{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1232.html"}],"law_id":75426,"edition_id":1,"section_id":75426,"structure_id":14097,"section_number":"63.2-1232","catch_line":"Requirements of a parental placement adoption; exception","history":"1989, c. 647, \u00a7 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.39; 2002, c. 747; 2006, cc. 654, 825, 848; 2010, c. 276; 2015, c. 529; 2017, c. 193.","full_text":"A\n\nThe juvenile and domestic relations district court shall not accept consent until it determines that:1\n\nThe birth parent(s) are aware of alternatives to adoption, adoption procedures, and opportunities for placement with other adoptive families, and that the birth parents’ consent is informed and uncoerced.2\n\nA licensed or duly authorized child-placing agency has counseled the prospective adoptive parents with regard to alternatives to adoption, adoption procedures, including the need to address the parental rights of birth parents, the procedures for terminating such rights, and opportunities for adoption of other children; that the prospective adoptive parents’ decision is informed and uncoerced; and that they intend to file an adoption petition and proceed toward a final order of adoption.3\n\nThe birth parent(s) and adoptive parents have exchanged identifying information including but not limited to full names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the child, unless both parties agree in writing to waive the disclosure of full names and addresses.4\n\nAny financial agreement or exchange of property among the parties and any fees charged or paid for services related to the placement or adoption of the child have been disclosed to the court and that all parties understand that no binding contract regarding placement or adoption of the child exists.5\n\nThere has been no violation of the provisions of § 63.2-1218 in connection with the placement; however, if it appears there has been such violation, the court shall not reject consent of the birth parent to the adoption for that reason alone but shall report the alleged violation as required by § 63.2-1219.6\n\nA licensed or duly authorized child-placing agency has conducted a home study of the prospective adoptive home in accordance with regulations established by the Board and, in the case of home studies by local boards, in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department, and has provided to the court a report of such home study, which shall contain the agency’s recommendation regarding the suitability of the placement. A married couple or an unmarried individual shall be eligible to receive placement of a child for adoption.7\n\nThe birth parent(s) have been informed of their opportunity to be represented by legal counsel.B\n\nThe juvenile and domestic relations district court shall not accept the consent if the requirements of subsection A have not been met. In such cases, it shall refer the birth parent to a licensed or duly authorized child-placing agency for investigation and recommendation in accordance with §§ 63.2-1208 and 63.2-1238. If the juvenile and domestic relations district court determines that any of the parties is financially unable to obtain the required services, it shall refer the matter to the local director.C\n\nIn cases in which a birth parent who resides in the Commonwealth places his child for adoption with adoptive parents in another state and the laws of that receiving state govern the proceeding for adoption, the birth parent may elect to waive the execution of consent pursuant to § 63.2-1233 and instead execute consent to the adoption pursuant to the laws of the receiving state. Any waiver of consent made pursuant to this subsection shall be made under oath and in writing, and shall expressly state that the birth parent has received independent legal counsel from an attorney licensed in the Commonwealth of Virginia advising him of the laws of the Commonwealth, the laws of the receiving state pursuant to which he elects to consent to the adoption, and the effects of his waiver of consent pursuant to § 63.2-1233 and election to consent pursuant to the laws of the receiving state. Any waiver of consent and election to consent pursuant to the laws of a receiving state shall include the name, address, and telephone number of such legal counsel. Failure to comply with this section shall render a waiver of consent pursuant to § 63.2-1233 and election to consent pursuant to the laws of the receiving state as authorized by this subsection invalid.D\n\nWhen consent to a parental placement adoption is sought pursuant to this article and the prospective adoptive parent(s) have had continuous physical and legal custody of the child for five or more years, the juvenile and domestic relations district court may, in its discretion, accept consent without (i) a home study as required by subsection A of § 63.2-1231 and subdivision A 6 of this section and (ii) the meeting and counseling requirements, as they relate to the prospective adoptive parent(s), listed in subsection A of § 63.2-1231 and subdivision A 2 of this section. All other provisions of the parental placement adoption statutes shall apply.","order_by":null,"text":{"0":{"id":270753,"text":"The juvenile and domestic relations district court shall not accept consent until it determines that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":270754,"text":"The birth parent(s) are aware of alternatives to adoption, adoption procedures, and opportunities for placement with other adoptive families, and that the birth parents’ consent is informed and uncoerced.