Virginia

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Virginia

Who may adopt?
A resident of the State.
A husband and wife jointly.
A stepparent.
An unmarried adult.

Consent for adoption to be executed?
A hearing is held within 30 days of the filing of a petition for voluntary termination of parental rights, but not before the birth of the child.

Revocation of consent?
Generally consents are irrevocable, but a parent who has consented to termination may, within 1 year, petition for relief on grounds i.e., mistake, newly-discovered evidence, fraud, misrepresentation, or misconduct. See the statute for detailed exceptions to the 1-year provision.

Who may place a child for adoption?
A parent having custody of the child.
The department.
A licensed child-placing agency.

Advertising?
No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service, or other thing of value in connection with a placement or adoption. No person shall advertise or solicit to perform any activity prohibited by this section.
A physician, attorney, or clergyman shall not charge any fee for recommending [a placement of a child for adoption] to a board or agency and shall not advertise that he or she is available to make such recommendations.

Facilitators?
No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service, or other thing of value in connection with a placement or adoption or any act undertaken pursuant to this chapter except:

  • Reasonable and customary services provided by a licensed or duly authorized child-placing agency and fees paid for such services
  • Payment or reimbursement for medical expenses, reasonable and necessary living expenses for the birth mother, reasonable expenses incurred incidental to any required court appearance including, but not limited to, transportation, food, and lodging
  • Usual and customary fees for legal services in adoption proceedings

Putative Father's Registry?
No. The putative father may file a declaration of parental interest at any time, except after termination of the putative father's parental rights.
The declaration must be in writing and signed by the putative father.

Expenses?
Birth parent-
Pre- and post-adoptive counseling.
Maternity clothes.
Local transportation.
Medical and hospital care.
Legal services.
Living expenses up to $1,000 when necessary to protect the health and welfare of mother or fetus but not to include lost wages or living expenses while receiving medical care.
Birthing classes.
A gift to the mother, not to exceed $50 in value.
Statute outlines payment procedure to out-of-state adoptions.

Department/Agency –
Fees may be charged for services provided or investigations completed.
The department may charge a fee of $75 to review foreign adoption
documents and provide certification.

Information provided in part by the Child Welfare Information Gateway.

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Credits: Sandra Hanks Benoiton

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