{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1222.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1222.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1222.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1222.html"}],"law_id":80789,"edition_id":1,"section_id":80789,"structure_id":15572,"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","history":"1989, c. 647, \u00a7 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.29; 2002, c. 747; 2004, c. 815; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2012, c. 424; 2017, c. 200; 2025, c. 547.","full_text":"A\n\nFor the purposes of this section, a birth parent who is less than 18 years of age shall be deemed fully competent and shall have legal capacity to execute a valid entrustment agreement, including an agreement that provides for the termination of all parental rights and responsibilities, and perform all acts related to adoption and shall be as fully bound thereby as if such birth parent had attained the age of 18 years.B\n\nAn entrustment agreement for the termination of all parental rights and responsibilities with respect to the child shall be valid notwithstanding that it is not signed by the birth father of a child born out of wedlock if the identity of the birth father is not reasonably ascertainable or such birth father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) or the birth father named by the birth mother denies under oath and in writing the paternity of the child. An affidavit signed by the birth mother stating that the identity of the birth father is unknown may be filed with the court alleging that the identity of the birth father is not known or reasonably ascertainable. A birth father shall be given notice of the entrustment if he is an acknowledged father pursuant to § 20-49.1, an adjudicated father pursuant to § 20-49.8, a presumed father pursuant to § 63.2-1202, or a putative father who has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.). If the putative father’s identity is reasonably ascertainable, he shall be given notice pursuant to the requirements of § 63.2-1250.C\n\nWhen a birth father is required to be given notice, he may be given notice of the entrustment by registered or certified mail to his last known address. If he fails to object to the entrustment within 15 days of the mailing of such notice, his entrustment shall not be required. An objection to an entrustment agreement shall be in writing, signed by the objecting party or counsel of record for the objecting party and filed with the agency that mailed the notice of entrustment within the time period specified in § 63.2-1223.D\n\nThe execution of an entrustment agreement shall be required of a presumed father except under the following circumstances: (i) if he denies paternity under oath and in writing in accordance with § 63.2-1202; (ii) if the presumption is rebutted by sufficient evidence, satisfactory to the circuit court, which would establish by a preponderance of the evidence the paternity of another man or the impossibility or improbability of cohabitation of the birth mother and her husband for a period of at least 300 days preceding the birth of the child; (iii) if another man admits, in writing and under oath, that he is the biological father; or (iv) if an adoptive placement has been determined to be in the best interests of the child pursuant to § 63.2-1205.E\n\nWhen none of the provisions of subsections C and D apply, notice of the entrustment shall be given to the presumed father pursuant to the requirements of § 16.1-277.01.F\n\nAn entrustment agreement for the termination of all parental rights and responsibilities with respect to the child shall be valid notwithstanding that it is not signed by the birth father of a child when the birth father has been 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\nA birth father may execute an entrustment agreement for the termination of all of his parental rights prior to the birth of the child. Such entrustment shall be subject to the revocation provisions of § 63.2-1223.H\n\nNo entrustment 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.I\n\nA copy of the entrustment agreement shall be furnished to all parties signing such agreement.J\n\nWhen any agency outside the Commonwealth, or its agent, that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates executes an entrustment agreement in the Commonwealth with a birth parent for the termination of all parental rights and responsibilities with respect to the child, the requirements of §§ 63.2-1221 through 63.2-1224 shall apply. The birth parent may expressly waive, under oath and in writing, the execution of the entrustment under the requirements of §§ 63.2-1221 through 63.2-1224 in favor of the execution of an entrustment or relinquishment under the laws of another state if the birth parent is represented by independent legal counsel. Such written waiver shall expressly state that the birth parent has received independent legal counsel advising of the laws of Virginia and of the other state and that Virginia law is expressly being waived. The waiver also shall include the name, address, and telephone number of such legal counsel. Any entrustment agreement that fails to comply with such requirements shall be void.","order_by":null,"text":{"0":{"id":289602,"text":"For the purposes of this section, a birth parent who is less than 18 years of age shall be deemed fully competent and shall have legal capacity to execute a valid entrustment agreement, including an agreement that provides for the termination of all parental rights and responsibilities, and perform all acts related to adoption and shall be as fully bound thereby as if such birth parent had attained the age of 18 years.