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":270755,"text":"A licensed or duly authorized child-placing agency has counseled the prospective adoptive parents with regard to alternatives to adoption, adoption procedures, including the need to address the parental rights of birth parents, the procedures for terminating such rights, and opportunities for adoption of other children; that the prospective adoptive parents’ decision is informed and uncoerced; and that they intend to file an adoption petition and proceed toward a final order of adoption.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":270756,"text":"The birth parent(s) and adoptive parents have exchanged identifying information including but not limited to full names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the child, unless both parties agree in writing to waive the disclosure of full names and addresses.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":270757,"text":"Any financial agreement or exchange of property among the parties and any fees charged or paid for services related to the placement or adoption of the child have been disclosed to the court and that all parties understand that no binding contract regarding placement or adoption of the child exists.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":270758,"text":"There has been no violation of the provisions of § 63.2-1218 in connection with the placement; however, if it appears there has been such violation, the court shall not reject consent of the birth parent to the adoption for that reason alone but shall report the alleged violation as required by § 63.2-1219.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":270759,"text":"A licensed or duly authorized child-placing agency has conducted a home study of the prospective adoptive home in accordance with regulations established by the Board and, in the case of home studies by local boards, in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department, and has provided to the court a report of such home study, which shall contain the agency’s recommendation regarding the suitability of the placement. A married couple or an unmarried individual shall be eligible to receive placement of a child for adoption.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":270760,"text":"The birth parent(s) have been informed of their opportunity to be represented by legal counsel.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":270761,"text":"The juvenile and domestic relations district court shall not accept the consent if the requirements of subsection A have not been met. In such cases, it shall refer the birth parent to a licensed or duly authorized child-placing agency for investigation and recommendation in accordance with §§ 63.2-1208 and 63.2-1238. If the juvenile and domestic relations district court determines that any of the parties is financially unable to obtain the required services, it shall refer the matter to the local director.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":270762,"text":"In cases in which a birth parent who resides in the Commonwealth places his child for adoption with adoptive parents in another state and the laws of that receiving state govern the proceeding for adoption, the birth parent may elect to waive the execution of consent pursuant to § 63.2-1233 and instead execute consent to the adoption pursuant to the laws of the receiving state. Any waiver of consent made pursuant to this subsection shall be made under oath and in writing, and shall expressly state that the birth parent has received independent legal counsel from an attorney licensed in the Commonwealth of Virginia advising him of the laws of the Commonwealth, the laws of the receiving state pursuant to which he elects to consent to the adoption, and the effects of his waiver of consent pursuant to § 63.2-1233 and election to consent pursuant to the laws of the receiving state. Any waiver of consent and election to consent pursuant to the laws of a receiving state shall include the name, address, and telephone number of such legal counsel. Failure to comply with this section shall render a waiver of consent pursuant to § 63.2-1233 and election to consent pursuant to the laws of the receiving state as authorized by this subsection invalid.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":270763,"text":"When consent to a parental placement adoption is sought pursuant to this article and the prospective adoptive parent(s) have had continuous physical and legal custody of the child for five or more years, the juvenile and domestic relations district court may, in its discretion, accept consent without (i) a home study as required by subsection A of § 63.2-1231 and subdivision A 6 of this section and (ii) the meeting and counseling requirements, as they relate to the prospective adoptive parent(s), listed in subsection A of § 63.2-1231 and subdivision A 2 of this section. All other provisions of the parental placement adoption statutes shall apply.