{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1202.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1202.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1202.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1202.html"}],"law_id":57240,"edition_id":1,"section_id":57240,"structure_id":14142,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","history":"Code 1950, \u00a7 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603; 1968, c. 578, \u00a7 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc. 730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.10; 2002, c. 747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2011, c. 486; 2012, c. 424; 2017, c. 200; 2020, c. 3; 2025, c. 547.","full_text":"A\n\nNo petition for adoption shall be granted, except as hereinafter provided in this section, unless written consent to the proposed adoption is filed with the petition. Such consent shall be in writing, signed under oath and acknowledged before an officer authorized by law to take acknowledgments. The consent of a birth parent for the adoption of his child placed directly by the birth parent shall be executed as provided in § 63.2-1233, and the circuit court may accept a certified copy of an order entered pursuant to § 63.2-1233 in satisfaction of all requirements of this section, provided the order clearly evidences compliance with the applicable notice and consent requirements of § 63.2-1233.B\n\nA birth parent who has not reached the age of 18 shall have legal capacity to give consent to adoption and perform all acts related to adoption, and shall be as fully bound thereby as if the birth parent had attained the age of 18 years.C\n\nConsent shall be executed:1\n\nBy the birth mother and by any man who:\n\t\t\t\ta. Is an acknowledged father under § 20-49.1;\n\t\t\t\tb. Is an adjudicated father under § 20-49.8;\n\t\t\t\tc. Is a presumed father under subsection D; or\n\t\t\t\td. Has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.).\n\t\t\t\tVerification of compliance with the notice provisions of the Virginia Birth Father Registry shall be provided to the court.2\n\nBy the child-placing agency or the local board having custody of the child, with right to place him for adoption, through court commitment or parental agreement as provided in § 63.2-900, 63.2-903, or 63.2-1221; or an agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates; and3\n\nBy the child if he is 14 years of age or older, unless the circuit court finds that the best interests of the child will be served by not requiring such consent.D\n\nA man shall be presumed to be the father of a child if:1\n\nHe and the mother of the child are married to each other and the child is born during the marriage;2\n\nHe and the mother of the child were married to each other and the child is born within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce; or3\n\nBefore the birth of the child, he and the mother of the child married each other in apparent compliance with the law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.\n\t\t\t\tSuch presumption may be rebutted by sufficient evidence that would establish by a preponderance of the evidence the paternity of another man or the impossibility or improbability of cohabitation with the birth mother for a period of at least 300 days prior to the birth of the child.E\n\nNo consent shall be required of a birth father if he denies under oath and in writing the paternity of the child. Such denial of paternity may be withdrawn no more than 10 days after it is executed. Once the child is 10 days old, any executed denial of paternity is final and constitutes a waiver of all rights with respect to the adoption of the child and cannot be withdrawn.F\n\nNo consent shall be required of the birth father of a child when the birth father is convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of § 18.2-61, § 18.2-63, or subsection B of § 18.2-366, whether or not the birth father has been charged with or convicted of the alleged violation, and the child was conceived as a result of such violation or conduct.G\n\nNo notice or consent shall be required of any person whose parental rights have been terminated by a court of competent jurisdiction, including foreign courts that have competent jurisdiction. No notice or consent is required of any birth parent of a child for whom a guardianship order was granted when the child was approved by the United States Citizenship and Immigration Services for purposes of adoption.H\n\nNo consent shall be required of a birth parent who, without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption or the filing of a petition to