Virginia's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Virginia

Statute: § 63.2-1515

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Treatment Providers

Persons without access to records

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Subject of Reports

• Public/Any Person

Other Volunteer programs Local school boards Disclosure in accordance with State Board regulations

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

In the case of a private adoption, the consent may be signed 10 days after the birth of the child. If using an adoption agency, the consent may be signed any time.

Pre-consents are not allowed in the state of Virginia.

Revocation Time Frame in Virginia

The consent may be revoked up to 10 days after signing if the child is a newborn, or up to 15 days after signing if it is an older child.

Parties to an Adoption

Virginia

• Any resident

• A husband and wife jointly

• A stepparent

• A minor child

• An adult if:

o A stepchild

o A niece or nephew

o Has resided in the home for 3 months prior to majority

o For good cause shown, provided that the petitioner is at least 15 years older

• A licensed child-placing agency

• A local board of social services

• The child's parent or legal guardian

• An out-of-state agency that is licensed by that State, but any entrustment agreement must comply with Virginia law to be

valid

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

Virginia

1. • Medical expenses and insurance premiums that are directly related to the birth mother's pregnancy and hospitalization
2. • Mental health counseling for the birth mother and birth father
3. • Reasonable and necessary expenses for food, clothing, and shelter when the birth mother is unable to work due to her pregnancy
4. • Reimbursement for expenses incurred incident to any court appearance, including but not limited to food, lodging, and transportation
5. • Fees for legal services
6. • Transportation to any of the services provided

 Fees determined to be in excess of usual or customary

 No person or agency shall charge or accept payment in connection with an adoption unless it is for a service that is specifically allowed by statute.

All parties must understand that no binding contract regarding placement or adoption of the child exists based on any financial agreement.

Allowable Fees Charged by Department/Agency Statute: § 63.2-1248

1. • Local departments of social services shall assess fees for home studies, investigations, visits, and reports.
2. • The fee charged shall not exceed the actual cost of the service.

Accounting of Expenses Required by Court Statute: § 63.2-1232(4)

 Any financial agreements or exchange of property among the parties, and any fees paid or charged, must be disclosed to the court.

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

Virginia

1. • Director of social services
2. • Child placement agency

1. • Physical and mental condition
2. • Circumstances under which child came to be placed with adoptive family
3. • Suitability of child for the prospective parents

1. • Reasons for placing child for adoption
2. • Whether parents have abandoned the child or are morally unfit to have custody
3. • Physical, mental, social, and psychological history, if known

1. • Financial ability
2. • Moral suitability
3. • Whether the parent is in satisfactory health and mental condition to care for the adopted person

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.