{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1233.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1233.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1233.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1233.html"}],"law_id":69788,"edition_id":1,"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","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 63.1-219.40; 2002, c. 747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2017, c. 200; 2025, c. 547.","full_text":"When the juvenile and domestic relations district court is satisfied that all requirements of \u00a7 63.2-1232 have been met with respect to at least one birth parent and the adoptive child is at least in the third calendar day of life, that birth parent or both birth parents, as the case may be, shall execute consent to the proposed adoption in compliance with the provisions of \u00a7 63.2-1202 while before the juvenile and domestic relations district court in person and in the presence of the prospective adoptive parents. The juvenile and domestic relations district court shall accept the consent of the birth parent(s) and transfer custody of the child to the prospective adoptive parents, pending notification to any nonconsenting birth parent, as described hereinafter.\n\n1\n\na. The execution of consent before the juvenile and domestic relations district court shall not be required of a birth father if the birth father consents under oath and in writing to the adoption.\n\t\t\tb. The consent of a birth father who is not married to the mother of the child at the time of the child’s conception or birth shall not be required if the putative father named by the birth mother denies under oath and in writing the paternity of the child or if the putative father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) of this chapter. If the identity of the birth father is reasonably ascertainable, but the whereabouts of the birth father are not reasonably ascertainable, verification of compliance with the Virginia Birth Father Registry shall be provided to the court.\n\t\t\tc. When a birth father is required to be given notice, he may be given notice of the adoption by registered or certified mail to his last known address and if he fails to object to the adoption within 15 days of the mailing of such notice, his consent shall not be required. An objection shall be in writing, signed by the objecting party or counsel of record for the objecting party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the court, within the time period specified in this section. When no timely objection is filed, no hearing on this issue is required. Failure of the objecting party to appear at any scheduled hearing, either in person or by counsel, shall constitute a waiver of such objection.\n\t\t\td. The juvenile and domestic relations district court may accept the written consent of the birth father at the time of the child’s conception or birth, provided that his identifying information required in § 63.2-1232 is filed in writing with the juvenile and domestic relations district court of jurisdiction. Such consent shall advise the birth father of his opportunity for legal representation, shall identify the court in which the case was or is intended to be filed, and shall be presented to the juvenile and domestic relations district court for acceptance. The consent may waive further notice of the adoption proceedings and shall contain the name, address and telephone number of the birth father’s legal counsel or an acknowledgment that he was informed of his opportunity to be represented by legal counsel and declined such representation. For good cause shown, the court may dispense with the requirements regarding the filing of the birth father’s identifying information pursuant to this subdivision 1. d.\n\t\t\te. In the event that the birth mother’s consent is not executed in the juvenile and domestic relations district court, the consent of the birth father shall be executed in the juvenile and domestic relations district court.\n\t\t\tf. A child born to a married birth mother shall be presumed to be the child of her husband and his consent shall be required, unless the court finds that the father’s consent is withheld contrary to the best interests of the child as provided in § 63.2-1205 or if his consent is unobtainable. The consent of such presumed father shall be under oath and in writing and may be executed in or out of court. The presumption that the husband is the father of the child may be rebutted by sufficient evidence, satisfactory to the juvenile and domestic relations district 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, in which case the husband’s consent shall not be required. The executed denial of paternity by the putative father shall be sufficient to rebut the presumption that he is the father of the child. If the court is satisfied that the presumption has been rebutted, notice of the adoption shall not be required to be given to the presumed father.2\n\nAfter the application of the provisions of subdivision 1, if a birth parent is entitled to a hearing, the birth parent shall be given notice of the date and location of the hearing and be given the opportunity to appear before