VIRGINIA

 Any natural person who lives in the State may adopt. A married couple mustjointly adopt, unless the spouse who is adopting is the stepparent, then thespouse can adopt without the other spouse joining.

Who Can Be Adopted?

 Any child can be adopted. A person over the age of 18 can be adopted, if theadoptee: is the stepchild and has lived with the stepparent for 3 months, isthe niece or a nephew and has no living parents and has lived with the adoptiveparent for 3 months, is the natural child of the adoptive parent and has livedwith the adoptive parent for 3 months, or, is at least 15 years younger thanthe adoptive parent and they have known each other for 5 years and were bothresidents of the State during that period, and for good cause shown.

Consent to Adoption

 The following parties must give written consent to the adoption:

 (1) the parents of a child born in wedlock, but if the parents are divorcedand one of the parents' rights have been terminated, that parent does not haveto consent to the adoption;

 (2) the parents of a child born out of wedlock;

 (3) the child-placing agency or other agency having custody of the child;and

 (4) the adoptee who is 14 years of age or older, unless the court waives theadoptee's consent.

 (5) If the court finds that the consent of any person is withheld contrary tothe best interest of the child or if personal service is unattainable then thecourt may waive the consent;

 The consent of the father of a child born out of wedlock is not required if

 (1) the identity of the father is not readily ascertainable; or

 (2) he is given notice and fails to object to the adoption.

 If the court finds that any required consent is withheld contrary to the bestinterests of the child, the court may grant the adoption without the consent.Consent can be given 10 days after the birth of the child.

 Parental consent to adoption is revocable prior to the final order of adoptionif it is proven that the consent was given under fraud or duress or if both theadoptive parents and the biological parents approve of revocation of consent.

Confidentiality

 The records of all adoptions shall be confidential and may be disclosed upon acourt order. Any adult adoptee has the right to demand from the State orchild-placing agency information regarding the adoptee's parents orrelatives.

 Nonidentifying information shall not be opened by anyone except the adoptee,if 18 years of age, the adoptive parents, or the child-placing agency. Noidentifying information shall be disclosed except upon application of an adultadoptee upon court order and after a hearing by the applicant for this order.If the identity and whereabouts of the adoptive and biological parents areknown, then the court may require that the biological and adoptive parents beadvised of the pendency of the order.

Permissible Fees

 No person or child-placing agency shall charge, pay, give, or agree to give oraccept any money, property, service, or other thing of value in connection witha placement for adoption, except for reasonable and customary services providedby a licensed child-placing agency, fees paid for such service, and payment formedical, transportation, or legal expenses. Any fees charged must be disclosedto the court.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parentlives or where the child-placing agency is located.

Authority To Place Child

 A licensed child-placing agency, a local board of public welfare or socialservices, the child's parent or legal guardian if the placement is directly tothe adoptive parents, or an agency outside of the State which is licensed toplace children for adoption are all authorized to place the child. When aparent or legal guardian places the child, they must execute a valid consentbefore a court, which will be accepted only after the court determines certaincondition have been met (e.g., home study conducted by a licensed agency,counseling was received on adoption alternatives).

Relative Adoption

 There are no provisions in the law regarding relative adoptions.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney ReferralService

Virginia State Bar
801 East Main, Suite 1500
Richmond, VA 23219
(804) 775-0500
Virginia Bar Association
701 East Franklin Street, #1515
Richmond, VA 23219
(804) 644-0041

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