accept consent to an adoption. The prospective adoptive parent(s) shall establish by clear and convincing evidence that the birth parent(s), without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption or the filing of a petition to accept consent to an adoption. This provision shall not infringe upon the birth parent’s right to be noticed and heard on the allegation of abandonment. For purposes of this section, the payment of child support, in the absence of other contact with the child, shall not be considered contact.I\n\nA birth father of the child may consent to the termination of all of his parental rights prior to the birth of the child.J\n\nThe failure of the nonconsenting party to appear at any scheduled hearing, either in person or by counsel, after proper notice has been given to said party, shall constitute a waiver of any objection and right to consent to the adoption.K\n\nIf a birth parent, legal guardian, or prospective adoptee, executing a consent, entrustment, or other documents related to the adoption, cannot provide the identification required pursuant to § 47.1-14, the birth parent, legal guardian, or prospective adoptee may execute a self-authenticating affidavit as to his identity subject to the penalties contained in § 63.2-1217.L\n\nA legal custodian of a child being placed for adoption, and any other named parties in pending cases in which the custody or visitation of such child is at issue, whether such case is in a circuit or district court, shall be entitled to proper notice of any adoption proceeding and an opportunity to be heard.","order_by":null,"text":{"0":{"id":209680,"text":"No petition for adoption shall be granted, except as hereinafter provided in this section, unless written consent to the proposed adoption is filed with the petition. Such consent shall be in writing, signed under oath and acknowledged before an officer authorized by law to take acknowledgments. The consent of a birth parent for the adoption of his child placed directly by the birth parent shall be executed as provided in § 63.2-1233, and the circuit court may accept a certified copy of an order entered pursuant to § 63.2-1233 in satisfaction of all requirements of this section, provided the order clearly evidences compliance with the applicable notice and consent requirements of § 63.2-1233.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209681,"text":"A birth parent who has not reached the age of 18 shall have legal capacity to give consent to adoption and perform all acts related to adoption, and shall be as fully bound thereby as if the birth parent had attained the age of 18 years.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209682,"text":"Consent shall be executed:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":209683,"text":"By the birth mother and by any man who:\n\t\t\t\ta. Is an acknowledged father under § 20-49.1;\n\t\t\t\tb. Is an adjudicated father under § 20-49.8;\n\t\t\t\tc. Is a presumed father under subsection D; or\n\t\t\t\td. Has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.).\n\t\t\t\tVerification of compliance with the notice provisions of the Virginia Birth Father Registry shall be provided to the court.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":209684,"text":"By the child-placing agency or the local board having custody of the child, with right to place him for adoption, through court commitment or parental agreement as provided in § 63.2-900, 63.2-903, or 63.2-1221; or an agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":209685,"text":"By the child if he is 14 years of age or older, unless the circuit court finds that the best interests of the child will be served by not requiring such consent.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":209686,"text":"A man shall be presumed to be the father of a child if:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"D1"},"7":{"id":209687,"text":"He and the mother of the child are married to each other and the child is born during the marriage;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":209688,"text":"He and the mother of the child were married to each other and the child is born within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":209689,"text":"Before the birth of the child, he and the mother of the child married each other in apparent compliance with the law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.\n\t\t\t\tSuch presumption may be rebutted by sufficient evidence that would establish by a preponderance of the evidence the paternity of another man or the impossibility or improbability of cohabitation with the birth mother for a period of at least 300 days prior to the birth of the child.