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Frequently
Asked Questions Regarding Adoption
1. What Types of Adoptions are Recognized
in Virginia?
Adoptions in Virginia are governed by the applicable statutes of
the Virginia Code (statutes enacted by the Virginia General Assembly).
These laws provide for the following primary types of adoption:
Agency Placement - where a licensed child-placing agency
accepts custody of a child and places the child with a suitable
adoptive family or parent.
Direct/Parental Placement - where the child's parent or legal
guardian places the child in a family home.
Stepparent Adoption - where the spouse of the birth parent
of a child seeks to adopt the child.
The laws of Virginia also provide for adult adoptions, interstate
adoptions, international adoptions, foster care placement adoptions,
and special needs adoptions.
2. What Steps are Involved in Adoption of
a Minor Child?
Adoption in Virginia generally requires involvement of both the
juvenile and domestic relations court as well as the circuit court
in the appropriate jurisdiction. The following is an overview of
the steps which vary depending on the type of adoption and whether
the birth parents consent.
a. Home Study - In most cases, a social worker must conduct a
home study (detailed background check on the family) to make sure
the placement is suitable.
b. Identification of a Child - In the case of an agency placement
adoption where the child is not previously identified, the agency
and prospective parents begin locating a child.
c. Termination of Parental Rights - Before any adoption can take
place, the rights of the birth parents must be terminated - either
voluntarily or involuntarily. In general, the juvenile and domestic
relations court has jurisdiction over the termination of parental
rights.
d. Filing of Petition - A petition for adoption is filed in the
appropriate jurisdiction in circuit court.
e. Decree of Reference - In most adoptions, the circuit court
will enter an order directing the placement agency or social worker
to complete an investigative report. In stepparent adoptions,
the court may omit the decree of reference and proceed directly
to a final order where the other (noncustodial) birth parent has
died or has consented in writing, or where the birth mother swears
under oath in writing that the father's identity is unknown.
f. Final Order - The adoption is final upon entry of a final order.
This order terminates the rights of the birth parents and grants
the adoptive parents the appropriate legal rights and authority
over the child.
3.
Can a Final Order of Adoption be Rescinded?
After the expiration of six months from the date of entry of the
final order of adoption, it cannot be rescinded. That means it is
not subject to attack for any reason.
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Co. presents the information in this website as a service to our
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information contained in these web pages is not legal advice. The
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