the juvenile and domestic relations district court. Such hearing may occur subsequent to the proceeding wherein the consenting birth parent appeared but may not be held until 15 days after personal service of notice on the nonconsenting birth parent, or if personal service is unobtainable, 10 days after the completion of the execution of an order of publication against such birth parent. The juvenile and domestic relations district court may appoint counsel for the birth parent(s). If the juvenile and domestic relations district court finds that consent is withheld contrary to the best interests of the child, as set forth in § 63.2-1205, or is unobtainable, it may grant the petition without such consent and enter an order waiving the requirement of consent of the nonconsenting birth parent and transferring custody of the child to the prospective adoptive parents. No further consent or notice shall be required of a birth parent who fails to appear at any scheduled hearing, either in person or by counsel. If the juvenile and domestic relations district court denies the petition, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement shall be void and, if necessary, the court shall determine custody of the child as between the birth parents.3\n\nExcept as provided in subdivisions 4 and 5, if consent cannot be obtained from at least one birth parent, the juvenile and domestic relations district court shall deny the petition and determine custody of the child pursuant to § 16.1-278.2.4\n\nIf a child has been under the physical care and custody of the prospective adoptive parents and if both birth parents have failed, without good cause, to appear at a hearing to execute consent under this section for which they were given proper notice pursuant to § 16.1-264, the juvenile and domestic relations district court may grant the petition without the consent of either birth parent and enter an order waiving consent and transferring custody of the child to the prospective adoptive parents. Prior to the entry of such an order, the juvenile and domestic relations district court may appoint legal counsel for the birth parents and shall find by clear and convincing evidence (i) that the birth parents were given proper notice of the hearing(s) to execute consent and of the hearing to proceed without their consent; (ii) that the birth parents failed to show good cause for their failure to appear at such hearing(s); and (iii) that pursuant to § 63.2-1205, the consent of the birth parents is withheld contrary to the best interests of the child or is unobtainable. Under this subdivision, the court or the parties may waive the requirement of the simultaneous meeting under § 63.2-1231 and the requirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232 where the opportunity for compliance is not reasonably available under the applicable circumstances.5\n\nIf both birth parents are deceased, the juvenile and domestic relations district court, after hearing evidence to that effect, may grant the petition without the filing of any consent.6\n\nNo consent shall be required from the birth father of a child placed pursuant to this section when such 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, nor shall the birth father be entitled to notice of any of the proceedings under this section.7\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 the respect to the adoption of the child and cannot be withdrawn.8\n\nA birth father may consent to the adoption prior to the birth of the child.9\n\nThe juvenile and domestic relations district court shall review each order entered under this section at least annually until such time as the final order of adoption is entered.10\n\nWhen there has been an interstate transfer of the child in a parental placement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) of this title, all matters relating to the adoption of the child including, but not limited to, custody and parentage shall be determined in the court of appropriate jurisdiction in the state that was approved for finalization of the adoption by the interstate compact authorities.","order_by":null,"text":{"0":{"id":252205,"text":"When the juvenile and domestic relations district court is satisfied that all requirements of \u00a7 63.2-1232 have been met with respect to at least one birth parent and the adoptive child is at least in the third calendar day of life, that birth parent or both birth parents, as the case may be, shall execute consent to the proposed adoption in compliance with the provisions of \u00a7 63.2-1202 while before the juvenile and domestic relations district court in person and in the presence of the prospective adoptive parents. The juvenile and domestic relations district court shall accept the consent of the birth parent(s) and transfer custody of the child to the prospective adoptive parents, pending notification to any nonconsenting birth parent, as described hereinafter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":252206,"text":"a. The execution of consent before the juvenile and domestic relations district court shall not be required of a birth father if the birth father consents under oath and in writing to the adoption.