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"10":{"id":209690,"text":"No consent shall be required of a birth father if he denies under oath and in writing the paternity of the child. Such denial of paternity may be withdrawn no more than 10 days after it is executed. Once the child is 10 days old, any executed denial of paternity is final and constitutes a waiver of all rights with respect to the adoption of the child and cannot be withdrawn.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"11":{"id":209691,"text":"No consent shall be required of the birth father of a child when the birth father is convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of § 18.2-61, § 18.2-63, or subsection B of § 18.2-366, whether or not the birth father has been charged with or convicted of the alleged violation, and the child was conceived as a result of such violation or conduct.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":209692,"text":"No notice or consent shall be required of any person whose parental rights have been terminated by a court of competent jurisdiction, including foreign courts that have competent jurisdiction. No notice or consent is required of any birth parent of a child for whom a guardianship order was granted when the child was approved by the United States Citizenship and Immigration Services for purposes of adoption.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":209693,"text":"No consent shall be required of a birth parent who, without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption or the filing of a petition to accept consent to an adoption. The prospective adoptive parent(s) shall establish by clear and convincing evidence that the birth parent(s), without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption or the filing of a petition to accept consent to an adoption. This provision shall not infringe upon the birth parent’s right to be noticed and heard on the allegation of abandonment. For purposes of this section, the payment of child support, in the absence of other contact with the child, shall not be considered contact.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":209694,"text":"A birth father of the child may consent to the termination of all of his parental rights prior to the birth of the child.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"15":{"id":209695,"text":"The failure of the nonconsenting party to appear at any scheduled hearing, either in person or by counsel, after proper notice has been given to said party, shall constitute a waiver of any objection and right to consent to the adoption.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"16":{"id":209696,"text":"If a birth parent, legal guardian, or prospective adoptee, executing a consent, entrustment, or other documents related to the adoption, cannot provide the identification required pursuant to § 47.1-14, the birth parent, legal guardian, or prospective adoptee may execute a self-authenticating affidavit as to his identity subject to the penalties contained in § 63.2-1217.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"17":{"id":209697,"text":"A legal custodian of a child being placed for adoption, and any other named parties in pending cases in which the custody or visitation of such child is at issue, whether such case is in a circuit or district court, shall be entitled to proper notice of any adoption proceeding and an opportunity to be heard.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"ancestry":[{"id":14142,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14096,"metadata":{},"date_created":"2026-06-26 03:47:01","date_modified":"2026-06-26 03:47:01","permalink":{"id":271367,"object_type":"structure","relational_id":14142,"identifier":"1","token":"63.2\/III\/12\/1","url":"\/63.2\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14096,"edition_id":1,"name":"Adoption","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:52","date_modified":"2026-06-26 03:46:52","permalink":{"id":271365,"object_type":"structure","relational_id":14096,"identifier":"12","token":"63.2\/III\/12","url":"\/63.