted in 2006 of statutory rape in the state of Georgia. He was only 18 at the time and his girlfriend was 15/16. When they broke up, her parents pressed charges. He is now living in West Virginia and is just getting ready to be released from his probation. He was originally sentenced to 2-10 years in prison. He served 1 year and 9 months in prison in Georgia. He was released on an interstate compact to return to his home state of WV to complete his probationary sentence. He is due to be released in November of this year.
We have been married for 6 year and are wanting to start a family.
I would not share any more information about the situation on this website but instead would seek the advice of an adoption attorney who can counsel you about the Home Study process. Part of that process is getting approval with a criminal conviction. Every State has different requirements (although many States overlap) so it is important to speak to someone who is knowledgeable in this area. Best of luck to you.
This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.
Each state may be different. Seek to have the charge expunged if your state doesn't allow felons to adopt.
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I recommend that you consult with an adoption attorney in West Virginia because you will finalize your adoption in West Virginia and will need to have a home study completed by a West Virginia adoption home study provider. Each state has regulations regarding adoption home studies and what kind of criminal history can prevent an individual or couple from adopting. The attorney should be the first step for you, even before you contact a home study resource.
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