\n\t\t\tb. The consent of a birth father who is not married to the mother of the child at the time of the child’s conception or birth shall not be required if the putative father named by the birth mother denies under oath and in writing the paternity of the child or if the putative father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) of this chapter. If the identity of the birth father is reasonably ascertainable, but the whereabouts of the birth father are not reasonably ascertainable, verification of compliance with the Virginia Birth Father Registry shall be provided to the court.\n\t\t\tc. When a birth father is required to be given notice, he may be given notice of the adoption by registered or certified mail to his last known address and if he fails to object to the adoption within 15 days of the mailing of such notice, his consent shall not be required. An objection shall be in writing, signed by the objecting party or counsel of record for the objecting party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the court, within the time period specified in this section. When no timely objection is filed, no hearing on this issue is required. Failure of the objecting party to appear at any scheduled hearing, either in person or by counsel, shall constitute a waiver of such objection.\n\t\t\td. The juvenile and domestic relations district court may accept the written consent of the birth father at the time of the child’s conception or birth, provided that his identifying information required in § 63.2-1232 is filed in writing with the juvenile and domestic relations district court of jurisdiction. Such consent shall advise the birth father of his opportunity for legal representation, shall identify the court in which the case was or is intended to be filed, and shall be presented to the juvenile and domestic relations district court for acceptance. The consent may waive further notice of the adoption proceedings and shall contain the name, address and telephone number of the birth father’s legal counsel or an acknowledgment that he was informed of his opportunity to be represented by legal counsel and declined such representation. For good cause shown, the court may dispense with the requirements regarding the filing of the birth father’s identifying information pursuant to this subdivision 1. d.\n\t\t\te. In the event that the birth mother’s consent is not executed in the juvenile and domestic relations district court, the consent of the birth father shall be executed in the juvenile and domestic relations district court.\n\t\t\tf. A child born to a married birth mother shall be presumed to be the child of her husband and his consent shall be required, unless the court finds that the father’s consent is withheld contrary to the best interests of the child as provided in § 63.2-1205 or if his consent is unobtainable. The consent of such presumed father shall be under oath and in writing and may be executed in or out of court. The presumption that the husband is the father of the child may be rebutted by sufficient evidence, satisfactory to the juvenile and domestic relations district 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, in which case the husband’s consent shall not be required. The executed denial of paternity by the putative father shall be sufficient to rebut the presumption that he is the father of the child. If the court is satisfied that the presumption has been rebutted, notice of the adoption shall not be required to be given to the presumed father.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":252207,"text":"After the application of the provisions of subdivision 1, if a birth parent is entitled to a hearing, the birth parent shall be given notice of the date and location of the hearing and be given the opportunity to appear before the juvenile and domestic relations district court. Such hearing may occur subsequent to the proceeding wherein the consenting birth parent appeared but may not be held until 15 days after personal service of notice on the nonconsenting birth parent, or if personal service is unobtainable, 10 days after the completion of the execution of an order of publication against such birth parent. The juvenile and domestic relations district court may appoint counsel for the birth parent(s). If the juvenile and domestic relations district court finds that consent is withheld contrary to the best interests of the child, as set forth in § 63.2-1205, or is unobtainable, it may grant the petition without such consent and enter an order waiving the requirement of consent of the nonconsenting birth parent and transferring custody of the child to the prospective adoptive parents. No further consent or notice shall be required of a birth parent who fails to appear at any scheduled hearing, either in person or by counsel. If the juvenile and domestic relations district court denies the petition, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement shall be void and, if necessary, the court shall determine custody of the child as between the birth parents.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":252208,"text":"Except as provided in subdivisions 4 and 5, if consent cannot be obtained from at least one birth parent, the juvenile and domestic relations district court shall deny the petition and determine custody of the child pursuant to § 16.1-278.2.