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67454,"structure_id":14142,"section_number":"63.2-1200","catch_line":"Who may place children for adoption","url":"\/63.2-1200\/","token":"63.2\/III\/12\/1\/63.2-1200","metadata":false},{"id":79180,"structure_id":14142,"section_number":"63.2-1200.1","catch_line":"Recognition of foreign adoption; issuance of birth certificates","url":"\/63.2-1200.1\/","token":"63.2\/III\/12\/1\/63.2-1200.1","metadata":false},{"id":70662,"structure_id":14142,"section_number":"63.2-1201","catch_line":"Filing of petition for adoption; venue; jurisdiction; and proceedings","url":"\/63.2-1201\/","token":"63.2\/III\/12\/1\/63.2-1201","metadata":false},{"id":76763,"structure_id":14142,"section_number":"63.2-1201.1","catch_line":"Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons","url":"\/63.2-1201.1\/","token":"63.2\/III\/12\/1\/63.2-1201.1","metadata":false},{"id":57240,"structure_id":14142,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","url":"\/63.2-1202\/","token":"63.2\/III\/12\/1\/63.2-1202","metadata":false},{"id":70065,"structure_id":14142,"section_number":"63.2-1203","catch_line":"When consent is withheld or unobtainable","url":"\/63.2-1203\/","token":"63.2\/III\/12\/1\/63.2-1203","metadata":false},{"id":70767,"structure_id":14142,"section_number":"63.2-1204","catch_line":"When consent is revocable; fraud or duress; mutual consent","url":"\/63.2-1204\/","token":"63.2\/III\/12\/1\/63.2-1204","metadata":false},{"id":75979,"structure_id":14142,"section_number":"63.2-1205","catch_line":"Best interests of the child; standards for determining","url":"\/63.2-1205\/","token":"63.2\/III\/12\/1\/63.2-1205","metadata":false},{"id":84468,"structure_id":14142,"section_number":"63.2-1205.1","catch_line":"Certain offenders prohibited from adopting a child","url":"\/63.2-1205.1\/","token":"63.2\/III\/12\/1\/63.2-1205.1","metadata":false},{"id":63319,"structure_id":14142,"section_number":"63.2-1206","catch_line":"No parental presumption after revocation period expires","url":"\/63.2-1206\/","token":"63.2\/III\/12\/1\/63.2-1206","metadata":false},{"id":84982,"structure_id":14142,"section_number":"63.2-1207","catch_line":"Removal of child from adoptive home","url":"\/63.2-1207\/","token":"63.2\/III\/12\/1\/63.2-1207","metadata":false},{"id":58081,"structure_id":14142,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","url":"\/63.2-1208\/","token":"63.2\/III\/12\/1\/63.2-1208","metadata":false},{"id":77214,"structure_id":14142,"section_number":"63.2-1209","catch_line":"Entry of interlocutory order","url":"\/63.2-1209\/","token":"63.2\/III\/12\/1\/63.2-1209","metadata":false},{"id":62868,"structure_id":14142,"section_number":"63.2-1210","catch_line":"Probationary period, interlocutory order and order of reference not required under certain circumstances","url":"\/63.2-1210\/","token":"63.2\/III\/12\/1\/63.2-1210","metadata":false},{"id":71943,"structure_id":14142,"section_number":"63.2-1211","catch_line":"Revocation of interlocutory order","url":"\/63.2-1211\/","token":"63.2\/III\/12\/1\/63.2-1211","metadata":false},{"id":67535,"structure_id":14142,"section_number":"63.2-1212","catch_line":"Visitations during probationary period and report","url":"\/63.2-1212\/","token":"63.2\/III\/12\/1\/63.2-1212","metadata":false},{"id":67676,"structure_id":14142,"section_number":"63.2-1213","catch_line":"Final order of adoption","url":"\/63.2-1213\/","token":"63.2\/III\/12\/1\/63.2-1213","metadata":false},{"id":60911,"structure_id":14142,"section_number":"63.2-1214","catch_line":"Annual review of pending petitions for adoption; duty of Commissioner and circuit court clerk","url":"\/63.2-1214\/","token":"63.2\/III\/12\/1\/63.2-1214","metadata":false},{"id":86424,"structure_id":14142,"section_number":"63.2-1215","catch_line":"Legal effects of adoption","url":"\/63.2-1215\/","token":"63.2\/III\/12\/1\/63.2-1215","metadata":false},{"id":82487,"structure_id":14142,"section_number":"63.2-1216","catch_line":"Final order not subject to attack after six months","url":"\/63.2-1216\/","token":"63.2\/III\/12\/1\/63.2-1216","metadata":false},{"id":55297,"structure_id":14142,"section_number":"63.2-1217","catch_line":"Provision of false information; penalty","url":"\/63.2-1217\/","token":"63.2\/III\/12\/1\/63.2-1217","metadata":false},{"id":86942,"structure_id":14142,"section_number":"63.2-1218","catch_line":"Certain exchange of property, advertisement, solicitation prohibited; penalty","url":"\/63.2-1218\/","token":"63.2\/III\/12\/1\/63.2-1218","metadata":false},{"id":66924,"structure_id":14142,"section_number":"63.2-1219","catch_line":"Suspected violation of property exchange information","url":"\/63.2-1219\/","token":"63.2\/III\/12\/1\/63.2-1219","metadata":false},{"id":57977,"structure_id":14142,"section_number":"63.2-1220","catch_line":"Issuance of birth certificates for children adopted in the Commonwealth","url":"\/63.2-1220\/","token":"63.2\/III\/12\/1\/63.2-1220","metadata":false},{"id":61151,"structure_id":14142,"section_number":"63.2-1220.01","catch_line":"Foreign adoptions; establishment of date of