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289603,"text":"An entrustment agreement for the termination of all parental rights and responsibilities with respect to the child shall be valid notwithstanding that it is not signed by the birth father of a child born out of wedlock if the identity of the birth father is not reasonably ascertainable or such birth father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) or the birth father named by the birth mother denies under oath and in writing the paternity of the child. An affidavit signed by the birth mother stating that the identity of the birth father is unknown may be filed with the court alleging that the identity of the birth father is not known or reasonably ascertainable. A birth father shall be given notice of the entrustment if he is an acknowledged father pursuant to § 20-49.1, an adjudicated father pursuant to § 20-49.8, a presumed father pursuant to § 63.2-1202, or a putative father who has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.). If the putative father’s identity is reasonably ascertainable, he shall be given notice pursuant to the requirements of § 63.2-1250.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289604,"text":"When a birth father is required to be given notice, he may be given notice of the entrustment by registered or certified mail to his last known address. If he fails to object to the entrustment within 15 days of the mailing of such notice, his entrustment shall not be required. An objection to an entrustment agreement shall be in writing, signed by the objecting party or counsel of record for the objecting party and filed with the agency that mailed the notice of entrustment within the time period specified in § 63.2-1223.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":289605,"text":"The execution of an entrustment agreement shall be required of a presumed father except under the following circumstances: (i) if he denies paternity under oath and in writing in accordance with § 63.2-1202; (ii) if the presumption is rebutted by sufficient evidence, satisfactory to the circuit court, which would establish by a preponderance of the evidence the paternity of another man or the impossibility or improbability of cohabitation of the birth mother and her husband for a period of at least 300 days preceding the birth of the child; (iii) if another man admits, in writing and under oath, that he is the biological father; or (iv) if an adoptive placement has been determined to be in the best interests of the child pursuant to § 63.2-1205.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":289606,"text":"When none of the provisions of subsections C and D apply, notice of the entrustment shall be given to the presumed father pursuant to the requirements of § 16.1-277.01.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":289607,"text":"An entrustment agreement for the termination of all parental rights and responsibilities with respect to the child shall be valid notwithstanding that it is not signed by the birth father of a child when the birth father has been 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"},"6":{"id":289608,"text":"A birth father may execute an entrustment agreement for the termination of all of his parental rights prior to the birth of the child. Such entrustment shall be subject to the revocation provisions of § 63.2-1223.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":289609,"text":"No entrustment 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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":289610,"text":"A copy of the entrustment agreement shall be furnished to all parties signing such agreement.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":289611,"text":"When any agency outside the Commonwealth, or its agent, that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates executes an entrustment agreement in the Commonwealth with a birth parent for the termination of all parental rights and responsibilities with respect to the child, the requirements of §§ 63.2-1221 through 63.2-1224 shall apply. The birth parent may expressly waive, under oath and in writing, the execution of the entrustment under the requirements of §§ 63.2-1221 through 63.2-1224 in favor of the execution of an entrustment or relinquishment under the laws of another state if the birth parent is represented by independent legal counsel. Such written waiver shall expressly state that the birth parent has received independent legal counsel advising of the laws of Virginia and of the other state and that Virginia law is expressly being waived. The waiver also shall include the name, address, and telephone number of such legal counsel. Any entrustment agreement that fails to comply with such requirements shall be void.