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":252209,"text":"If a child has been under the physical care and custody of the prospective adoptive parents and if both birth parents have failed, without good cause, to appear at a hearing to execute consent under this section for which they were given proper notice pursuant to § 16.1-264, the juvenile and domestic relations district court may grant the petition without the consent of either birth parent and enter an order waiving consent and transferring custody of the child to the prospective adoptive parents. Prior to the entry of such an order, the juvenile and domestic relations district court may appoint legal counsel for the birth parents and shall find by clear and convincing evidence (i) that the birth parents were given proper notice of the hearing(s) to execute consent and of the hearing to proceed without their consent; (ii) that the birth parents failed to show good cause for their failure to appear at such hearing(s); and (iii) that pursuant to § 63.2-1205, the consent of the birth parents is withheld contrary to the best interests of the child or is unobtainable. Under this subdivision, the court or the parties may waive the requirement of the simultaneous meeting under § 63.2-1231 and the requirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232 where the opportunity for compliance is not reasonably available under the applicable circumstances.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":252210,"text":"If both birth parents are deceased, the juvenile and domestic relations district court, after hearing evidence to that effect, may grant the petition without the filing of any consent.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":252211,"text":"No consent shall be required from the birth father of a child placed pursuant to this section when such 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, nor shall the birth father be entitled to notice of any of the proceedings under this section.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":252212,"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 the respect to the adoption of the child and cannot be withdrawn.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":252213,"text":"A birth father may consent to the adoption prior to the birth of the child.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":252214,"text":"The juvenile and domestic relations district court shall review each order entered under this section at least annually until such time as the final order of adoption is entered.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":252215,"text":"When there has been an interstate transfer of the child in a parental placement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) of this title, all matters relating to the adoption of the child including, but not limited to, custody and parentage shall be determined in the court of appropriate jurisdiction in the state that was approved for finalization of the adoption by the interstate compact authorities.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1233\/","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 13 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 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 2017, chapter 200<\/a>; in 2025, chapter 547<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":71654,"section_number":"16.1-243","catch_line":"Venue","order_by":null,"url":"\/16.1-243\/"},{"id":70662,"section_number":"63.2-1201","catch_line":"Filing of petition for adoption; venue; jurisdiction; and proceedings","order_by":null,"url":"\/63.2-1201\/"},{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"id":84982,"section_number":"63.2-1207","catch_line":"Removal of child from adoptive home","order_by":null,"url":"\/63.2-1207\/"},{"id":75426,"section_number":"63.2-1232","catch_line":"Requirements of a parental placement adoption; exception","order_by":null,"url":"\/63.2-1232\/"},{"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":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"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":82245,"section_number":"63.2-1000","catch_line":"Interstate Compact on the Placement of Children; form of compact","order_by":null,"url":"\/63.2-1000\/"},{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"id":75979,"section_number":"63.2-1205","catch_line":"Best interests of the child; standards for determining","order_by":null,"url":"\/63.2-1205\/"},{"id":82655,"section_number":"63.2-1231","catch_line":"Home study; meeting required; exception","order_by":null,"url":"\/63.2-1231\/"},{"id":75426,"section_number":"63.2-1232","catch_line":"Requirements of a parental placement adoption; exception","order_by":null,"url":"\/63.2-1232\/"},{"id":72171,"section_number":"63.2-1249","catch_line":"Establishment of Registry","order_by":null,"url":"\/63.2-1249\/"}],"permalink":{"id":271543,"object_type":"law","relational_id":69788,"identifier":"63.2-1233","token":"63.2\/III\/12\/3\/63.2-1233","url":"\/63.2-1233\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1233\/","token":"63.2\/III\/12\/3\/63.2-1233","dublin_core":{"Title":"Consent