birth","url":"\/63.2-1220.01\/","token":"63.2\/III\/12\/1\/63.2-1220.01","metadata":false},{"id":62740,"structure_id":14142,"section_number":"63.2-1220.1","catch_line":"Establishment of minimum training requirements","url":"\/63.2-1220.1\/","token":"63.2\/III\/12\/1\/63.2-1220.1","metadata":false}],"previous_section":{"id":76763,"structure_id":14142,"section_number":"63.2-1201.1","catch_line":"Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons","url":"\/63.2-1201.1\/","token":"63.2\/III\/12\/1\/63.2-1201.1","metadata":false},"next_section":{"id":70065,"structure_id":14142,"section_number":"63.2-1203","catch_line":"When consent is withheld or unobtainable","url":"\/63.2-1203\/","token":"63.2\/III\/12\/1\/63.2-1203","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1202\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 25 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 489; in 1956, chapter 300; in 1960, chapter 331; in 1962, chapter 603; in 1968, chapter 578; in 1972, chapters 73, 475, and 823; in 1974, chapter 620; in 1978, chapters 730, 735, and 744; in 1985, chapter 18; in 1986, chapter 387; in 1989, chapter 647; in 1993, chapter 553; in 1995, chapters 772<\/a> and 826<\/a>; in 1999, chapter 1028<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2005, chapter 890<\/a>; in 2006, chapters 825<\/a> and 848<\/a>; in 2007, chapters 606<\/a> and 623<\/a>; in 2009, chapter 805<\/a>; in 2011, chapter 486<\/a>; in 2012, chapter 424<\/a>; in 2017, chapter 200<\/a>; in 2020, chapter 3<\/a>; in 2025, chapter 547<\/a>.<\/p>","references":[{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":80789,"section_number":"63.2-1222","catch_line":"Execution of entrustment agreement by birth parent(s); exceptions; notice and objection to entrustment; copy required to be furnished; requirement for agencies outside the Commonwealth","order_by":null,"url":"\/63.2-1222\/"},{"id":66793,"section_number":"63.2-1224","catch_line":"Explanation of process, legal effects of adoption required","order_by":null,"url":"\/63.2-1224\/"},{"id":69788,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","order_by":null,"url":"\/63.2-1233\/"},{"id":56081,"section_number":"63.2-1250","catch_line":"Registration; notice; form","order_by":null,"url":"\/63.2-1250\/"}],"refers_to":[{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":79167,"section_number":"20-49.1","catch_line":"How parent and child relationship established","order_by":null,"url":"\/20-49.1\/"},{"id":75922,"section_number":"20-49.8","catch_line":"Judgment or order; costs; birth record","order_by":null,"url":"\/20-49.8\/"},{"id":65623,"section_number":"47.1-14","catch_line":"Duty of care","order_by":null,"url":"\/47.1-14\/"},{"id":87110,"section_number":"63.2-1221","catch_line":"Placement of children for adoption by agency or local board","order_by":null,"url":"\/63.2-1221\/"},{"id":69788,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","order_by":null,"url":"\/63.2-1233\/"},{"id":72171,"section_number":"63.2-1249","catch_line":"Establishment of Registry","order_by":null,"url":"\/63.2-1249\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"},{"id":83322,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","order_by":null,"url":"\/63.2-903\/"}],"permalink":{"id":271385,"object_type":"law","relational_id":57240,"identifier":"63.2-1202","token":"63.2\/III\/12\/1\/63.2-1202","url":"\/63.2-1202\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1202\/","token":"63.2\/III\/12\/1\/63.2-1202","dublin_core":{"Title":"Parental, or agency, consent required; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1202","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No petition<\/span> for adoption shall be granted, except as hereinafter provided in this section, unless written consent to the proposed adoption is filed with the petition<\/span>. Such consent shall be in writing, signed under oath<\/span> and acknowledged before an officer authorized by law<\/span> to take acknowledgments. The consent of a birth parent<\/span> for the adoption of his child<\/span> placed directly by the birth parent<\/span> shall be executed as provided in § 63.2-1233<\/a>, and the circuit<\/span> court<\/span> may accept a certified copy of an order<\/span> entered pursuant to § 63.2-1233<\/a> in satisfaction of all requirements of this section, provided the order<\/span> clearly evidences<\/span> compliance with the applicable notice and consent requirements of § 63.2-1233<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A birth parent<\/span> who has not reached the age of 18 shall have legal capacity to give consent to adoption and perform all acts related to adoption, and shall be as fully bound thereby as if the birth parent<\/span> had attained the age of 18 years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Consent shall be executed: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By the birth mother and by any man who:\n\t\t\t\ta. Is an acknowledged father under § 20-49.1<\/a>;\n\t\t\t\tb. Is an adjudicated father under § 20-49.8<\/a>;\n\t\t\t\tc. Is a presumed father under subsection D; or\n\t\t\t\td. Has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249<\/a> et seq.).