Adoption law is a complex and fast-evolving field, and Virginia adoption law differs from other states in several key areas. Below are short answers to some of the most commonly asked questions, although in many cases the full implications of the law will depend on the details of your specific case.
WHAT FORMS OF ADOPTION ARE LEGALLY RECOGNIZED IN VIRGINIA?
Two types of adoptive placements are allowed by Virginia Law: agency placements and non-agency placements.
- Agency placements involve children in the custody of social services departments or state-licensed foster or child-placement agencies. Once parental rights to these children have been terminated, then the agency has the authority to place them for adoption.
- Non-agency placements involve children who are not in the custody of state departments but are direct placements made by birth parents typically with the assistance of a licensed child placement agency or adoption attorney. Birth parents or guardians consent to the adoption and their parental rights are terminated by court order.
WHAT FORMS OF ADOPTION DOES NON-AGENCY PLACEMENT INCLUDE?
Non-agency adoptions include:
- Parental placement adoptions, where a placing parent places their own child (often a newborn infant) with an adoptive parent or parents.
- Step-parent and second-parent adoption, where a child to whom one parent or guardian has lost or ceded parental rights is adopted by a spouse, long-term domestic partner, or other party with a legitimate interest in the child.
- Relative adoptions, where the parent(s) or guardian(s) consent to the adoption of a child by a relative.
- Adult adoptions, when a person age 18 or above is adopted by one or more people.
WHO CAN ADOPT UNDER VIRGINIA LAW?
You can choose to adopt in Virginia if you are:
- A married couple seeking to adopt jointly
- An unmarried individual
- Previously married individuals where one served as a step-parent to the child but a step-parent adoption was not done during the marriage
- A spouse or partner of an existing parent
- A grandparent or other relative, or former spouse or partner, or any individual who can show a continuing “legitimate interest” in the child’s wellbeing
- A person who has custody of a child placed with them by a state-licensed or private adoption agency
- A person seeking to adopt an individual age 18 or older, subject to certain statutory requirements
HOW OLD DO YOU NEED TO BE TO ADOPT IN VIRGINIA?
Under Virginia law you must be at least 18 years old to adopt a minor child.
HOW MUCH DOES ADOPTION COST?
The cost of adoption varies greatly and you can learn more by reading our article here.
IS ADOPTION BY UNMARRIED COUPLES LEGAL IN VIRGINIA?
If one parent is the legal or biological parent of the child, then the other parent or any person with a legitimate interest in the child, even if not married to the legal or biological parent, can adopt under the second parent adoption statutes. Unmarried couples cannot jointly adopt at the same time if neither is the biological or legal parent of the child. However, one parent can adopt as a single parent and then the other parent, to whom the first parent is not married, can accomplish a second-parent adoption.
DOES GETTING MARRIED MAKE YOU THE PARENT OF YOUR SPOUSE’S CHILD?
Marrying the birth parent or guardian of a child does NOT mean you automatically gain parental rights over that child. Provided no other birth parent or guardian retains parental rights, you can apply to adopt your spouse’s child or children under Virginia’s step-parent adoption laws.
IS ADOPTION BY MARRIED SAME-SEX PARTNERS LEGAL IN VIRGINIA?
Joint adoption by married same-sex partners is legal in Virginia given the recognition of legal same-sex marriage.
HOW IS A CUSTODY ORDER DIFFERENT THAN AN ADOPTION ORDER?
An adoption order makes the adoptor a full, legal parent while a custody order grants custodial rights but does not make the custodian a full, legal parent.
HOW LONG DOES A TYPICAL ADOPTION TAKE?
Adoption times vary widely and depend on the type of adoption you are undertaking.
Parental placement adoptions can be finalized in as little as three months from the time that the child is placed with the adoptive parents. Private agency adoptions typically take six-seven months to finalize however, there is a process that can take as little as four months.
Relative adoptions when the child has not been in the home for at least two years, typically take four to seven months to finalize. If the child has been in the home for more than two years, a relative adoption can take as little as three to four months to finalize.
Uncontested step parent and second parent adoptions can be finalized in two to four months.
Adult adoptions also can be finalized in two to four months.
