VIRGINIA ADOPTION LAWYER

Adoptions are never easy. As a Virginia adoption lawyer, I have represented clients in Virginia courts. Let us represent your adoption case in court.   

Read below how to win your adoption case:

Adoption doesn’t just impact the size and structure of your family, there are also important legal ramifications.

Make sure you know what to expect before filing a petition for adoption in Virginia.

Adoptions are only permitted under very specific circumstances, so it is essential to understand the rights of everyone involved.
Adoption occurs when someone assumes the legal and physical rights of another person.

This person can be a child or an adult.

The rights of the biological parents are terminated and transferred to the adoptive parents.  

As in any other domestic case, each case is different, and the process may differ from one case to another.

Make sure to contact our Virginia adoption lawyer, who is experienced with Virginia Adoption Laws § 63.2-1241, to discuss your case at 703-786-8340.

What Are the Different Types of Adoption? Explained by Our Virginia Adoption Lawyer:

Under Virginia law, there are many types of adoption and each has different requirements.

The most common types are Agency Placement Adoption, Step-Parent Adoption, and Close Relative Adoption.

Other types of adoption are Parental Placement Adoption, Adult Adoption, Intrastate Adoption, International Adoption, Foster Care Placement Adoption, and Special Needs Adoption.

Talk to a Virginia adoption lawyer who practices adoption law in Virginia to decide what type of adoption applies to your case and what are steps you need to follow.

What is the Agency Placement Adoption in VA?

Agency placement adoption occurs when a state-licensed agency takes over the physical and legal custody of a child after the parental rights of the child.

It is at the agency’s discretion to assign the legal and physical rights of the child to another family.

Adoption agencies may include any local department of social services or licensed child-placing agency.

How Is Parental Placement Adoption In Virginia Different From the Agency Placement for Adoption?

In parental placement, the biological parents have the opportunity to choose the adoptive parents rather than the licensed agency.

After you locate and identify the child up for adoption, there must be a termination of the biological parent’s rights.

The termination of parental rights occurs in the Juvenile and Domestic Relations Court.

An agency will terminate these rights when they receive consent from the biological parents.

After the child is born, there are three steps to acquire the rights of the child.

These include developing an entrustment agreement, holding a consent hearing, and submitting a final order of adoption.
The entrustment agreement gives medical rights and authority over the child to the petitioning parent and develops a formal agreement to pursue the adoption.

Afterward, a consent and custody hearing will take place in the Juvenile and Domestic Relations Court.
The purpose of the consent hearing is to terminate the rights of the biological parents.

A custody order will be issued from the Court awarding both physical and legal custody over the child to the adoptive parents.

A home study for the adoptive parents is also required.

After the petition, the Circuit Court will either grant or deny custody to the petitioning parents through a final order of adoption.

Like any final order delivered in the Circuit Court, you have the opportunity to appeal the decision if you suspect there was a legal error in your case.

The time period to do so is within thirty days of the decision.

What Is Stepparent Adoption in VA?

Stepparent Adoption is another of the more common avenues for adoption.

This type of adoption occurs when the spouse of a biological parent wants to adopt the child as their own child.

The biological parent must join the adoptive parent in their petition to adopt.

In a step-parent adoption, the adoption starts at the Circuit Court. Still, the consent of the other biological parent is required.

This consent can be obtained if the biological parent does not oppose the adoption.

If this is the case, a consent hearing and home study are not always required.

However, the court may still request a hearing and a home study if it deems it necessary.

To know better about this type of adoption and the conditions you need to meet, consult with a local Virginia adoption lawyer to guide you through the process.

What is Close Relative Adoption In Virginia?

The first question in this type of adoption is: Who is a “close relative”? Under the Virginia code, close relatives are the following people:

•    Grandparent
•    Great Grandparent
•    Adult Nephew or Niece
•    Adult Brother or Sister
•    Adult Aunt or Uncle

For close relatives adoption, Virginia law has made a difference between the two scenarios:

The first one is when the child has been living with the future adoptive parents for more than two years, then the adoption will start directly at the Circuit Court and some procedures may be waived based on the court’s discretion.

The second scenario is when the child has been living with the future adoptive parents for less than two years, here the law requires that the adoption procedures start at the Juvenile and Domestic Relations Court.

The steps for the parental placement adoption are followed in regard to the biological parent’s consent and the home study.

To know more about the close relative adoption and which case scenario applies to you, consult with our Virginia Adoption lawyer to advise on this type of adoption.

What Is An Adult Adoption?

Are there exceptions where there does not need to be a formal termination of parental rights?  Yes. You do not need the birth parent’s consent if the adoption is for someone who is eighteen years of age or older. Persons who are eighteen years and older are capable of consenting to their adoption without the approval of their birth parents.
All adult adoptions start in the Circuit Court and depending on the circumstances the court may or may not require a home study.

To know more about this adoption, contact our Virginia adoption lawyer, and he will be ready to advise you on the specifics of your case. 

What Is A Home Study In An Adoption In Virginia?

Adoption involves the constitutional rights of the biological parents and for this reason, courts are cautious in granting the adoption. Consent to the adoption by the biological parents is mandatory in all adoption cases in Virginia with very limited exceptions.

A second essential part of this procedure is the Home Study.

A home study determines the fitness of the adoptive parents to assume the parental rights of the child to include legal and physical custody of the child.

Only a social worker of a licensed placing agency may complete a home study.

The study will include an extensive background check of the adoptive parents.

Below is a brief list of what the home study include:

• Financial, mental, and physical stability of the couple
• Multiple interviews with the adoptive parents
• Physical inspection of the adoptive parents’ home
• Criminal background checks
• References from other individuals

How to Start Your Adoption?

Depending on who you intend to adopt, the first step to do is choosing the family or the adoption agency.

The very next step would be to choose an attorney to help you in the process.

One important thing you have to know is that not all adoptions are uncontested.

There are some instances where the biological parents do not agree to the adoption and contest putting their child for adoption.  

This is why you need an attorney to guide you through the right process and advise you on all issues.

In all adoption cases, Virginia law mandates the execution of consent of both biological parents before the adoption can move forward.

Usually, a consent hearing is held at the Juvenile and Domestic Relations Court; and in limited exceptions at the Circuit Court. However, there are some exceptions where a consent hearing is not required or waived at the judge’s discretion.

It is highly recommended that you have your attorney handle this process in accordance with the law, so you do not face complications with your adoption case.

How Is Adopting Out of State Different?

If you and your spouse are Virginia residents and want to adopt a baby born in another state, this would involve an agency or parental placement.

Similar to a Virginia in-state adoption, procedures to conduct this interstate adoption will require you to comply with the Interstate Compact on Placement of Children. All attorneys advising interstate adoption must comply with the ICPC as a way to serve the child in their best interest.

Complying with the ICPC guidelines will aid your adoption case and make sure that you comply with the proper procedures and responsibilities of each party.

Consult your attorney on this issue before you proceed.