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":15572,"edition_id":1,"name":"Agency Adoptions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14096,"metadata":{},"date_created":"2026-06-26 03:56:26","date_modified":"2026-06-26 03:56:26","permalink":{"id":271487,"object_type":"structure","relational_id":15572,"identifier":"2","token":"63.2\/III\/12\/2","url":"\/63.2\/III\/12\/2\/","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":87110,"structure_id":15572,"section_number":"63.2-1221","catch_line":"Placement of children for adoption by agency or local board","url":"\/63.2-1221\/","token":"63.2\/III\/12\/2\/63.2-1221","metadata":false},{"id":80789,"structure_id":15572,"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","url":"\/63.2-1222\/","token":"63.2\/III\/12\/2\/63.2-1222","metadata":false},{"id":66503,"structure_id":15572,"section_number":"63.2-1223","catch_line":"Revocation of entrustment agreement","url":"\/63.2-1223\/","token":"63.2\/III\/12\/2\/63.2-1223","metadata":false},{"id":66793,"structure_id":15572,"section_number":"63.2-1224","catch_line":"Explanation of process, legal effects of adoption required","url":"\/63.2-1224\/","token":"63.2\/III\/12\/2\/63.2-1224","metadata":false},{"id":74467,"structure_id":15572,"section_number":"63.2-1225","catch_line":"Determination of appropriate home","url":"\/63.2-1225\/","token":"63.2\/III\/12\/2\/63.2-1225","metadata":false},{"id":59404,"structure_id":15572,"section_number":"63.2-1226","catch_line":"When birth parents recommend adoptive parents","url":"\/63.2-1226\/","token":"63.2\/III\/12\/2\/63.2-1226","metadata":false},{"id":75367,"structure_id":15572,"section_number":"63.2-1227","catch_line":"Filing of petition for agency adoption","url":"\/63.2-1227\/","token":"63.2\/III\/12\/2\/63.2-1227","metadata":false},{"id":73962,"structure_id":15572,"section_number":"63.2-1228","catch_line":"Forwarding of petition","url":"\/63.2-1228\/","token":"63.2\/III\/12\/2\/63.2-1228","metadata":false},{"id":76967,"structure_id":15572,"section_number":"63.2-1228.1","catch_line":"Repealed","url":"\/63.2-1228.1\/","token":"63.2\/III\/12\/2\/63.2-1228.1","metadata":false},{"id":84546,"structure_id":15572,"section_number":"63.2-1229","catch_line":"Foster parent adoption","url":"\/63.2-1229\/","token":"63.2\/III\/12\/2\/63.2-1229","metadata":false}],"previous_section":{"id":87110,"structure_id":15572,"section_number":"63.2-1221","catch_line":"Placement of children for adoption by agency or local board","url":"\/63.2-1221\/","token":"63.2\/III\/12\/2\/63.2-1221","metadata":false},"next_section":{"id":66503,"structure_id":15572,"section_number":"63.2-1223","catch_line":"Revocation of entrustment agreement","url":"\/63.2-1223\/","token":"63.2\/III\/12\/2\/63.2-1223","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1222\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 647 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1990, chapter 202; in 1991, chapter 364; in 1995, chapters 772<\/a> and 826<\/a>; in 1999, chapter 1028<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2004, chapter 815<\/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 2012, chapter 424<\/a>; in 2017, chapter 200<\/a>; in 2025, chapter 547<\/a>.<\/p>","references":false,"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":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"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":66793,"section_number":"63.2-1224","catch_line":"Explanation of process, legal effects of adoption required","order_by":null,"url":"\/63.2-1224\/"},{"id":72171,"section_number":"63.2-1249","catch_line":"Establishment of Registry","order_by":null,"url":"\/63.2-1249\/"}],"permalink":{"id":271493,"object_type":"law","relational_id":80789,"identifier":"63.2-1222","token":"63.2\/III\/12\/2\/63.2-1222","url":"\/63.2-1222\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1222\/","token":"63.2\/III\/12\/2\/63.2-1222","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1222","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, a birth parent<\/span> who is less than 18 years of age shall be deemed fully competent and shall have legal capacity to execute a valid entrustment agreement, including an agreement that provides for the termination of all parental rights and responsibilities, and perform all acts related to adoption and shall be as fully bound thereby as if such birth parent<\/span> had attained the age of 18 years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An entrustment agreement for the termination of all parental rights and responsibilities with respect to the child<\/span> shall be valid notwithstanding that it is not signed by the birth father of a child<\/span> born out of wedlock if the identity of the birth father is not reasonably ascertainable or such birth father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249<\/a> et seq.) or the birth father named by the birth mother denies under oath<\/span> and in writing the paternity of the child<\/span>. An affidavit<\/span> signed by the birth mother stating that the identity of the birth father is unknown may be filed with the court<\/span> alleging that the identity of the birth father