Who Can Adopt?

1. Pursuant Virginia Code § 63.2-1201, only married persons or single persons can adopt. 
2. There is no Virginia law that allows for same-sex couples to adopt.  Virginia, however, will give full faith and credit to other states who do allow for same-sex couple adoptions.
3. Under the newly enacted Virginia Code § 63.2-1201.1, which went into effect July 1, 2008: "Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons."  This means that a step-parent who is now divorced from the child’s biological parent may adopt a step-child, if it is in the best interest of the child to do so.

Who are the parties that need legal representation?

1. Birth Mother.  To protect her rights during the adoption process and ensure that she receives independent legal counsel. The adoptive parents usually pay for the birth mother’s attorney.
2. Adoptive Parents.  To protect their rights during the adoption process and to ensure that all state laws are complied with and the adoption is properly finalized.
3. Birth Father.  If the birth father is contesting the adoption then he should obtain independent legal counsel.

Types of Adoptions?

1. Parental Placement Adoptions (also called Private, Direct or Independent Placements).  This type of adoption is a popular option for birth parents who want more choice and control over the placement of the child.  Under Virginia law, a parental placement adoption legally severs all rights that a birth parent has to the child. Although the law will not enforce them, many parties reach “moral” or “handshake” agreements by which pictures, letter updates and even visits may occur after the child’s placement.
2. Agency Adoptions – Both private and public (foster care) and international Adoptions.
3. Other adoptions: Step-parent Adoptions.  Adult Adoptions.  Relative Adoptions.  Foster Care placement Adoptions.  Special Need Adoptions.

How do I begin preparing for an adoption as a potential adoptive parent?

1. Schedule a “Home Study” with a local agency, either public or private.  This is of utmost importance to any adoption (other than step-parent, adult adoption or relative adoption when the child has been in the home for more than three (3) years)
2. The purpose of the home study is to confirm your fitness as an adoptive parent(s).
3. The types of things that the “Home Study” will cover are: criminal record check, medical clearance, CPS clearance, ability to support a child financially, etc.
4. The “Home Study” done by the local agency will cost from $1500 to $2,000.  It can be charged on a sliding scale based on your income.

How I can help you?

1. Whether you are a birth mother, birth father or thinking of becoming an adoptive parent(s), as a new attorney trained in adoption law, I am looking forward to expanding my practice in this area and would be happy to meet with you to answer questions you have about the process.