\n\t\t\t\tVerification of compliance with the notice provisions of the Virginia Birth Father Registry shall be provided to the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By the child<\/span>-placing agency<\/span> or the local board<\/span> having custody<\/span> of the child<\/span>, with right to place him for adoption, through court<\/span> commitment or parental agreement as provided in § 63.2-900<\/a>, 63.2-903<\/a>, or 63.2-1221<\/a>; or an agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws<\/span> under which it operates; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> By the child<\/span> if he is 14 years of age or older, unless the circuit<\/span> court<\/span> finds that the best interests of the child<\/span> will be served by not requiring such consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A man shall be presumed to be the father of a child<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> He and the mother of the child<\/span> are married to each other and the child<\/span> is born during the marriage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> He and the mother of the child<\/span> were married to each other and the child<\/span> is born within 300 days of their date of separation, as evidenced by a written agreement or decree<\/span> of separation, or within 300 days after the marriage is terminated by death, annulment<\/span>, declaration of invalidity, or divorce; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Before the birth of the child<\/span>, he and the mother of the child<\/span> married each other in apparent compliance with the law<\/span>, even if the attempted marriage is or could be declared invalid, and the child<\/span> is born during the invalid marriage or within 300 days of their date of separation, as evidenced by a written agreement or decree<\/span> of separation, or within 300 days after its termination by death, annulment<\/span>, declaration of invalidity, or divorce.\n\t\t\t\tSuch presumption<\/span> may be rebutted by sufficient evidence that would establish by a preponderance of the evidence<\/span> the paternity of another man or the impossibility or improbability of cohabitation with the birth mother for a period of at least 300 days prior to the birth of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No consent shall be required of a birth father if he denies under oath<\/span> and in writing the paternity of the child<\/span>. Such denial of paternity may be withdrawn no more than 10 days after it is executed. Once the child<\/span> is 10 days old, any executed denial of paternity is final and constitutes a waiver<\/span> of all rights with respect to the adoption of the child<\/span> and cannot be withdrawn. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No consent shall be required of the birth father of a child<\/span> when the birth father is convicted of a violation of subsection A of § 18.2-61<\/a>, § 18.2-63<\/a>, subsection B of § 18.2-366<\/a>, or an equivalent offense<\/span> of another state, the United States, or any foreign jurisdiction<\/span>, or has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of § 18.2-61<\/a>, § 18.2-63<\/a>, or subsection B of § 18.2-366<\/a>, whether or not the birth father has been charged with or convicted of the alleged violation, and the child<\/span> was conceived as a result of such violation or conduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No notice or consent shall be required of any person whose parental rights have been terminated by a court<\/span> of competent jurisdiction<\/span>, including foreign courts<\/span> that have competent jurisdiction<\/span>. No notice or consent is required of any birth parent<\/span> of a child<\/span> for whom a guardianship order<\/span> was granted when the child<\/span> was approved by the United States Citizenship and Immigration Services for purposes of adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No consent shall be required of a birth parent<\/span> who, without just cause, has neither visited nor contacted the child<\/span> for a period of six months immediately prior to the filing of the