is not known or reasonably ascertainable. A birth father shall be given notice of the entrustment if he is an acknowledged father pursuant to § 20-49.1<\/a>, an adjudicated father pursuant to § 20-49.8<\/a>, a presumed father pursuant to § 63.2-1202<\/a>, or a putative father who has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249<\/a> et seq.). If the putative father’s identity is reasonably ascertainable, he shall be given notice pursuant to the requirements of § 63.2-1250<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a birth father is required to be given notice, he may be given notice of the entrustment by registered or certified mail to his last known address. If he fails to object<\/span> to the entrustment within 15 days of the mailing of such notice, his entrustment shall not be required. An objection to an entrustment agreement shall be in writing, signed by the objecting party<\/span> or counsel<\/span> of record for the objecting party<\/span> and filed with the agency that mailed the notice of entrustment within the time period specified in § 63.2-1223<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The execution of an entrustment agreement shall be required of a presumed father except under the following circumstances: (i) if he denies paternity under oath<\/span> and in writing in accordance with § 63.2-1202<\/a>; (ii) if the presumption<\/span> is rebutted by sufficient evidence, satisfactory to the circuit<\/span> court<\/span>, which would establish by a preponderance of the evidence<\/span> the paternity of another man or the impossibility or improbability of cohabitation of the birth mother and her husband for a period of at least 300 days preceding the birth of the child<\/span>; (iii) if another man admits, in writing and under oath<\/span>, that he is the biological father; or (iv) if an adoptive placement<\/span> has been determined to be in the best interests of the child<\/span> pursuant to § 63.2-1205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When none of the provisions of subsections C and D apply, notice of the entrustment shall be given to the presumed father pursuant to the requirements of § 16.1-277.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An entrustment agreement for the termination of all parental rights and responsibilities with respect to the child<\/span> shall be valid notwithstanding that it is not signed by the birth father of a child<\/span> when the birth father has been 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> A birth father may execute an entrustment agreement for the termination of all of his parental rights prior to the birth of the child<\/span>. Such entrustment shall be subject to the revocation<\/span> provisions of § 63.2-1223<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No entrustment 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

I.<\/span> A copy of the entrustment agreement shall be furnished to all parties signing such agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> When any agency outside the Commonwealth, or its agent, that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws<\/span> under which it operates executes an entrustment agreement in the Commonwealth with a birth parent<\/span> for the termination of all parental rights and responsibilities with respect to the child<\/span>, the requirements of §§ 63.2-1221<\/a> through 63.2-1224<\/a> shall apply. The birth parent<\/span> may expressly waive<\/span>, under oath<\/span> and in writing, the execution of the entrustment under the requirements of §§ 63.2-1221<\/a> through 63.2-1224<\/a> in favor of the execution of an entrustment or relinquishment under the laws<\/span> of another state if the birth parent<\/span> is represented by independent legal counsel<\/span>. Such written waiver<\/span> shall expressly state that the birth parent<\/span> has received independent legal counsel<\/span> advising of the laws<\/span> of Virginia and of the other state and that Virginia law<\/span> is expressly being waived. The waiver<\/span> also shall include the name, address, and telephone number of such legal counsel<\/span>. Any entrustment agreement that fails to comply with such requirements shall be void. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXECUTION OF ENTRUSTMENT AGREEMENT BY BIRTH PARENT(S); EXCEPTIONS; NOTICE AND\nOBJECTION TO ENTRUSTMENT; COPY REQUIRED TO BE FURNISHED; REQUIREMENT FOR\nAGENCIES OUTSIDE THE COMMONWEALTH (\u00a7 63.2-1222)\n\nA. For the purposes of this section, a birth parent who is less than 18 years of\nage shall be deemed fully competent and shall have legal capacity to execute a\nvalid entrustment agreement, including an agreement that provides for the\ntermination of all parental rights and responsibilities, and perform all acts\nrelated to adoption and shall be as fully bound thereby as if such birth parent\nhad attained the age of 18 years.