Legal Summary

Adoption rules in Virginia are set forth in the Code of Virginia in Title 63.2.

Who : Children can be placed for adoption by

• a licensed child – placing agency;
• a local board;
• the child's parent or legal guardian;
• an authorized agency outside the Commonwealth of Virginia

Where :

• Filed in Circuit Court where the petitioner resides; in the city where the child – placing agency is located or in the city where the birth parent executed a consent pursuant to statute.

Consent :

• A petition for adoption will not be granted unless it is accompanied by a written consent.
  
  The consent of a birth parent who has directly placed his/her child shall be accepted by the Juvenile and Domestic Relations District Court after the adoptive child is at least three (3) days old. This is done in the presence of the prospective adoptive parents. The judges will not accept the consent, however, until he/she is satisfied that:
1. The birth parent(s) are aware of alternative to adoption, adoption procedures, and opportunities for
2. placement with other adoptive families, and that the birth parents' consent is informed and uncoerced.
3. A licensed or duty authorized child-placing agency has counseled the prospective adoptive parents with regard to alternative to adoption, adoption procedures, including the need to address the parental rights of birth parents, the procedures for terminating such rights, and opportunities for adoption of other children; that the prospective adoptive parents' decision is informed and uncoerced; and that they intend to file an adoption petition and proceed toward a final order of adoption.
4. The birth parent(s) and adoptive parents have exchanged identifying information including but not limited to full names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the child, unless both parties agree in writing to waive the disclosure of full names and addresses.
5. Any financial agreement or exchange of property among the parties and any fees charged or paid for services related to the placement or adoption of the child have been disclosed to the court and that all parties understand that no binding contract regarding placement or adoption of the child exists.
6. There have been no violation of the provisions of 63.2 – 1218 in connection with the placement; however, if it appears there has been such violation, the court shall not reject consent of the birth parent to the adoption for that reason alone but shall report the alleged violation as required by 63.2-1219.
7. A licensed or duty authorized child-placing agency has conducted a home study of the prospective adoptive home in accordance with regulations established by the Board and has provided to the court a report of such home study, which shall contain the agency's recommendation regarding the suitability of the placement. A married couple or an unmarried individual shall be eligible to receive placement of a child for adoption.
8. The birth parent(s) have been informed of their opportunity to be represented by legal counsel.

The court then transfers custody to the prospective adoptive parents pending notification to any non-consenting birth parents follows:

No execution before the court required of a birth father is he consents in writing under oath to the adoption.

The consent is not required if the putative father denies paternity in writing under oath or if he does not register with the Putative Father Registry. If his identity is reasonably ascertainable, you must verify compliance with the Registry to the court.

If notice is required, it must be given by certified mail. If there is no objection within 15 days of mailing, consent is not required.

The court can accept the father's consent at the time of conception or birth.

Either the mother or the father's consent can be executed before the court.

If a child is born to a married birth mother, the child is presumed to be the husband's. His consent is required unless the court finds that it is withheld contrary to the best interests of the child or is unobtainable.

• If both parents are deceased, the court can proceed without a consent.
• A birth father may consent to adoption prior to the birth of the child.
• No consent shall be required of a birth parent who, without just cause, has neither visited nor contacted the child for a period of six months prior to the filing of the petition. The parent still has a right to notice.

Consent Revocable :

Consent shall be revocable as follows:

1. 1. By either consenting birth parent for any reason for up to 10 days from its execution. Once the child is 10 days old, no executed consent can be withdrawn.
1. Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the juvenile and domestic relations district court, within the rime period specified in this section. If the revocation period expires on a Saturday, Sunday legal holiday or any day on which the clerk's office is closed as authorized by statute, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk's office is closed as authorized by statue.
2. Upon the filing of a valid revocation within the time period set out in this section, the juvenile and domestic relations district court shall order that nay consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district court shall determine custody of the child as between the birth parents.
2. 2. By any party prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents.

