                                 CODE OF VIRGINIA

REGISTRATION; NOTICE; FORM (§ 63.2-1250)

A. Any man who has engaged in sexual intercourse with a woman is deemed to be on
legal notice that a child may be conceived and that the man is entitled to all
legal rights and obligations resulting therefrom. Lack of knowledge of the
pregnancy does not excuse failure to timely register with the Virginia Birth
Father Registry.

B. A man who desires to be notified of a placement of a child by a local board
pursuant to &#xA7; 63.2-900, a proceeding for adoption, or a proceeding for
termination of parental rights regarding a child that he may have fathered shall
register with the Virginia Birth Father Registry.

C. Failure to timely register with the Virginia Birth Father Registry shall
waive all rights of a man who is not acknowledged to be, presumed to be, or
adjudicated the father to withhold consent to an adoption proceeding unless the
man was led to believe through the birth mother&#8217;s misrepresentation that
(i) the pregnancy was terminated or the mother miscarried when in fact the baby
was born or (ii) the child died when in fact the child is alive. Upon discovery
of the misrepresentation, the man shall register with the Virginia Birth Father
Registry within 10 days; however, registration with the Virginia Birth Father
Registry shall be untimely if 180 days have elapsed from the date the circuit
court entered the final order of adoption.

D. A man will not prejudice any rights by failing to register if:

   1. A father-child relationship between the man and the child has been
   established pursuant to &#xA7; 20-49.1, 20-49.8, or if the man is a presumed
   father as defined in &#xA7; 63.2-1202; or

   2. The man commences a proceeding to adjudicate his paternity before a
   petition to accept consent or waive adoption consent is filed in the juvenile
   and domestic relations district court, or before a petition for adoption or a
   petition for the termination of his parental rights is filed with the court.

E. Registration is timely if it is received by the Department within 10 days of
the child&#8217;s birth unless the time specified in subsection C or F applies.
Registration is complete when the signed registration form is first received by
the Department. The signed registration form shall be submitted in the manner
prescribed by the Department.

F. In the event that the identity and whereabouts of the birth father are
reasonably ascertainable, the child-placing agency or adoptive parents shall
give written notice to the birth father of the existence of an adoption plan and
the availability of registration with the Virginia Birth Father Registry. Such
written notice shall be provided by personal service, certified mailing with
proof of service, or express mailing with proof of delivery to the birth
father&#8217;s last known address. Registration is timely if the signed
registration form is received by the Department within 10 days of personal
service of the written notice or within 13 days of the certified or express
mailing date of the written notice. The personal service or certified or express
mailing may be completed either prior to or after the birth of the child. When
written notice is provided to a putative father before the birth of the child,
the putative father&#8217;s registration with the Virginia Birth Father Registry
shall be untimely if received by the Department more than 10 days after personal
service of the written notice or more than 13 days after the certified or
express mailing date of the written notice, whichever occurs first.

G. The child-placing agency or adoptive parent(s) shall give notice to a
registrant who has timely registered of a placement of a child by a local board
pursuant to &#xA7; 63.2-900, a proceeding for adoption, or a proceeding for
termination of parental rights regarding a child. Notice shall be given pursuant
to the requirements of this chapter or &#xA7; 16.1-277.01 for the appropriate
adoption proceeding.

H. 1. The Department shall prepare a form for registering with the agency that
shall require (i) the registrant&#8217;s name, date of birth and social security
number; (ii) the registrant&#8217;s driver&#8217;s license number and state of
issuance; (iii) the registrant&#8217;s home address, telephone number, and
employer; (iv) the name, date of birth, ethnicity, address, and telephone number
of the putative mother, if known; (v) the state of conception; (vi) the place
and date of birth of the child, if known; (vii) the name and gender of the
child, if known; and (viii) the signature of the registrant. No form for
registering with the Virginia Birth Father Registry shall be complete unless
signed by the registrant and the signed registration form is received by the
Department in the manner prescribed by the Department.

   2. The form shall also state that (i) timely registration entitles the
   registrant to notice of a proceeding for adoption of the child or termination
   of the registrant&#8217;s parental rights, (ii) registration does not commence
   a proceeding to establish paternity, (iii) the information disclosed on the
   form may be used against the registrant to establish paternity, (iv) services
   to assist in establishing paternity are available to the registrant through
   the Department, (v) the registrant should also register in another state if
   conception or birth of the child occurred in another state, (vi) information
   on registries of other states may be available from the Department, (vii) the
   form is signed under penalty of perjury, and (viii) procedures exist to
   rescind the registration of a claim of paternity.

   3. A registrant shall promptly notify the Virginia Birth Father Registry of
   any change in information, including change of address. The Department shall
   incorporate all updated information received into its records but is not
   required to request or otherwise pursue current or updated information for
   incorporation in the registry.

HISTORY: 2006, c. 825; 2009, c. 805; 2012, c. 424; 2015, c. 531; 2017, c. 200;
2022, c. 377.