                                 CODE OF VIRGINIA

REQUIREMENTS OF A PARENTAL PLACEMENT ADOPTION; EXCEPTION (§ 63.2-1232)

A. The juvenile and domestic relations district court shall not accept consent
until it determines that:

   1. 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&#8217; consent is informed and uncoerced.

   2. 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&#8217;
   decision is informed and uncoerced; and that they intend to file an adoption
   petition and proceed toward a final order of adoption.

   3. 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.

   4. 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.

   5. There has been no violation of the provisions of &#xA7; 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 &#xA7; 63.2-1219.

   6. 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&#8217;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. The birth parent(s) have been informed of their opportunity to be
   represented by legal counsel.

B. 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 &#xA7;&#xA7;
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. 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 &#xA7; 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 &#xA7; 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 &#xA7; 63.2-1233 and
election to consent pursuant to the laws of the receiving state as authorized by
this subsection invalid.

D. 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 &#xA7; 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 &#xA7;
63.2-1231 and subdivision A 2 of this section. All other provisions of the
parental placement adoption statutes shall apply.

HISTORY: 1989, c. 647, § 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, § 63.1-219.39;
2002, c. 747; 2006, cc. 654, 825, 848; 2010, c. 276; 2015, c. 529; 2017, c. 193.