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The 5 Virginia Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Virginia adoption laws you need to know about when considering this for your family.
Top 5 Virginia Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Virginia?
A father’s consent to adoption is required if:
- He is acknowledged as the father under the law
- He is adjudicated as the father under the law
- He is a presumed father under the law, or has registered with the Virginia Birth Father Registry
Va. Code Ann. §§ 63.2-1202, 63.2-1241 (2020)
Consent is not required of the father if:
- He denies paternity under oath and in writing
- His parental rights are terminated
- The child was conceived in rape; or
- The father, without cause, has failed to contact the child for 6 months preceding filing for adoption
- Failure to appear at the hearing constitutes a waiver of the right to consent to the adoption.
Va. Code Ann. § 63.2-1202 (2020)
Virginia has a putative father registry and a putative father who wishes to be notified of adoption or termination of parental rights, must register before the birth of the child or within ten days of the birth of the child. Failure to register waives all rights regarding the child unless the father is an acknowledged, presumed, or adjudicated father.
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a Virginia adoption?
An expectant mother may accept money towards adoption services, medical expenses, living expenses, legal expenses, and transportation.
Separate Legal Representation
Will I be offered my own Virginia adoption lawyer?
When a parent enters an adoption agreement involving the laws of another state, “any waiver of consent made pursuant to this subsection shall be made under oath and in writing, and shall expressly state that the birth parent has received independent legal counsel from an attorney licensed in the Commonwealth of Virginia”
Open Adoption
How does Open Adoption work in Virginia?
A post-adoption contact agreement shall include a statement by the birth parents acknowledging that failure to comply with the agreement does not affect the validity of the adoption, and an acknowledgement by the adoptive parents that the birth parents may seek enforcement of the agreement. The agreement shall be filed with other documents with the court having jurisdiction over the adoption. The agreement may be approved if the court finds it is in the child’s best interest, the parties consent, the guardian ad litem recommends the agreement, and the child consents if the child is over the age of fourteen years old. The birth parents or adoptive parents may file for enforcement or modification and the court may appoint a guardian ad litem to represent the child. The court may only grant a modification if the moving party shows that there has been a change in circumstance and the agreement is no longer in the best interest of the child.
Va. Code Ann. §§ 63.2-1220.2, 63.2-1220.3, 63.2-1220.4 (2020)
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Virginia?
How does the legal process for adoption work in Virginia?
Consent may be given three days after the birth of the child in the presence of the court.
Va. Code Ann. § 16.2-1233 (2020)
How long will I have to change my mind about adoption in Virginia?
Consent is revocable before a finalized adoption if there is proof of fraud or duress.
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