For foster care adoptions, typically the child must be in the adoptive parents home a minimum of six months and the adoption process takes longer.
International adoptions, involving extensive travel, background checks, surviving relative searches, and immigration proceedings typically take two years or more.
HOW DO YOU GO ABOUT PLACING YOUR NEWBORN CHILD FOR ADOPTION?
A potential placing parent should reach out to an experienced adoption attorney to explore their options and understand the difference between a direct parental placement versus an agency placement.
It’s important to begin planning as soon as possible after ascertaining you are pregnant so you can work with your attorney to select the right adoptive family and be educated on the legal process including post-adoption continued contact options.
CAN A PLACING PARENT CHANGE HER MIND ABOUT ADOPTION?
A placing mother in a parental placement in Virginia, typically has seven days to revoke her consent unless the child is ten days old and she has her own legal counsel in which event she can waive the seven day revocation.
A placing mother in an agency adoption in Virginia, has seven days to revoke her entrustment or until the child is ten days old, whichever is longer.
WHAT IS AN ENTRUSTMENT VERSUS A CONSENT?
In Virginia, an entrustment is signed in an agency adoption whereby the placing parent “entrusts” the child to the agency to place with an adoptive family. Normally, the placing parent selects or designates the adoptive family and then the agency later consents to the adoption.
On the other hand, the placing parent in a parental placement signs a consent placing the child directly with the adoptive family. Legal and physical custody is transferred directly from the placing parent to the adoptive family by virtue of consent.
WHAT IS A POST-ADOPTION CONTINUED CONTACT AGREEMENT?
An ongoing continued contact agreement is a legally binding contract that governs ongoing contact between adoptive parents and a child’s placing parents. In Virginia, this is known as a Post Adoption Continued Contact Agreement (PACCA).
PACCAs usually apply to open adoption of newborns and allow placing parents to receive letters, pictures or Facebook updates about their child and in some cases even enjoy occasional, supervised visits.
WHAT RIGHTS DO BIRTH FATHERS HAVE?
Birth fathers enjoy almost all of the same rights as birth mothers provided they are known or legally recognized to be the father of the child. If a man wishes to assert parental rights over any child he believes he might have fathered, he can register on Virginia’s Birth Father Registry. This requires him to be contacted in the case of any adoption proceedings. A placing father in Virginia can sign an out of court consent or entrustment prior to the birth of the child.
WHAT IS POST-PLACEMENT SUPERVISION?
Parental, private agency, and foster care adoptions require post placement visits to ensure the child is thriving and the adoptive parents are still able to provide the necessary level of care and supervision. In Virginia, this typically requires three visits with 90s days before the first and third visit.
HOW DO INTERNATIONAL ADOPTIONS DIFFER FROM DOMESTIC ADOPTIONS?
Adopting a child from another country is a far more complex and time-consuming process than seeking a domestic adoption. It not only takes longer but it also is the most expensive type of adoption. You also may know far less about your child’s medical and family background than you would in a domestic adoption.
It is very difficult to adopt newborns from other countries. Most international adoptions are for infants between nine months and older. International adoptions can take years to conclude, which includes the time to check for remaining relatives in the home country, navigating visa requirements, and of course the significant travel on your part.
QUINN LAW CENTERS: YOUR VIRGINIA ADOPTION EXPERTS
Every successful adoption is the result of months or even years of planning, consultation, and cooperation. Having expert legal assistance at every stage of your journey is critical to laying the foundation for the successful building of a family.
At Quinn Law Centers we know that every case is different. We’re ready to help you understand how the law in Virginia applies to your particular situation and to assist with all types of adoption including:
- Parental placements
- Agency adoptions
- Adoptions from foster care
- Step parent and relative adoptions
- Adult adoptions
- Adoption across state lines
- Re-adoptions from the countries
We offer detailed initial consultations and can also assist with adoption search services.
Colleen M. Quinn is the founder of the Adoption and Surrogacy and Law Center at Quinn Law Centers and a pioneer in Virginia’s fast-evolving family and adoption law landscape. Click below to learn more about Colleen’s years of experience and approach in helping both placing and prospective adoptive parents navigate the adoption process in Virginia.