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14097,"edition_id":1,"name":"Parental Placement Adoptions","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14096,"metadata":{},"date_created":"2026-06-26 03:46:52","date_modified":"2026-06-26 03:46:52","permalink":{"id":271529,"object_type":"structure","relational_id":14097,"identifier":"3","token":"63.2\/III\/12\/3","url":"\/63.2\/III\/12\/3\/","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":63566,"structure_id":14097,"section_number":"63.2-1230","catch_line":"Placement of children by parent or guardian","url":"\/63.2-1230\/","token":"63.2\/III\/12\/3\/63.2-1230","metadata":false},{"id":82655,"structure_id":14097,"section_number":"63.2-1231","catch_line":"Home study; meeting required; exception","url":"\/63.2-1231\/","token":"63.2\/III\/12\/3\/63.2-1231","metadata":false},{"id":75426,"structure_id":14097,"section_number":"63.2-1232","catch_line":"Requirements of a parental placement adoption; exception","url":"\/63.2-1232\/","token":"63.2\/III\/12\/3\/63.2-1232","metadata":false},{"id":69788,"structure_id":14097,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","url":"\/63.2-1233\/","token":"63.2\/III\/12\/3\/63.2-1233","metadata":false},{"id":80402,"structure_id":14097,"section_number":"63.2-1234","catch_line":"When consent is revocable","url":"\/63.2-1234\/","token":"63.2\/III\/12\/3\/63.2-1234","metadata":false},{"id":55223,"structure_id":14097,"section_number":"63.2-1235","catch_line":"Adoptive home not in child's best interests","url":"\/63.2-1235\/","token":"63.2\/III\/12\/3\/63.2-1235","metadata":false},{"id":76454,"structure_id":14097,"section_number":"63.2-1236","catch_line":"Duty of Department to disseminate information","url":"\/63.2-1236\/","token":"63.2\/III\/12\/3\/63.2-1236","metadata":false},{"id":79340,"structure_id":14097,"section_number":"63.2-1237","catch_line":"Petition for parental placement adoption; jurisdiction; contents","url":"\/63.2-1237\/","token":"63.2\/III\/12\/3\/63.2-1237","metadata":false},{"id":63654,"structure_id":14097,"section_number":"63.2-1238","catch_line":"Forwarding of petition; when investigation and report not required","url":"\/63.2-1238\/","token":"63.2\/III\/12\/3\/63.2-1238","metadata":false},{"id":71186,"structure_id":14097,"section_number":"63.2-1239","catch_line":"Return of copies furnished to counsel","url":"\/63.2-1239\/","token":"63.2\/III\/12\/3\/63.2-1239","metadata":false},{"id":78297,"structure_id":14097,"section_number":"63.2-1240","catch_line":"Court issuing order deemed sending agency under Interstate Compact on Placement of Children","url":"\/63.2-1240\/","token":"63.2\/III\/12\/3\/63.2-1240","metadata":false}],"previous_section":{"id":82655,"structure_id":14097,"section_number":"63.2-1231","catch_line":"Home study; meeting required; exception","url":"\/63.2-1231\/","token":"63.2\/III\/12\/3\/63.2-1231","metadata":false},"next_section":{"id":69788,"structure_id":14097,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","url":"\/63.2-1233\/","token":"63.2\/III\/12\/3\/63.2-1233","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1232\/","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 11 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 1991, chapters 364 and 602; in 1992, chapter 125; in 1993, chapters 338 and 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 2006, chapters 654<\/a>, 825<\/a>, and 848<\/a>; in 2010, chapter 276<\/a>; in 2015, chapter 529<\/a>; in 2017, chapter 193<\/a>.<\/p>","references":[{"id":74467,"section_number":"63.2-1225","catch_line":"Determination of appropriate home","order_by":null,"url":"\/63.2-1225\/"},{"id":82655,"section_number":"63.2-1231","catch_line":"Home study; meeting required; exception","order_by":null,"url":"\/63.2-1231\/"},{"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":76454,"section_number":"63.2-1236","catch_line":"Duty of Department to disseminate information","order_by":null,"url":"\/63.2-1236\/"},{"id":79340,"section_number":"63.2-1237","catch_line":"Petition for parental placement adoption; jurisdiction; contents","order_by":null,"url":"\/63.2-1237\/"}],"refers_to":[{"id":58081,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","order_by":null,"url":"\/63.2-1208\/"},{"id":86942,"section_number":"63.2-1218","catch_line":"Certain exchange of property, advertisement, solicitation prohibited; penalty","order_by":null,"url":"\/63.2-1218\/"},{"id":82655,"section_number":"63.2-1231","catch_line":"Home study; meeting required; exception","order_by":null,"url":"\/63.2-1231\/"},{"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":63654,"section_number":"63.2-1238","catch_line":"Forwarding of petition; when investigation and report not required","order_by":null,"url":"\/63.2-1238\/"}],"permalink":{"id":271539,"object_type":"law","relational_id":75426,"identifier":"63.2-1232","token":"63.2\/III\/12\/3\/63.2-1232","url":"\/63.2-1232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1232\/","token":"63.2\/III\/12\/3\/63.2-1232","dublin_core":{"Title":"Requirements of a parental placement adoption; exception","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The juvenile and domestic relations district court<\/span> shall not accept consent until it determines that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The birth parent<\/span>(s) are aware of alternatives to adoption, adoption procedures, and opportunities for placement with other adoptive families, and that the birth parents<\/span>’ consent is informed and uncoerced. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A licensed or duly authorized child<\/span>-placing agency<\/span> has counseled the prospective adoptive parents with regard to alternatives to adoption, adoption procedures, including the need to address the parental rights of birth parents<\/span>, the procedures for terminating such rights, and opportunities for adoption of other children; that the prospective adoptive parents’ decision is informed and uncoerced; and that they intend to file an adoption petition<\/span> and proceed toward a final order<\/span> of adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The birth parent<\/span>(s) and adoptive parents have exchanged identifying information including but not limited to full names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the child<\/span>, unless both parties agree in writing to waive<\/span> the disclosure of full names and addresses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any financial agreement or exchange of property among the parties and any fees charged or paid for services related to the placement or adoption of the child<\/span> have been disclosed to the court<\/span> and that all parties understand that no binding contract<\/span> regarding placement or adoption of the child<\/span> exists. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> There has been no violation of the provisions of § 63.2-1218<\/a> in connection with the placement; however, if it appears there has been such violation, the court<\/span> shall not reject consent of the birth parent<\/span> to the adoption for that reason alone but shall report the alleged violation as required by § 63.2-1219<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A licensed or duly authorized child<\/span>-placing agency<\/span> has conducted a home study of the prospective adoptive home<\/span> in accordance with regulations established by the Board<\/span> and, in the case of home studies by local boards<\/span>, in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department<\/span>, and has provided to the court<\/span> a report of such home study, which shall contain the agency’s recommendation regarding the suitability of the placement. A married couple or an unmarried individual shall be eligible to receive placement of a child<\/span> for adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The birth parent<\/span>(s) have been informed of their opportunity to be represented by legal counsel<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The juvenile and domestic relations district court<\/span> shall not accept the consent if the requirements of subsection A have not been met. In such cases, it shall refer the birth parent<\/span> to a licensed or duly authorized child<\/span>-placing agency<\/span> for investigation and recommendation in accordance with §§ 63.2-1208<\/a> and 63.2-1238<\/a>. If the juvenile and domestic relations district court<\/span> determines that any of the parties is financially unable to obtain the required services, it shall refer the matter to the local director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases in which a birth parent<\/span> who resides in the Commonwealth places his child<\/span> for adoption with adoptive parents in another state and the laws<\/span> of that receiving state govern the proceeding for adoption, the birth parent<\/span> may elect to waive<\/span> the execution of consent pursuant to § 63.2-1233<\/a> and instead execute consent to the adoption pursuant to the laws<\/span> of the receiving state. Any waiver<\/span> of consent made pursuant to this subsection shall be made under oath<\/span> and in writing, and shall expressly state that the birth parent<\/span> has received independent legal counsel<\/span> from an attorney licensed in the Commonwealth of Virginia advising him of the laws<\/span> of the Commonwealth, the laws<\/span> of the receiving state pursuant to which he elects to consent to the adoption, and the effects of his waiver<\/span> of consent pursuant to § 63.2-1233<\/a> and election to consent pursuant to the laws<\/span> of the receiving state. Any waiver<\/span> of consent and election to consent pursuant to the laws<\/span> of a receiving state shall include the name, address, and telephone number of such legal counsel<\/span>. Failure to comply with this section shall render a waiver<\/span> of consent pursuant to § 63.2-1233<\/a> and election to consent pursuant to the laws<\/span> of the receiving state as authorized by this subsection invalid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When consent to a parental placement<\/span> adoption is sought pursuant to this article and the prospective adoptive parent(s) have had continuous physical and legal custody<\/span> of the child<\/span> for five or more years, the juvenile and domestic relations district court<\/span> may, in its discretion, accept consent without (i) a home study as required by subsection A of § 63.2-1231<\/a> and subdivision A 6 of this section and (ii) the meeting and counseling requirements, as they relate to the prospective adoptive parent(s), listed in subsection A of § 63.2-1231<\/a> and subdivision A 2 of this section. All other provisions of the parental placement<\/span> adoption statutes<\/span> shall apply. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENTS OF A PARENTAL PLACEMENT ADOPTION; EXCEPTION (\u00a7 63.2-1232)\n\nA. The juvenile and domestic relations district court shall not accept consent\nuntil it determines that:\n\n 1. The birth parent(s) are aware of alternatives to adoption, adoption\n procedures, and opportunities for placement with other adoptive families, and\n that the birth parents’ consent is informed and uncoerced.\n\n 2. A licensed or duly authorized child-placing agency has counseled the\n prospective adoptive parents with regard to alternatives to adoption, adoption\n procedures, including the need to address the parental rights of birth\n parents, the procedures for terminating such rights, and opportunities for\n adoption of other children; that the prospective adoptive parents’\n decision is informed and uncoerced; and that they intend to file an adoption\n petition and proceed toward a final order of adoption.\n\n 3. The birth parent(s) and adoptive parents have exchanged identifying\n information including but not limited to full names, addresses, physical,\n mental, social and psychological information and any other information\n necessary to promote the welfare of the child, unless both parties agree in\n writing to waive the disclosure of full names and addresses.\n\n 4. Any financial agreement or exchange of property among the parties and any\n fees charged or paid for services related to the placement or adoption of the\n child have been disclosed to the court and that all parties understand that no\n binding contract regarding placement or adoption of the child exists.\n\n 5. There has been no violation of the provisions of § 63.2-1218 in\n connection with the placement; however, if it appears there has been such\n violation, the court shall not reject consent of the birth parent to the\n adoption for that reason alone but shall report the alleged violation as\n required by § 63.2-1219.\n\n 6. A licensed or duly authorized child-placing agency has conducted a home\n study of the prospective adoptive home in accordance with regulations\n established by the Board and, in the case of home studies by local boards, in\n accordance with the Mutual Family Assessment home study template and any\n addenda thereto developed by the Department, and has provided to the court a\n report of such home study, which shall contain the agency’s\n recommendation regarding the suitability of the placement. A married couple or\n an unmarried individual shall be eligible to receive placement of a child for\n adoption.\n\n 7. The birth parent(s) have been informed of their opportunity to be\n represented by legal counsel.\n\nB. The juvenile and domestic relations district court shall not accept the\nconsent if the requirements of subsection A have not been met. In such cases, it\nshall refer the birth parent to a licensed or duly authorized child-placing\nagency for investigation and recommendation in accordance with §§\n63.2-1208 and 63.2-1238. If the juvenile and domestic relations district court\ndetermines that any of the parties is financially unable to obtain the required\nservices, it shall refer the matter to the local director.\n\nC. In cases in which a birth parent who resides in the Commonwealth places his\nchild for adoption with adoptive parents in another state and the laws of that\nreceiving state govern the proceeding for adoption, the birth parent may elect\nto waive the execution of consent pursuant to § 63.2-1233 and instead\nexecute consent to the adoption pursuant to the laws of the receiving state. Any\nwaiver of consent made pursuant to this subsection shall be made under oath and\nin writing, and shall expressly state that the birth parent has received\nindependent legal counsel from an attorney licensed in the Commonwealth of\nVirginia advising him of the laws of the Commonwealth, the laws of the receiving\nstate pursuant to which he elects to consent to the adoption, and the effects of\nhis waiver of consent pursuant to § 63.2-1233 and election to consent\npursuant to the laws of the receiving state. Any waiver of consent and election\nto consent pursuant to the laws of a receiving state shall include the name,\naddress, and telephone number of such legal counsel. Failure to comply with this\nsection shall render a waiver of consent pursuant to § 63.2-1233 and\nelection to consent pursuant to the laws of the receiving state as authorized by\nthis subsection invalid.\n\nD. When consent to a parental placement adoption is sought pursuant to this\narticle and the prospective adoptive parent(s) have had continuous physical and\nlegal custody of the child for five or more years, the juvenile and domestic\nrelations district court may, in its discretion, accept consent without (i) a\nhome study as required by subsection A of § 63.2-1231 and subdivision A 6\nof this section and (ii) the meeting and counseling requirements, as they relate\nto the prospective adoptive parent(s), listed in subsection A of §\n63.2-1231 and subdivision A 2 of this section. All other provisions of the\nparental placement adoption statutes shall apply.\n\nHISTORY: 1989, c. 647, \u00a7 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993,\ncc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.39;\n2002, c. 747; 2006, cc. 654, 825, 848; 2010, c. 276; 2015, c. 529; 2017, c. 193.","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}}