\n\nB. An entrustment agreement for the termination of all parental rights and\nresponsibilities with respect to the child shall be valid notwithstanding that\nit is not signed by the birth father of a child born out of wedlock if the\nidentity of the birth father is not reasonably ascertainable or such birth\nfather did not register with the Virginia Birth Father Registry pursuant to\nArticle 7 (§ 63.2-1249 et seq.) or the birth father named by the birth\nmother denies under oath and in writing the paternity of the child. An affidavit\nsigned by the birth mother stating that the identity of the birth father is\nunknown may be filed with the court alleging that the identity of the birth\nfather is not known or reasonably ascertainable. A birth father shall be given\nnotice of the entrustment if he is an acknowledged father pursuant to §\n20-49.1, an adjudicated father pursuant to § 20-49.8, a presumed father\npursuant to § 63.2-1202, or a putative father who has registered with the\nVirginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.).\nIf the putative father’s identity is reasonably ascertainable, he shall be\ngiven notice pursuant to the requirements of § 63.2-1250.\n\nC. When a birth father is required to be given notice, he may be given notice of\nthe entrustment by registered or certified mail to his last known address. If he\nfails to object to the entrustment within 15 days of the mailing of such notice,\nhis entrustment shall not be required. An objection to an entrustment agreement\nshall be in writing, signed by the objecting party or counsel of record for the\nobjecting party and filed with the agency that mailed the notice of entrustment\nwithin the time period specified in § 63.2-1223.\n\nD. The execution of an entrustment agreement shall be required of a presumed\nfather except under the following circumstances: (i) if he denies paternity\nunder oath and in writing in accordance with § 63.2-1202; (ii) if the\npresumption is rebutted by sufficient evidence, satisfactory to the circuit\ncourt, which would establish by a preponderance of the evidence the paternity of\nanother man or the impossibility or improbability of cohabitation of the birth\nmother and her husband for a period of at least 300 days preceding the birth of\nthe child; (iii) if another man admits, in writing and under oath, that he is\nthe biological father; or (iv) if an adoptive placement has been determined to\nbe in the best interests of the child pursuant to § 63.2-1205.\n\nE. When none of the provisions of subsections C and D apply, notice of the\nentrustment shall be given to the presumed father pursuant to the requirements\nof § 16.1-277.01.\n\nF. An entrustment agreement for the termination of all parental rights and\nresponsibilities with respect to the child shall be valid notwithstanding that\nit is not signed by the birth father of a child when the birth father has been\nconvicted of a violation of subsection A of § 18.2-61, § 18.2-63,\nsubsection B of § 18.2-366, or an equivalent offense of another state, the\nUnited States, or any foreign jurisdiction, or has been found by clear and\nconvincing evidence to have engaged in the conduct prohibited by subsection A of\n§ 18.2-61, § 18.2-63, or subsection B of § 18.2-366, whether or\nnot the birth father has been charged with or convicted of the alleged\nviolation, and the child was conceived as a result of such violation or conduct.\n\nG. A birth father may execute an entrustment agreement for the termination of\nall of his parental rights prior to the birth of the child. Such entrustment\nshall be subject to the revocation provisions of § 63.2-1223.\n\nH. No entrustment shall be required of a birth father if he denies under oath\nand in writing the paternity of the child. Such denial of paternity may be\nwithdrawn no more than 10 days after it is executed. Once the child is 10 days\nold, any executed denial of paternity is final and constitutes a waiver of all\nrights with respect to the adoption of the child and cannot be withdrawn.\n\nI. A copy of the entrustment agreement shall be furnished to all parties signing\nsuch agreement.\n\nJ. When any agency outside the Commonwealth, or its agent, that is licensed or\notherwise duly authorized to place children for adoption by virtue of the laws\nunder which it operates executes an entrustment agreement in the Commonwealth\nwith a birth parent for the termination of all parental rights and\nresponsibilities with respect to the child, the requirements of §§\n63.2-1221 through 63.2-1224 shall apply. The birth parent may expressly waive,\nunder oath and in writing, the execution of the entrustment under the\nrequirements of §§ 63.2-1221 through 63.2-1224 in favor of the\nexecution of an entrustment or relinquishment under the laws of another state if\nthe birth parent is represented by independent legal counsel. Such written\nwaiver shall expressly state that the birth parent has received independent\nlegal counsel advising of the laws of Virginia and of the other state and that\nVirginia law is expressly being waived. The waiver also shall include the name,\naddress, and telephone number of such legal counsel. Any entrustment agreement\nthat fails to comply with such requirements shall be void.\n\nHISTORY: 1989, c. 647, \u00a7 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772,\n826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.29; 2002, c. 747; 2004, c. 815;\n2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2012, c.\n424; 2017, c. 200; 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}}