Start your research with this quick-reference, and confirm any updates with your local representation.
More in depth information is provided on our Adoption Laws By State page.
Our use of the terms “putting up” or “giving up” does not reflect how we feel about adoptive placement. These terms remain the most widely used search terms for those who are considering adoption for their baby, and we wish to reach all who seek this important information.
Virginia isn’t just the birthplace of our nation, it’s also the birthplace of many children who will be placed for adoption and home to families seeking adoption opportunities and resources to begin their journey. Whether you are looking to adopt, looking to place your child for adoption, or searching for information about home studies and where to begin the process, the following information will be your guide to all things adoption in Virginia.
To get started on your adoption journey, it is important to understand some of the fundamental aspects and frequently asked question about the process. Here are a few things to know when considering adoption in Virginia.
Individuals or couples interested in adoption must meet the following qualifications:
Expenses related to adoption in Tennessee range widely depending on the type of adoption you decide to pursue. Are you looking to adopt internationally or domestically? Through a private agency or the foster care system? Depending on what you decide, Adoptive Parents in Virginia may be asked to cover expenses such as:
All financial exchanges and agreements must be disclosed in court to ensure there are no unreasonable payments or payments made to individuals on the side in connection to the adoption.
To become a Foster Parent in Virginia, you must be at least 18 years old and meet the following requirements:
Adoption of a child from a foreign country will be finalized and recognized in Virginia as long as it was issued in compliance with the United States and the country from which the child was born. The readoption process will not be required; however, if the Adoptive Parents want their child to receive a US Birth Certificate, they must complete the following:
An adoption facilitators specializes in matching prospective Adoptive Families with expectant mothers; however, they are usually unlicensed and unregulated.
In Virginia, it is illegal to use services provided by adoption facilitators, even if they claim to be licensed. Payments in exchange for adoption services may only be made to licensed adoption agencies and attorneys.
Click here to read about the difference between adoption agencies, attorneys, and facilitators.
If you are considering placing your child for adoption, understanding how the adoption process works as well as knowing your rights may relieve some of your worry. Here are a few things to know when considering adoption for your child in Virginia.
Consent to adoption in Virginia must be given by the following:
For more information about adoption consent in Virginia, click here
Consent to adoption in Virginia is not required by the following:
In Virginia, consent to adoption must be given in writing, signed under oath, and acknowledged before an officer authorized to take acknowledgments. This applies to Birth Parents both over and under the age of 18 years old.
A Birth Father may consent to the termination of his parental rights any time before the child is born. For a direct placement, consent cannot be given by the Birth Parents until at least 3 days day after the child’s birth.
Consent to adoption by a Birth Parent may be revoked before the final order of adoption if it was found to be obtained by fraud or duress, or both the Birth Parents and Adoptive Parents provide written consent.
A valid entrustment agreement terminating all parental rights and responsibilities to the child is revocable by both Birth Parents until the child has reached the age of 10 days, and 7 days have elapsed from the date of execution of the agreement. In addition, a valid entrustment agreement is revocable by both Birth Parents if the child has not been placed in the physical custody of adoptive parents at the time of the revocation. Revocation of an entrustment agreement must be in writing and signed by the revoking party. The written revocation must be delivered to the child placing agency or local board to which the child was originally entrusted.
In a direct parental placement, consent is revocable by either consenting Birth Parent for any reason for up to 7 days from its execution. The 7 day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting Birth Parents, the waiver by one consenting birth parent will not affect the right of the second consenting Birth Parent to retain his or her 7 day revocation period.
In Virginia, a Putative Father Registry has been established to give unmarried men, who believe they may have fathered a child, the right to receive notice of adoption proceedings regarding that child. A presumed father must register before or within 10 days of the child’s birth to establish his paternal rights. If a man fails to register in the given time, all his potential rights to the child will be terminated.
In addition to the registry, paternity and parental rights of the child may be established if:
For more information about Birth Father rights in Virginia, click here.
Prospective Adoptive Parents in Virginia are required to complete a home study before beginning the adoption process and a postplacement assessment after the adoption takes place. Both will assess your ability to provide a safe and stable environment for the child you wish to adopt.
The home study is a critical component to the adoption process. While it is to ensure your home will provide a child with stability, safety, and support, it is also a resource for Prospective Adoptive Parents to asks questions and prepare for the adoption. A home study also helps the social worker determine the types of adoptions that are appropriate for a family.
In Virginia, the home study will include the following:
To learn more about the home study process in Virginia, click here.
All members of the home being investigated, including children if appropriate, will be included in the home study, and it will be conducted by a licensed social worker or child-placing agency.
An adoption home study in Virginia will be denied if a Prospective Parent has been convicted of any sex crimes that makes them a registered sex offender. The following barrier crimes are also reasons for failing a home study:
A home study is not required for stepparent’s adoptions unless otherwise ordered in court.
For relative adoptions by the child’s grandparents, great-grandparents, adult nephew or niece, brother or sister, uncle or aunt, or great-uncle or great-aunt, a home study will be required if they have been in their care for less than 3 years. Otherwise, a home study will only be required if ordered in court.
Any out-of-home placement of a child outside the State is subject to the provisions of the Interstate Compact on the Placement of Children.
Before the adoption has been finalized, a post placement assessment will take place to ensure the transition into adoption is going well and that the Adoptive Family’s circumstances have not changed to no longer fit the child’s best interest.
In Virginia, a post placement study is required after the adoption petition has been filed. The study will evaluate the following:
A Foster Parent may adopt their foster child if the child has been in their care for 18 consecutive months and the child’s Birth Parents have had their parental rights terminated. A child-placing agency will then to a home study investigation and ensure the adoption is in the best interest of the child. If so, post adoption visitations won’t be required.
Virginia is home to some amazing adoption professionals who are ready to get your journey started. Whether you are interested in adopting a child or seeking resources to place your child for adoption, these professionals will guide you through the legal pathways and offer you support throughout your journey:
Adoption from the Heart757-361-0008
Bethany Christian Services800-238-4269
America World Adoption800-429-3369
C2Adopt804-354-1881
The Barker Adoption Foundation301-664-9664
If your adoption journey takes you to Virginia, visit some of the state’s most popular and historic sites:
Smithsonian National Air and Space Museum in Chantilly
Busch Gardens in Williamsburg
Chrysler Museum of Art in Norfolk
No matter your decision, we appreciate the time you have taken to read about how to adopt in Virginia. Adoption Network Law Center wishes you the best of luck and is available to answer any further questions you may have about the adoption process. Call 1-866-602-9541 to speak with one of our amazing team members or visit https://adoptionnetwork.com/ to read more about our services. Whether you’re a soon-to-be Birth Parent or Prospective Adoptive Parent, ANLC wishes you the best on your adoption journey.
Speak with a Specialist 1-800-367-2367