Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Virginia may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Virginia child adoption law including such topics as advertising, use of adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent,
Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Code §§ 63.2-1218; 63.2-1225
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. No person shall
advertise or solicit to perform any activity prohibited by this section.
A physician, attorney, or clergyman shall not charge any fee for recommending [a placement of a child for adoption] to a board or agency and shall not advertise that he or she is available to make such
recommendations.
Use of Intermediaries/Facilitators
Citation: Ann. Code § 63.2-1218
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:
Reasonable and customary services provided by a licensed or duly authorized child-placing agency and fees paid for such services
Payment or reimbursement for medical expenses, reasonable and necessary living expenses for the birth mother, reasonable expenses incurred incidental to any required court appearance including, but not
limited to, transportation, food, and lodging
Usual and customary fees for legal services in adoption proceedings
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 63.2-1218
Medical expenses and insurance premiums that are directly related to the birth mother's pregnancy and hospitalization
Mental health counseling for the birth mother and birth father
Reasonable and necessary expenses for food, clothing, and shelter when the birth mother is unable to work due to her pregnancy
Reimbursement for expenses incurred incident to any court appearance, including but not limited to food, lodging, and transportation
Fees for legal services
Transportation to any of the services provided
Birth Parent Expenses Not Allowed
Citation: § 63.2-1218
Fees determined to be in excess of usual or customary
Allowable Payments for Arranging Adoption
Citation: § 63.2-1218
No person or agency shall charge or accept payment in connection with an adoption unless it is for a service that is specifically allowed by statute.
Allowable Payments for Relinquishing Child
Citation: § 63.2-1232(4)
All parties must understand that no binding contract regarding placement or adoption of the child exists based on any financial agreement.
Accounting of Expenses Required by Court
Citation: § 63.2-1232(4)
Any financial agreements or exchange of property among the parties, and any fees paid or charged, must be disclosed to the court.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code §§ 63.2-1202; 63.2-1241
Consent shall be executed by:
The birth mother
Any man who:
Is an acknowledged father under § 20-49.1
Is an adjudicated father under § 20-49.8
Is a presumed father
Has registered with the Putative Father Registry pursuant to § 63.2-1249 et seq.
Is a putative father but who has not registered with the Putative Father Registry, if his identity is reasonably ascertainable
The child-placing agency or the local board having custody of the child, with the right to place the child for adoption, through court commitment or parental agreement
An agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates
In a stepparent adoption, the adoption may be granted when:
The noncustodial birth parent consents, under oath, in writing to the adoption
The mother swears, under oath, in writing, that the identity of the father is not reasonably ascertainable, rendering his consent unnecessary
The putative father named by the mother denies paternity of the child, rendering his consent unnecessary
The child is age 14 or older and has lived in the home of the person desiring to adopt the child for at least 5 years
The noncustodial birth parent is deceased
The noncustodial birth parent executes a denial of paternity under oath and in writing
The noncustodial birth parent:
Is not an acknowledged father
Is not an adjudicated father
Is not a presumed father
Is not a putative father who has registered with the Putative Father Registry and the putative father's identity is not reasonably ascertainable
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 63.2-1202
Consent must be executed by the child if he or she is age 14 or older, unless the circuit court finds that the best interests of the child will be served by not requiring such consent.
When Parental Consent is not Needed
Citation: Ann. Code § 63.2-1202
No consent shall be required:
Of a birth father if he denies under oath and in writing the paternity of the child
When the birth father is convicted of rape, statutory rape, or incest or an equivalent offense of another State or any foreign jurisdiction, and the child was conceived as a result of such violation
Of any person whose parental rights have been terminated by a court of competent jurisdiction
Of a birth parent who, without just cause, has neither visited nor contacted the child for a period of 6 months prior to the filing of the petition for adoption
The failure of the nonconsenting party to appear at the scheduled hearing, either in person or by counsel, after proper notice has been given, shall constitute a waiver of any objection and right to consent
to the adoption.
When Consent Can Be Executed
Citation: Ann. Code §§ 63.2-1202; 63.2-1233
A birth father not married to the mother of the child may consent to the termination of all of his parental rights prior to the birth of the child.
In a direct parental placement, the adoptive child must be at least in the third calendar day of life before the birth parents can execute consent before the juvenile and domestic relations court.
The execution of consent before the juvenile and domestic relations district court shall not be required of a birth father who is not married to the mother of the child at the time of the child's conception
or birth if the birth father consents under oath and in writing to the adoption.
Revocation of Consent
Citation: Ann. Code §§ 63.2-1204; 63.2-1223; 63.2-1234
Parental consent to an adoption shall be revocable prior to the final order of adoption under these conditions:
Upon proof of fraud or duress
After placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents
A valid entrustment agreement terminating all parental rights and responsibilities to the child shall be revocable by either of the birth parents until the child has reached the age of 10 days, and 7 days
have elapsed from the date of execution of the agreement. In addition, a valid entrustment agreement shall be revocable by either of the birth parents if the child has not been placed in the physical custody
of adoptive parents at the time of such revocation. Revocation of an entrustment agreement shall be in writing and signed by the revoking party. The written revocation shall be delivered to the child-placing
agency or local board to which the child was originally entrusted.
In a direct parental placement, consent shall be revocable 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.
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.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 63.2-1202; 63.2-1222
The putative father must object to adoption proceedings within 21 days of the mailing of the notice of such proceedings.
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