to be executed in juvenile and domestic relations district court; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1233","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the juvenile and domestic relations district court<\/span> is satisfied that all requirements of \u00a7 63.2-1232<\/a> have been met with respect to at least one birth parent<\/span> and the adoptive child<\/span> is at least in the third calendar day of life, that birth parent<\/span> or both birth parents<\/span>, as the case may be, shall execute consent to the proposed adoption in compliance with the provisions of \u00a7 63.2-1202<\/a> while before the juvenile and domestic relations district court<\/span> in person and in the presence of the prospective adoptive parents. The juvenile and domestic relations district court<\/span> shall accept the consent of the birth parent<\/span>(s) and transfer custody<\/span> of the child<\/span> to the prospective adoptive parents, pending notification to any nonconsenting birth parent<\/span>, as described hereinafter.<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a. The execution of consent before the juvenile and domestic relations district court<\/span> shall not be required of a birth father if the birth father consents under oath<\/span> and in writing to the adoption.\n\t\t\tb. The consent of a birth father who is not married to the mother of the child<\/span> at the time of the child<\/span>’s conception or birth shall not be required if the putative father named by the birth mother denies under oath<\/span> and in writing the paternity of the child<\/span> or if the putative father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249<\/a> et seq.) of this chapter. If the identity of the birth father is reasonably ascertainable, but the whereabouts of the birth father are not reasonably ascertainable, verification of compliance with the Virginia Birth Father Registry shall be provided to the court<\/span>.\n\t\t\tc. When a birth father is required to be given notice, he may be given notice of the adoption by registered or certified mail to his last known address and if he fails to object<\/span> to the adoption within 15 days of the mailing of such notice, his consent shall not be required. An objection shall be in writing, signed by the objecting party<\/span> or counsel<\/span> of record for the objecting party<\/span> and shall be filed with the clerk of the juvenile and domestic relations district court<\/span> in which the petition<\/span> was filed during the business day of the court<\/span>, within the time period specified in this section. When no timely objection is filed, no hearing<\/span> on this issue<\/span> is required. Failure of the objecting party<\/span> to appear at any scheduled hearing<\/span>, either in person or by counsel<\/span>, shall constitute a waiver<\/span> of such objection.\n\t\t\td. The juvenile and domestic relations district court<\/span> may accept the written consent of the birth father at the time of the child<\/span>’s conception or birth, provided that his identifying information required in § 63.2-1232<\/a> is filed in writing with the juvenile and domestic relations district court<\/span> of jurisdiction<\/span>. Such consent shall advise the birth father of his opportunity for legal representation, shall identify the court<\/span> in which the case was or is intended to be filed, and shall be presented to the juvenile and domestic relations district court<\/span> for acceptance. The consent may waive<\/span> further notice of the adoption proceedings and shall contain the name, address and telephone number of the birth father’s legal counsel<\/span> or an acknowledgment that he was informed of his opportunity to be represented by legal counsel<\/span> and declined such representation. For good cause shown, the court<\/span> may dispense with the requirements regarding the filing of the birth father’s identifying information pursuant to this subdivision 1. d.\n\t\t\te. In the event that the birth mother’s consent is not executed in the juvenile and domestic relations district court<\/span>, the consent of the birth father shall be executed in the juvenile and domestic relations district court<\/span>.\n\t\t\tf. A child<\/span> born to a married birth mother shall be presumed to be the child<\/span> of her husband and his consent shall be required, unless the court<\/span> finds that the father’s consent is withheld contrary to the best interests of the child<\/span> as provided in § 63.2-1205<\/a> or if his consent is unobtainable. The consent of such presumed father shall be under oath<\/span> and in writing and may be executed in or out of court<\/span>. The presumption<\/span> that the husband is the father of the child<\/span> may be rebutted by sufficient evidence, satisfactory to the juvenile and domestic relations district 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>, in which case the husband’s consent shall not be required. The executed denial of paternity by the putative father shall be sufficient to rebut the presumption<\/span> that he is the father of the child<\/span>. If the court<\/span> is satisfied that the presumption<\/span> has been rebutted, notice of the adoption shall not be required to be given to the presumed father. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After the application of the provisions of subdivision 1, if a birth parent<\/span> is entitled to a hearing<\/span>, the birth parent<\/span> shall be given notice of the date and location of the hearing<\/span> and be given the opportunity to appear before the juvenile and domestic relations district court<\/span>. Such hearing<\/span> may occur subsequent to the proceeding wherein the consenting birth parent<\/span> appeared but may not be held until 15 days after personal service of notice on the nonconsenting birth parent<\/span>, or if personal service is unobtainable, 10 days after the completion of the execution of an order<\/span> of publication against such birth parent<\/span>. The juvenile and domestic relations district court<\/span> may appoint counsel<\/span> for the birth parent<\/span>(s). If the juvenile and domestic relations district court<\/span> finds that consent is withheld contrary to the best interests of the child<\/span>, as set forth in § 63.2-1205<\/a>, or is unobtainable, it may grant the petition<\/span> without such consent and enter an order<\/span> waiving the requirement of consent of the nonconsenting birth parent<\/span> and transferring custody<\/span> of the child<\/span> to the prospective adoptive parents. No further consent or notice shall be required of a birth parent<\/span> who fails to appear at any scheduled hearing<\/span>, either in person or by counsel<\/span>. If the juvenile and domestic relations district court<\/span> denies the petition<\/span>, the juvenile and domestic relations district court<\/span> shall order<\/span> that any consent given for the purpose of such placement shall be void and, if necessary, the court<\/span> shall determine custody<\/span> of the child<\/span> as between the birth parents<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as provided in subdivisions 4 and 5, if consent cannot be obtained from at least one birth parent<\/span>, the juvenile and domestic relations district court<\/span> shall deny the petition<\/span> and determine custody<\/span> of the child<\/span> pursuant to § 16.1-278.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If a child<\/span> has been under the physical care and custody<\/span> of the prospective adoptive parents and if both birth parents<\/span> have failed, without good cause, to appear at a hearing<\/span> to execute consent under this section for which they were given proper notice pursuant to § 16.1-264<\/a>, the juvenile and domestic relations district court<\/span> may grant the petition<\/span> without the consent of either birth parent<\/span> and enter an order<\/span> waiving consent and transferring custody<\/span> of the child<\/span> to the prospective adoptive parents. Prior to the entry of such an order<\/span>, the juvenile and domestic relations district court<\/span> may appoint legal counsel<\/span> for the birth parents<\/span> and shall find by clear and convincing evidence (i) that the birth parents<\/span> were given proper notice of the hearing<\/span>(s) to execute consent and of the hearing<\/span> to proceed without their consent; (ii) that the birth parents<\/span> failed to show good cause for their failure to appear at such hearing<\/span>(s); and (iii) that pursuant to § 63.2-1205<\/a>, the consent of the birth parents<\/span> is withheld contrary to the best interests of the child<\/span> or is unobtainable. Under this subdivision, the court<\/span> or the parties may waive<\/span> the requirement of the simultaneous meeting under § 63.2-1231<\/a> and the requirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232<\/a> where the opportunity for compliance is not reasonably available under the applicable circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If both birth parents<\/span> are deceased, the juvenile and domestic relations district court<\/span>, after hearing<\/span> evidence to that effect, may grant the petition<\/span> without the filing of any consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> No consent shall be required from the birth father of a child<\/span> placed pursuant to this section when such 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, nor shall the birth father be entitled to notice of any of the proceedings under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/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 the respect to the adoption of the child<\/span> and cannot be withdrawn. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A birth father may consent to the adoption prior to the birth of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The juvenile and domestic relations district court<\/span> shall review each order entered under this section at least annually until such time as the final order<\/span> of adoption is entered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> When there has been an interstate transfer of the child<\/span> in a parental placement<\/span> adoption in compliance with Chapter 10 (§ 63.2-1000<\/a> et seq.) of this title, all matters relating to the adoption of the child<\/span> including, but not limited to, custody<\/span> and parentage shall be determined in the court<\/span> of appropriate jurisdiction<\/span> in the state that was approved for finalization of the adoption by the interstate compact authorities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSENT TO BE EXECUTED IN JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT;\nEXCEPTIONS (\u00a7 63.2-1233)\n\nWhen the juvenile and domestic relations district court is satisfied that all\nrequirements of \u00a7 63.2-1232 have been met with respect to at least one birth\nparent and the adoptive child is at least in the third calendar day of life,\nthat birth parent or both birth parents, as the case may be, shall execute\nconsent to the proposed adoption in compliance with the provisions of \u00a7\n63.2-1202 while before the juvenile and domestic relations district court in\nperson and in the presence of the prospective adoptive parents. The juvenile and\ndomestic relations district court shall accept the consent of the birth\nparent(s) and transfer custody of the child to the prospective adoptive parents,\npending notification to any nonconsenting birth parent, as described\nhereinafter.\n\n1. a. The execution of consent before the juvenile and domestic relations\ndistrict court shall not be required of a birth father if the birth father\nconsents under oath and in writing to the adoption.\n\t\t\tb. The consent of a birth father who is not married to the mother of the\nchild at the time of the child’s conception or birth shall not be required\nif the putative father named by the birth mother denies under oath and in\nwriting the paternity of the child or if the putative father did not register\nwith the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249\net seq.) of this chapter. If the identity of the birth father is reasonably\nascertainable, but the whereabouts of the birth father are not reasonably\nascertainable, verification of compliance with the Virginia Birth Father\nRegistry shall be provided to the court.\n\t\t\tc. When a birth father is required to be given notice, he may be given notice\nof the adoption by registered or certified mail to his last known address and if\nhe fails to object to the adoption within 15 days of the mailing of such notice,\nhis consent shall not be required. An objection shall be in writing, signed by\nthe objecting party or counsel of record for the objecting party and shall be\nfiled with the clerk of the juvenile and domestic relations district court in\nwhich the petition was filed during the business day of the court, within the\ntime period specified in this section. When no timely objection is filed, no\nhearing on this issue is required. Failure of the objecting party to appear at\nany scheduled hearing, either in person or by counsel, shall constitute a waiver\nof such objection.\n\t\t\td. The juvenile and domestic relations district court may accept the written\nconsent of the birth father at the time of the child’s conception or\nbirth, provided that his identifying information required in § 63.2-1232 is\nfiled in writing with the juvenile and domestic relations district court of\njurisdiction. Such consent shall advise the birth father of his opportunity for\nlegal representation, shall identify the court in which the case was or is\nintended to be filed, and shall be presented to the juvenile and domestic\nrelations district court for acceptance. The consent may waive further notice of\nthe adoption proceedings and shall contain the name, address and telephone\nnumber of the birth father’s legal counsel or an acknowledgment that he\nwas informed of his opportunity to be represented by legal counsel and declined\nsuch representation. For good cause shown, the court may dispense with the\nrequirements regarding the filing of the birth father’s identifying\ninformation pursuant to this subdivision 1. d.\n\t\t\te. In the event that the birth mother’s consent is not executed in the\njuvenile and domestic relations district court, the consent of the birth father\nshall be executed in the juvenile and domestic relations district court.\n\t\t\tf. A child born to a married birth mother shall be presumed to be the child\nof her husband and his consent shall be required, unless the court finds that\nthe father’s consent is withheld contrary to the best interests of the\nchild as provided in § 63.2-1205 or if his consent is unobtainable. The\nconsent of such presumed father shall be under oath and in writing and may be\nexecuted in or out of court. The presumption that the husband is the father of\nthe child may be rebutted by sufficient evidence, satisfactory to the juvenile\nand domestic relations district court, which would establish by a preponderance\nof the evidence the paternity of another man or the impossibility or\nimprobability of cohabitation of the birth mother and her husband for a period\nof at least 300 days preceding the birth of the child, in which case the\nhusband’s consent shall not be required. The executed denial of paternity\nby the putative father shall be sufficient to rebut the presumption that he is\nthe father of the child. If the court is satisfied that the presumption has been\nrebutted, notice of the adoption shall not be required to be given to the\npresumed father.