Prohibitions :

No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service or other thing of value in connection with a placement or adoption or any act undertaken pursuant to this chapter except (i) reasonable and customary services provided by a licensed or duty authorized child-placing agency and fees paid for such services; (ii) payment or reimbursement for medical expenses and insurance premiums that are directly related to the birth mother's pregnancy and hospitalization for the birth of the child who is the subject of the adoption proceedings, for mental heath counseling received by the birth mother or birth father related to the adoption, and for expenses incurred for medical care for the child; (iii) payment or reimbursement for reasonable and necessary expenses for food, clothing, and shelter when, upon the written advice of her physician, the birth mother is unable to work or otherwise support herself due to medical reasons or complications associated with the pregnancy or birth of the child; (iv) payment or reimbursement for reasonable expenses incurred incidental to any required court appearance including, but not limited to, transportation, food, and lodging; (v) usual and customary fees for legal services in adoption proceedings; and (vi) payment or reimbursement of reasonable expenses incurred for transportation in connection with any of the services specified in this section or intercountry placements as defined in 63.2-100 and as necessary for compliance with state and federal law in such placements. No person shall advertise or solicit to perform any activity prohibited by this section. Any person violating the provisions of this section shall be guilty of a Class 6 felony. The Commissioner is authorized to investigate cases in which fees paid for legal services appear to be in excess of usual and customary fees in order to determine if there has been compliance with the provisions of this section.

Close Relative Adoption :

(Less than 3 years)

• Adoption by the child's grandparent, great-grandparent; adult nephew or niece; adult brother or sister; adult uncle or aunt or adult great uncle or aunt.
• The court may accept the written and signed consent.
• Shall commence in the J & DR Court.
• Requires a home study.

Close Relative Adoption :

(3 years or more)

• Commences in the Circuit Court.
• No need for home study.

Adult Adoptions :

Applies to:

• A stepchild 18 years or older to whom he has stood in loco parentis for a period of at least three months;
• An adoption of a close relative as defined by statute 18 years or older;
• Any person over the age of 18 who is the birth child of petitioner or who had resided in home of petitioner for at least 3 months before turning 18;
• Any person 18 or over, for good cause shown, provided that the person to be adopted is 15years younger that the petitioner and the parties have known each other for at least one year.

Adoption Records :

Adoption records are confidential and are not open for public viewing.

A process has been established, however, for adoptions finalized on or after July 1, 1994 whereby an adopted persons 21 years of age, the adopted person's birth parents or siblings may apply to the Commission of the Department of Social Services for the disclosure of identifying information from the adoption file. Upon a finding of good cause, the Commission will reveal the data, if it can be located. If the Commission does not respond or denies the request, the party can go to the Circuit Court to request relief.

"Good cause" means a showing of a compelling and necessitous need for the identifying information.

If the identity and whereabouts of the adopted person and adoptive parents are known to the person or agency, the circuit court may require the person or agency to advise the adopted person and adoptive parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the circuit court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth family. The adopted person and the birth family may submit to the circuit court, and the circuit court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.

When consent of the adopted person is not obtainable, due to the death or mental incapacity of the adopted person, the circuit court may release identifying information to the birth parents or adult birth siblings. In making this decision, the circuit court shall consider the needs and concerns of the birth parents or adult siblings and the adoptive family if such information is available, the actions the agency took to locate the adopted person, the information in the agency's report and the recommendation of the agency.

In any case where a physician or licensed mental health provider submits a written statement, in response to a request from the adult adoptee, adoptive parent, birth parent or adult birth siblings, indicating that it is critical that medical, psychological or genetic information be conveyed, and states clearly the reasons why this is necessary, the agency that made the investigation shall make an attempt to inform the adult adoptee, adoptive parents, birth parents or adult birth siblings, whichever is applicable, of the information. The Commissioner shall provide information from the adoption record to the searching agency if necessary to facilitate the search. Confidentiality of all parties shall be maintained by the agency.

In cases where at least one of the adoptive parents and one of the birth parents agree in writing to allow the agency involved in the adoption to exchange nonidentifying information and pictures, the agency may exchange this information with such adoptive parents and birth parents when the whereabouts of the adoptive parents and birth parents is knows or readily accessible. Such agreement may be entered into or withdrawn by either party at any time or may be withdrawn by the adult adoptee.

In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is eighteen years of age or older, and a birth parent who executed a written consent to the adoption.

Putative Father Registry :

A Putative Father Registry was established as a part of the Virginia Department of Social Services.

If a man fails to register and is not a presumed father by statute or determined to be the father by court proceedings, the he waives all rights unless he is led to believe through the birth mother's fraud that (i) the pregnancy was terminated of the mother miscarried when in fact the baby was born, or (ii) that the child died when in fact the child is alive. Upon discovery of the fraud, the man shall register with the Putative Father Registry within ten days.