                                 CODE OF VIRGINIA

EXECUTION OF ENTRUSTMENT AGREEMENT BY BIRTH PARENT(S); EXCEPTIONS; NOTICE AND
OBJECTION TO ENTRUSTMENT; COPY REQUIRED TO BE FURNISHED; REQUIREMENT FOR
AGENCIES OUTSIDE THE COMMONWEALTH (§ 63.2-1222)

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

B. An entrustment agreement for the termination of all parental rights and
responsibilities with respect to the child shall be valid notwithstanding that
it is not signed by the birth father of a child born out of wedlock if the
identity of the birth father is not reasonably ascertainable or such birth
father did not register with the Virginia Birth Father Registry pursuant to
Article 7 (&#xA7; 63.2-1249 et seq.) or the birth father named by the birth
mother denies under oath and in writing the paternity of the child. An affidavit
signed by the birth mother stating that the identity of the birth father is
unknown may be filed with the court alleging that the identity of the birth
father is not known or reasonably ascertainable. A birth father shall be given
notice of the entrustment if he is an acknowledged father pursuant to &#xA7;
20-49.1, an adjudicated father pursuant to &#xA7; 20-49.8, a presumed father
pursuant to &#xA7; 63.2-1202, or a putative father who has registered with the
Virginia Birth Father Registry pursuant to Article 7 (&#xA7; 63.2-1249 et seq.).
If the putative father&#8217;s identity is reasonably ascertainable, he shall be
given notice pursuant to the requirements of &#xA7; 63.2-1250.

C. When a birth father is required to be given notice, he may be given notice of
the entrustment by registered or certified mail to his last known address. If he
fails to object to the entrustment within 15 days of the mailing of such notice,
his entrustment shall not be required. An objection to an entrustment agreement
shall be in writing, signed by the objecting party or counsel of record for the
objecting party and filed with the agency that mailed the notice of entrustment
within the time period specified in &#xA7; 63.2-1223.

D. The execution of an entrustment agreement shall be required of a presumed
father except under the following circumstances: (i) if he denies paternity
under oath and in writing in accordance with &#xA7; 63.2-1202; (ii) if the
presumption is rebutted by sufficient evidence, satisfactory to the circuit
court, which would establish by a preponderance of the evidence the paternity of
another man or the impossibility or improbability of cohabitation of the birth
mother and her husband for a period of at least 300 days preceding the birth of
the child; (iii) if another man admits, in writing and under oath, that he is
the biological father; or (iv) if an adoptive placement has been determined to
be in the best interests of the child pursuant to &#xA7; 63.2-1205.

E. When none of the provisions of subsections C and D apply, notice of the
entrustment shall be given to the presumed father pursuant to the requirements
of &#xA7; 16.1-277.01.

F. An entrustment agreement for the termination of all parental rights and
responsibilities with respect to the child shall be valid notwithstanding that
it is not signed by the birth father of a child when the birth father has been
convicted of a violation of subsection A of &#xA7; 18.2-61, &#xA7; 18.2-63,
subsection B of &#xA7; 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
&#xA7; 18.2-61, &#xA7; 18.2-63, or subsection B of &#xA7; 18.2-366, whether or
not the birth father has been charged with or convicted of the alleged
violation, and the child was conceived as a result of such violation or conduct.

G. A birth father may execute an entrustment agreement for the termination of
all of his parental rights prior to the birth of the child. Such entrustment
shall be subject to the revocation provisions of &#xA7; 63.2-1223.

H. No entrustment shall be required of a birth father if he denies under oath
and in writing the paternity of the child. Such denial of paternity may be
withdrawn no more than 10 days after it is executed. Once the child is 10 days
old, any executed denial of paternity is final and constitutes a waiver of all
rights with respect to the adoption of the child and cannot be withdrawn.

I. A copy of the entrustment agreement shall be furnished to all parties signing
such agreement.

J. When any agency outside the Commonwealth, or its agent, that is licensed or
otherwise duly authorized to place children for adoption by virtue of the laws
under which it operates executes an entrustment agreement in the Commonwealth
with a birth parent for the termination of all parental rights and
responsibilities with respect to the child, the requirements of &#xA7;&#xA7;
63.2-1221 through 63.2-1224 shall apply. The birth parent may expressly waive,
under oath and in writing, the execution of the entrustment under the
requirements of &#xA7;&#xA7; 63.2-1221 through 63.2-1224 in favor of the
execution of an entrustment or relinquishment under the laws of another state if
the birth parent is represented by independent legal counsel. Such written
waiver shall expressly state that the birth parent has received independent
legal counsel advising of the laws of Virginia and of the other state and that
Virginia law is expressly being waived. The waiver also shall include the name,
address, and telephone number of such legal counsel. Any entrustment agreement
that fails to comply with such requirements shall be void.

HISTORY: 1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772,
826; 1999, c. 1028; 2000, c. 830, § 63.1-219.29; 2002, c. 747; 2004, c. 815;
2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2012, c.
424; 2017, c. 200; 2025, c. 547.