\n\n2. After the application of the provisions of subdivision 1, if a birth parent\nis entitled to a hearing, the birth parent shall be given notice of the date and\nlocation of the hearing and be given the opportunity to appear before the\njuvenile and domestic relations district court. Such hearing may occur\nsubsequent to the proceeding wherein the consenting birth parent appeared but\nmay not be held until 15 days after personal service of notice on the\nnonconsenting birth parent, or if personal service is unobtainable, 10 days\nafter the completion of the execution of an order of publication against such\nbirth parent. The juvenile and domestic relations district court may appoint\ncounsel for the birth parent(s). If the juvenile and domestic relations district\ncourt finds that consent is withheld contrary to the best interests of the\nchild, as set forth in § 63.2-1205, or is unobtainable, it may grant the\npetition without such consent and enter an order waiving the requirement of\nconsent of the nonconsenting birth parent and transferring custody of the child\nto the prospective adoptive parents. No further consent or notice shall be\nrequired of a birth parent who fails to appear at any scheduled hearing, either\nin person or by counsel. If the juvenile and domestic relations district court\ndenies the petition, the juvenile and domestic relations district court shall\norder that any consent given for the purpose of such placement shall be void\nand, if necessary, the court shall determine custody of the child as between the\nbirth parents.\n\n3. Except as provided in subdivisions 4 and 5, if consent cannot be obtained\nfrom at least one birth parent, the juvenile and domestic relations district\ncourt shall deny the petition and determine custody of the child pursuant to\n§ 16.1-278.2.\n\n4. If a child has been under the physical care and custody of the prospective\nadoptive parents and if both birth parents have failed, without good cause, to\nappear at a hearing to execute consent under this section for which they were\ngiven proper notice pursuant to § 16.1-264, the juvenile and domestic\nrelations district court may grant the petition without the consent of either\nbirth parent and enter an order waiving consent and transferring custody of the\nchild to the prospective adoptive parents. Prior to the entry of such an order,\nthe juvenile and domestic relations district court may appoint legal counsel for\nthe birth parents and shall find by clear and convincing evidence (i) that the\nbirth parents were given proper notice of the hearing(s) to execute consent and\nof the hearing to proceed without their consent; (ii) that the birth parents\nfailed to show good cause for their failure to appear at such hearing(s); and\n(iii) that pursuant to § 63.2-1205, the consent of the birth parents is\nwithheld contrary to the best interests of the child or is unobtainable. Under\nthis subdivision, the court or the parties may waive the requirement of the\nsimultaneous meeting under § 63.2-1231 and the requirements of subdivisions\nA 1, A 3, and A 7 of § 63.2-1232 where the opportunity for compliance is\nnot reasonably available under the applicable circumstances.\n\n5. If both birth parents are deceased, the juvenile and domestic relations\ndistrict court, after hearing evidence to that effect, may grant the petition\nwithout the filing of any consent.\n\n6. No consent shall be required from the birth father of a child placed pursuant\nto this section when such father is convicted of a violation of subsection A of\n§ 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an\nequivalent offense of another state, the United States, or any foreign\njurisdiction, or has been found by clear and convincing evidence to have engaged\nin the conduct prohibited by subsection A of § 18.2-61, § 18.2-63, or\nsubsection B of § 18.2-366, whether or not the birth father has been\ncharged with or convicted of the alleged violation, and the child was conceived\nas a result of such violation or conduct, nor shall the birth father be entitled\nto notice of any of the proceedings under this section.\n\n7. 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 the respect to the adoption of the child and cannot be withdrawn.\n\n8. A birth father may consent to the adoption prior to the birth of the child.\n\n9. The juvenile and domestic relations district court shall review each order\nentered under this section at least annually until such time as the final order\nof adoption is entered.\n\n10. When there has been an interstate transfer of the child in a parental\nplacement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) of\nthis title, all matters relating to the adoption of the child including, but not\nlimited to, custody and parentage shall be determined in the court of\nappropriate jurisdiction in the state that was approved for finalization of the\nadoption by the interstate compact authorities.\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 63.1-219.40;\n2002, c. 747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c.\n805; 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}}