Virginia
VirginiaWho Must Consent:- The mother.
- The husband of the mother.
- The birth father if the parents are unwed, unless the birth father cannot be determined or fails to respond to notice.
- The agency or department having custody.
- A minor parent shall have power to consent.
Consent of Adoptee:A child 14 years or older must consent to the adoption unless the court finds the child's best interest would not be served.
When Parental Consent is Not Needed:- When the father has been convicted of rape the result of which the child is conceived.
- If parental rights have been terminated.
- If the putative father cannot be identified, or if known, fails to respond to notice.
- Parents fail to appear at adoption hearing.
- When consent is withheld contrary to the best interests of the child.
When Relinquishment Can Be Signed:Consent is not valid until the child is 10 days old.
How Relinquishment Must Be Signed:- Consent in direct placement must be executed in court in presence of adoptive parents.
- The court shall first determine that parent has been counseled on alternatives to adoption and all procedures required by law have been completed.
- Entrustments and consents in agency placements may be executed before an authorized officer.
- Placement by birth parents with a relative of a degree specified per statute may be executed before an authorized officer.
Time for Revocation:- An entrustment agreement can be revoked by either birth parent until the child is 25 days old and 15 days have elapsed.
- Consent can be revoked by either parent for any reason for 15 days.
- After that period, but before the final adoption order, consent may be revoked only upon proof of fraud or duress or mutual written consent of birth and adoptive parents.
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Glossary of Terms•
Legal Considerations in Adoption •
Parental Rights•
Putative Father Registries: What They Are and How To Use Them•
Resources for Expectant/Placing ParentsRelinquishment Summaries by State: Index
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