FAQs - Adoption Legal Services

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Who may place children for adoption?

A licensed child-placing agency, including private agencies and public agencies such as the Department of Social Services may place children for adoption. Parents or guardians of a minor child may place the child with the adoptive family of their choice.

Who may adopt?

Any person who lives in Virginia or any person who has custody of a child placed by a Virginia child-placing agency may adopt in Virginia. There is no distinction made between married couples and an unmarried individual or male and female unmarried individuals.

What types of children are eligible for adoption?

Children under the age of 14 may be adopted if the parental rights of their birth parents have been terminated or their birth parents are deceased. Any child who is over the age of 14 but under the age of 18 and an adult over the age of 18 must consent to his or her own adoption.

What is an agency placement adoption?

Agency placement adoptions occur when a licensed child-placing egency accepts custody of a child, typically immdediately following their birth, and the parental rights of the birth parents are terminated. Upon the termination of those rights, the child will be made available for placement with a suitable adoptive family.

What steps are taken to complete an agency placement adoption?

Once the parental rights of the birth parents have been terminated and the child has been placed by the agency in the home of the prospective adoptive family, the adoptive family seeks legal counsel to assist them with the remainder of the adoption process. The attorney will prepare the petition for adoption, an order of reference, an interlocutory order, if necessary, and the final order of adoption.

What is an Order of Reference?

An order of reference, which typically accompanies the petition for adoption, refers the adoption matter back to the child-placing agency. The agency has 90 days from receipt of the order to make a thorough investigation of the placement and report back to the court.

What is an Interlocutory Order?

If the child to be adopted has not been in the home of the adoptive parents for at least six months, the court will enter an interlocutory order. The order grants the adoptive parents all of the parental rights of a final order of adoption, but subject to a six-month probationary period. During this six-month period, the child-placing agency will make three additional visits with the adoptive parents to ensure that placement is going well. Once the six-month probationary period is over and the agency is satisfied that placement is in the best interests of the child, the final order of adoption may be entered.

What is parental placement adoption?

Parental placements adoptions occur when the birth parent(s) of an infant place their child with an adoptive parent or family and allow the adoptive parent or family to raise the child.

Parental placement adoptions may be "open" or "closed" adoptions, depending on the preference of the birth parents and the adoptive parents. An open adoption occurs when there has been an agreement among all parties to allow the birth parents to have conintued contact with the child. Such contact may range from the sharing of pictures and letters to active involvement in the child's life. A closed adoption occurs when an agreement is made stating that there will be no contact between the birth parents and the child once placement has been made with the adoptive family.

What is the ideal procedure for handling a parental placement adoption?

Immediately after the child's birth, all parties should sign and enter into an Entrustment Agreement. This agreement allows the adoptive parents to visit the child while in the hospital, to be involved in health care decisions regarding the child, to have authority to take the child upon discharge, and it reinforces the birth parents' decision to proceed with the adoption plan.

Once the child is at least 10 days old and a homestudy has been completed, the attorney for the adoptive parents will make arrangements to schedule a consent hearing in the Juvenile and Domestic Relations Court. At this hearing, the birth parent(s) will execute their consent to the adoption before the judge. The birth parents are then given 15 days to revoke their consent should they choose to do so. After this 15-day period has expired, the adoptive parents may file the petition for adoption with the Circuit Court.

Is the birth father required to appear in court?

If the birth father is not married to the birth mother, he may execute his consent outside of court and is not required to attend a hearing.

Under what circumstances can a birth parent's consent be revoked?

The birth parent(s) may revoke his or her consent within 15 days of signing the consent in court or consent shall be revocable prior to entry of the final order of adoption if the birth parent(s) can show proof of fraud or duress or if after the placement, the birth parent(s) and the adoptive parent(s) mutually agree in writing to return the child to his or her birth parent(s).

What happens when the birth father's identity or his whereabouts are unknown?

If the identity of the birth father is not reasonably ascertainable, the consent of the birth father is not typically required. If the birth father's whereabouts are unknown, he may be given notice of the adoption proceedings at his last known address and if he fails to object within 15 days, his consent is not required. If there is no last known address, an order of publication will be filed and if the birth father has not objected within 10 days after the completion of the execution of the order of publication, his consent is not required.

What is a stepparent adoption?

A stepparent adoption takes place when the birth parent or adoptive parent of a child marries or re-marries and wants their new spouse to become the legal parent of the child.

What steps are required in a stepparent adoption?

A stepparent adoption can be simple, provided the other birth parent is either deceased or consents to the adoption in writing. A hearing is generally not required, unless the court decides otherwise. Once the affidavit denying paternity, the consent, the affidavit by the birth mother that the birth father's identity is not reasonably ascertainable, the certified copy of the death certificate, or the affidavit of completion of the order of publication has been acquired and presented to the court, the final order of adoption may be entered.

What is an interstate adoption?

A child that is born in one state may be placed with an adoptive parent of family living in another state. In order to obtain an interstate adoption, one must be sure that all of the requirements of the Interstate Compact for the Placement of Children (ICPC) have been met and the adoption must be approved by the ICPC offices in both the sending and the receiving states. Interstate adoptions may be agency adoptions or parental placement adoptions.

What are the basic requirements for an interstate adoption?

There must be a social worker involved in the case to conduct the mandatory meeting and exchange of identifying information. The prospective parents must have a home study completed by a licensed agency from the receiving state and the parties must comply with the laws of both the sending and the receiving states.

What is an international adoption?

An intenational adoption occurs when a child born in a foreign country is placed for adoption with parents from the United States. The child may be placed by an agency or by their birth parent(s). The adoption may take place in the foreign country or there may be a foreign court that permits placement in the United States.

What is a "re-adoption"?

Once the child has been adopted in a foreign country, and the child and the adoptive parents have returned to the United States, the adoptive parents may desire to re-adopt the child in the United States. This is often done so that the family can have certified copies of a final order of adoption in English for school and travel purposes and also so the adoptive parents can have a United States birth certificate issued for the child.

What is a "homestudy"?

For most types of adoptions, a homestudy must be conducted on the prospective adoptive parent or family. A homestudy must be completed by a social worker from a licensed child-placing agency. The study consists of a detailed background check and includes at least three interviews with the adoptive parents, an assessment of their financial, moral, physical, and mental stability, and a physical inspection of their home. It also includes a criminal background check, child abuse check, and an autobiography of each parent(s). Three personal references are typically required. A homestudy should be completed prior to placement of the child.

How are the parental rights of the birth parents terminated?

Termination or relinquishment of a birth parent's parental rights is always required before an adoption can be finalized. This may be done by the agency in an agency placement adoption or voluntarily by the birth parents before a judge of a juvenile and domestic relations court in a parental placement adoption. The only type of adoption that does not require the termination or relinquishment of parental rights is the adoption of an adult over the age of 18.

How do I obtain a new birth certificate once the adoption has been finalized?

Your attorney will submit all necessary documentation to have a new birth certificate issued once the adoption has been completed. A new birth certificate is typically received within 6 to 12 weeks following finalization. Once the birth certificate is issued, it will be up to the adoptive parents to obtain a social security number and card.

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