petition<\/span> for adoption or the filing of a petition<\/span> to accept consent to an adoption. The prospective adoptive parent(s) shall establish by clear and convincing evidence that the birth parent<\/span>(s), without just cause, has neither visited nor contacted the child<\/span> for a period of six months immediately prior to the filing of the petition<\/span> for adoption or the filing of a petition<\/span> to accept consent to an adoption. This provision shall not infringe upon the birth parent<\/span>’s right to be noticed and heard on the allegation<\/span> of abandonment. For purposes of this section, the payment of child<\/span> support, in the absence of other contact with the child<\/span>, shall not be considered contact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A birth father of the child<\/span> may consent to the termination of all of his parental rights prior to the birth of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The failure of the nonconsenting party<\/span> to appear at any scheduled hearing<\/span>, either in person or by counsel<\/span>, after proper notice has been given to said party<\/span>, shall constitute a waiver<\/span> of any objection and right to consent to the adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> If a birth parent<\/span>, legal guardian, or prospective adoptee, executing a consent, entrustment, or other documents related to the adoption, cannot provide the identification required pursuant to § 47.1-14<\/a>, the birth parent<\/span>, legal guardian, or prospective adoptee may execute a self-authenticating affidavit<\/span> as to his identity subject to the penalties contained in § 63.2-1217<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> A legal custodian of a child<\/span> being placed for adoption, and any other named parties in pending cases in which the custody<\/span> or visitation of such child<\/span> is at issue<\/span>, whether such case is in a circuit<\/span> or district court<\/span>, shall be entitled to proper notice of any adoption proceeding and an opportunity to be heard. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARENTAL, OR AGENCY, CONSENT REQUIRED; EXCEPTIONS (\u00a7 63.2-1202)\n\nA. No petition for adoption shall be granted, except as hereinafter provided in\nthis section, unless written consent to the proposed adoption is filed with the\npetition. Such consent shall be in writing, signed under oath and acknowledged\nbefore an officer authorized by law to take acknowledgments. The consent of a\nbirth parent for the adoption of his child placed directly by the birth parent\nshall be executed as provided in § 63.2-1233, and the circuit court may\naccept a certified copy of an order entered pursuant to § 63.2-1233 in\nsatisfaction of all requirements of this section, provided the order clearly\nevidences compliance with the applicable notice and consent requirements of\n§ 63.2-1233.\n\nB. A birth parent who has not reached the age of 18 shall have legal capacity to\ngive consent to adoption and perform all acts related to adoption, and shall be\nas fully bound thereby as if the birth parent had attained the age of 18 years.\n\nC. Consent shall be executed:\n\n 1. By the birth mother and by any man who:\n \t\t\t\ta. Is an acknowledged father under § 20-49.1;\n \t\t\t\tb. Is an adjudicated father under § 20-49.8;\n \t\t\t\tc. Is a presumed father under subsection D; or\n \t\t\t\td. Has registered with the Virginia Birth Father Registry pursuant to\n Article 7 (§ 63.2-1249 et seq.).\n \t\t\t\tVerification of compliance with the notice provisions of the Virginia\n Birth Father Registry shall be provided to the court.\n\n 2. By the child-placing agency or the local board having custody of the child,\n with right to place him for adoption, through court commitment or parental\n agreement as provided in § 63.2-900, 63.2-903, or 63.2-1221; or an agency\n outside the Commonwealth that is licensed or otherwise duly authorized to\n place children for adoption by virtue of the laws under which it operates; and\n\n 3. By the child if he is 14 years of age or older, unless the circuit court\n finds that the best interests of the child will be served by not requiring\n such consent.