How does the adoption process work in Virginia?

Virginia handles adoptions in Circuit Court and is governed by Title 63.2 Chapter 12 of the Virginia Code.

1. Types of Adoption

Agency adoption through a Virginia-licensed child-placing agency (§ 63.2-1221).

Parental placement adoption (§ 63.2-1230).

Step-parent adoption (§ 63.2-1241).

Close relative adoption (§ 63.2-1242).

Adult adoption (§ 63.2-1243).

2. Petitioner Eligibility

Under § 63.2-1201, any natural person who is a Virginia resident may petition. A spouse must join unless legally separated. A non-resident may adopt only under specific circumstances such as step-parent or relative adoption.

3. Consent Requirements

Under § 63.2-1233, a birth-parent consent in a parental placement adoption may be executed no sooner than 3 days after birth before a juvenile court judge. The consent is revocable within 7 days of execution; in parental-placement cases, the parent may revoke up to 25 days under § 63.2-1234. Agency consents (§ 63.2-1223) become irrevocable upon execution or 10 days after entrustment.

4. Home Study

A home study under § 63.2-1231 is required and conducted by a licensed Virginia agency or court-approved evaluator. Step-parent and close-relative adoptions may be exempted from home study but still require a parental-fitness investigation.

5. Termination of Parental Rights (TPR)

Voluntary via entrustment agreement (§ 63.2-1223). Involuntary TPR under § 16.1-283 (Juvenile Court) for abuse, neglect, or abandonment. Interstate placements require ICPC approval under § 63.2-1000. ICWA (25 U.S.C. § 1901) applies to children of federally recognized tribes.

6. Finalization Hearing

After a 6-month probationary period (§ 63.2-1212), the Circuit Court holds a final hearing and enters the Final Order of Adoption. The Division of Vital Records then issues a new birth certificate (§ 32.1-261).

This is legal information, not legal advice.