{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1234.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1234.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1234.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1234.html"}],"law_id":80402,"edition_id":1,"section_id":80402,"structure_id":14097,"section_number":"63.2-1234","catch_line":"When consent is revocable","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 63.1-219.41; 2002, c. 747; 2006, cc. 825, 848; 2008, c. 662.","full_text":"Consent shall be revocable as follows:\n\n1\n\nBy either consenting birth parent for any reason for up to seven days from its execution; however, such seven-day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth parent shall not affect the right of the second consenting birth parent to retain his seven-day revocation period.\n\t\t\ta. Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking 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 juvenile and domestic relations district court, within the time period specified in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the clerk’s office is closed as authorized by statute, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk’s office is closed as authorized by statute.\n\t\t\tb. Upon the filing of a valid revocation within the time period set out in this section, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district court shall determine custody of the child as between the birth parents.2\n\nBy any party prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents.","order_by":null,"text":{"0":{"id":288003,"text":"Consent shall be revocable as follows:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":288004,"text":"By either consenting birth parent for any reason for up to seven days from its execution; however, such seven-day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth parent shall not affect the right of the second consenting birth parent to retain his seven-day revocation period.\n\t\t\ta. Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking 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 juvenile and domestic relations district court, within the time period specified in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the clerk’s office is closed as authorized by statute, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk’s office is closed as authorized by statute.\n\t\t\tb. Upon the filing of a valid revocation within the time period set out in this section, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district court shall determine custody of the child as between the birth parents.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":288005,"text":"By any party prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1234\/","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 9 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 825<\/a> and 848<\/a>; in 2008, chapter 662<\/a>.<\/p>","references":[{"id":63319,"section_number":"63.2-1206","catch_line":"No parental presumption after revocation period expires","order_by":null,"url":"\/63.2-1206\/"}],"refers_to":false,"permalink":{"id":271547,"object_type":"law","relational_id":80402,"identifier":"63.2-1234","token":"63.2\/III\/12\/3\/63.2-1234","url":"\/63.2-1234\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1234\/","token":"63.2\/III\/12\/3\/63.2-1234","dublin_core":{"Title":"When consent is revocable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1234","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Consent shall be revocable as follows:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By either consenting birth parent<\/span> for any reason for up to seven days from its execution; however, such seven-day revocation<\/span> period may be waived in writing at the time of consent provided that the child<\/span> is at least 10 days old and the consenting birth parent<\/span> acknowledges having received independent legal counsel<\/span> regarding the effect of such waiver<\/span>. In the case of two consenting birth parents<\/span>, the waiver<\/span> by one consenting birth parent<\/span> shall not affect the right of the second consenting birth parent<\/span> to retain his seven-day revocation<\/span> period.\n\t\t\ta. Such revocation<\/span> shall be in writing, signed by the revoking party<\/span> or counsel<\/span> of record for the revoking 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 juvenile and domestic relations district court<\/span>, within the time period specified in this section. If the revocation<\/span> period expires on a Saturday, Sunday, legal holiday or any day on which the clerk’s office is closed as authorized by statute<\/span>, the revocation<\/span> period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk’s office is closed as authorized by statute<\/span>.\n\t\t\tb. Upon the filing of a valid revocation<\/span> within the time period set out in this section, the juvenile and domestic relations district court<\/span> shall order<\/span> that any consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district 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

2.<\/span> By any party<\/span> prior to the final order<\/span> of adoption (i) upon proof of fraud<\/span> or duress or (ii) after placement of the child<\/span> in an adoptive home<\/span>, upon written, mutual consent of the birth parents<\/span> and prospective adoptive parents. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN CONSENT IS REVOCABLE (\u00a7 63.2-1234)\n\nConsent shall be revocable as follows:\n\n1. By either consenting birth parent for any reason for up to seven days from\nits execution; however, such seven-day revocation period may be waived in\nwriting at the time of consent provided that the child is at least 10 days old\nand the consenting birth parent acknowledges having received independent legal\ncounsel regarding the effect of such waiver. In the case of two consenting birth\nparents, the waiver by one consenting birth parent shall not affect the right of\nthe second consenting birth parent to retain his seven-day revocation period.\n\t\t\ta. Such revocation shall be in writing, signed by the revoking party or\ncounsel of record for the revoking party and shall be filed with the clerk of\nthe juvenile and domestic relations district court in which the petition was\nfiled during the business day of the juvenile and domestic relations district\ncourt, within the time period specified in this section. If the revocation\nperiod expires on a Saturday, Sunday, legal holiday or any day on which the\nclerk’s office is closed as authorized by statute, the revocation period\nshall be extended to the next day that is not a Saturday, Sunday, legal holiday\nor other day on which the clerk’s office is closed as authorized by\nstatute.\n\t\t\tb. Upon the filing of a valid revocation within the time period set out in\nthis section, the juvenile and domestic relations district court shall order\nthat any consent given for the purpose of such placement is void and, if\nnecessary, the juvenile and domestic relations district court shall determine\ncustody of the child as between the birth parents.\n\n2. By any party prior to the final order of adoption (i) upon proof of fraud or\nduress or (ii) after placement of the child in an adoptive home, upon written,\nmutual consent of the birth parents and prospective adoptive parents.\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 63.1-219.41;\n2002, c. 747; 2006, cc. 825, 848; 2008, c. 662.","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}}