After Adoption Primer
We wrote the book on adoption in Virginia – “Adoption Procedures and Forms: A Guide for Virginia Lawyers”, published by the Virginia Continuing Legal Education Foundation. This treatise is in the fourth edition. The firm handles adoptions throughout Virginia for agencies and individuals. Our knowledge comes from years of hands-on experience.
These occur when a husband or wife seeks to adopt the other spouse’s child. Generally, such adoptions require the consent of the other birth parent. The court does have the authority, however, to grant the adoption without consent if it is withheld contrary to the best interests of the child or if they can’t find the other parent.
Parental Placement Adoptions
These occur when the birth parent(s) arrange to place the child with the adoptive parents. A consent to adopt is executed before a Juvenile and Domestic Relations District Court Judge. These can occur even when the birth father is unknown or missing.
In order to determine whether the adoptive parents are able to care for the child properly there must be a home study on the adoptive parents. The Circuit Court finalizes the actual adoption.
These must satisfy the requirements of the Interstate Compact for the Placement of Children (ICPC), unless a specific family member is adopting the child. The requirements are very specific and require very thorough documentation.
A child is available to adopt after the termination of the parents’ parental rights. Often, these occur after a child has been in the foster care system, There may be benefits such as stipends or health insurance coverage available through the Department of Social Services.
Please contact us if you have any questions! (757) 533-5400
Click here for a summary of adoption law in Virginia.
For information from the Virginia Department of Social Services regarding adoption, click here.
For foster care adoptions, contact your local Department of Human Services.
There also is a compilation of Adoption links at Dave Thomas Foundation.