\n\nD. A man shall be presumed to be the father of a child if:\n\n 1. He and the mother of the child are married to each other and the child is\n born during the marriage;\n\n 2. He and the mother of the child were married to each other and the child is\n born within 300 days of their date of separation, as evidenced by a written\n agreement or decree of separation, or within 300 days after the marriage is\n terminated by death, annulment, declaration of invalidity, or divorce; or\n\n 3. Before the birth of the child, he and the mother of the child married each\n other in apparent compliance with the law, even if the attempted marriage is\n or could be declared invalid, and the child is born during the invalid\n marriage or within 300 days of their date of separation, as evidenced by a\n written agreement or decree of separation, or within 300 days after its\n termination by death, annulment, declaration of invalidity, or divorce.\n \t\t\t\tSuch presumption may be rebutted by sufficient evidence that would\n establish by a preponderance of the evidence the paternity of another man or\n the impossibility or improbability of cohabitation with the birth mother for a\n period of at least 300 days prior to the birth of the child.\n\nE. No consent shall be required of a birth father if he denies under oath and in\nwriting the paternity of the child. Such denial of paternity may be withdrawn no\nmore than 10 days after it is executed. Once the child is 10 days old, any\nexecuted denial of paternity is final and constitutes a waiver of all rights\nwith respect to the adoption of the child and cannot be withdrawn.\n\nF. No consent shall be required of the birth father of a child when the birth\nfather is convicted of a violation of subsection A of § 18.2-61, §\n18.2-63, subsection B of § 18.2-366, or an equivalent offense of another\nstate, the United States, or any foreign jurisdiction, or has been found by\nclear and convincing evidence to have engaged in the conduct prohibited by\nsubsection A of § 18.2-61, § 18.2-63, or subsection B of §\n18.2-366, whether or not the birth father has been charged with or convicted of\nthe alleged violation, and the child was conceived as a result of such violation\nor conduct.\n\nG. No notice or consent shall be required of any person whose parental rights\nhave been terminated by a court of competent jurisdiction, including foreign\ncourts that have competent jurisdiction. No notice or consent is required of any\nbirth parent of a child for whom a guardianship order was granted when the child\nwas approved by the United States Citizenship and Immigration Services for\npurposes of adoption.\n\nH. No consent shall be required of a birth parent who, without just cause, has\nneither visited nor contacted the child for a period of six months immediately\nprior to the filing of the petition for adoption or the filing of a petition to\naccept consent to an adoption. The prospective adoptive parent(s) shall\nestablish by clear and convincing evidence that the birth parent(s), without\njust cause, has neither visited nor contacted the child for a period of six\nmonths immediately prior to the filing of the petition for adoption or the\nfiling of a petition to accept consent to an adoption. This provision shall not\ninfringe upon the birth parent’s right to be noticed and heard on the\nallegation of abandonment. For purposes of this section, the payment of child\nsupport, in the absence of other contact with the child, shall not be considered\ncontact.\n\nI. A birth father of the child may consent to the termination of all of his\nparental rights prior to the birth of the child.\n\nJ. The failure of the nonconsenting party to appear at any scheduled hearing,\neither in person or by counsel, after proper notice has been given to said\nparty, shall constitute a waiver of any objection and right to consent to the\nadoption.\n\nK. If a birth parent, legal guardian, or prospective adoptee, executing a\nconsent, entrustment, or other documents related to the adoption, cannot provide\nthe identification required pursuant to § 47.1-14, the birth parent, legal\nguardian, or prospective adoptee may execute a self-authenticating affidavit as\nto his identity subject to the penalties contained in § 63.2-1217.\n\nL. A legal custodian of a child being placed for adoption, and any other named\nparties in pending cases in which the custody or visitation of such child is at\nissue, whether such case is in a circuit or district court, shall be entitled to\nproper notice of any adoption proceeding and an opportunity to be heard.\n\nHISTORY: Code 1950, \u00a7 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962,\nc. 603; 1968, c. 578, \u00a7 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978,\ncc. 730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995,\ncc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.10; 2002, c. 747; 2005,\nc. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2011, c. 486;\n2012, c. 424; 2017, c. 200; 2020, c. 3; 2025, c. 547.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}