Welcome to the forty-sixth post in our series Adopting In the 50 States. Today, we’re in Virginia. We should have been there last week, but it had to happen – I forgot a state. (Thank you Amanda for reminding me.) Remember, I am not a lawyer, nor do I play one on TV. Consult an attorney or other adoption professional with specific questions. If you have adopted in Virginia and would like to share your experience with others, please leave a comment or email me at RobynC@adoptionblogs.com.
Who May Adopt In Virginia?
To adopt in Virginia, you must fall into at least one of the following categories:
- resident of Virginia
- a person with custody of a child placed by a child-placing agency
- an adopting parent of a child who was subject to a consent proceeding
- intended parents party to a surrogacy contract
- a husband and wife
- a step-parent
When May Consent Be Signed?
A biological father who is not married to the biological mother may sign consent at any time. A biological mother and married biological father can sign when the child is three days old.
How Much Time Do the Birth Parents Have to Revoke Consent?
10 days.
Does Virginia Have a Putative Father Registry?
Yes.
Does Virginia Allow the Biological Father to Give Consent Before the Child is Born?
Yes, if he is not married to the biological mother.
Can Adoptive Parents Advertise to Find Expectant Parents?
Yes.
Does Virginia Allow the Use of Facilitators?
No.
How Long Before Adoption Can Be Finalized?
8 months.
Which Expectant Mother Expenses Can Be Paid by the Adoptive Parents?
Medical expenses, including co-payments and insurance premiums related to pregnancy and the birth of the child; mental health counseling for both biological parents; legal fees; and transportation costs related to the pregnancy, child birth, and court proceedings may be paid. If an expectant mother is unable to work, then reasonable food, clothing, and shelter expenses may be paid.
Can Out of State Residents Finalize in Virginia?
No.
Does Virginia Allow for Enforceable Open Adoption Agreements?
Yes. The birth parents and adoptive parents may be party to the agreement. If a child has been in foster care, the foster parents may also be party to the agreement. The adoption is irrevocable, even if the adoptive parents do not adhere to the agreement.
Advice from Someone Who’s Been There
Stephanie says, “Thoroughly check your agency. Our agency made everything a breeze!”
Resources
- Virginia Department of Social Services
- Adopting In Virginia
- Child Adoption Laws, Virginia
- Child Welfare Information Gateway, State Statutes
- Adamec, Christine. The Complete Idiot’s Guide to Adoption. New York: Alpha Books, a member of Penguin Group (USA) Inc., 2004.
- Adoptive Families Magazine 2008
Photo Credit: Perry-Castañeda Library Map Collection, University of Texas
