                                 CODE OF VIRGINIA

ENTRUSTMENT AGREEMENTS; ADOPTION (§ 63.2-903)

A. Whenever a local board accepts custody of a child pursuant to an entrustment
agreement entered into under the authority of &#xA7; 63.2-900, or a licensed
child-placing agency accepts custody of a child pursuant to an entrustment
agreement entered into under the authority of &#xA7; 63.2-1817, in the city or
county juvenile and domestic relations district court a petition for approval of
the entrustment agreement (i) shall be filed within a reasonable period of time,
not to exceed 89 days after the execution of an entrustment agreement for less
than 90 days, if the child is not returned to his home within that period; (ii)
shall be filed within a reasonable period of time, not to exceed 30 days after
the execution of an entrustment agreement for 90 days or longer or for an
unspecified period of time, if such entrustment agreement does not provide for
the termination of all parental rights and responsibilities with respect to the
child; and (iii) may be filed in the case of a permanent entrustment agreement
which provides for the termination of all parental rights and responsibilities
with respect to the child.

B. For purposes of &#xA7;&#xA7; 63.2-900, 63.2-1817 and this section, a 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 shall be as fully bound thereby as if such parent had attained the age of 18
years. An entrustment agreement for the termination of all parental rights and
responsibilities shall be executed in writing and notarized. 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
father of a child born out of wedlock if the identity of the father is not
reasonably ascertainable, or if such father is given notice of the entrustment
by registered or certified mail to his last known address and fails to object to
the entrustment within 15 days of mailing of such notice. An affidavit of the
mother that the identity of the father is not reasonably ascertainable shall be
sufficient evidence of this fact, provided there is no other evidence that would
refute such an affidavit. The absence of such an affidavit shall not be deemed
evidence that the identity of the father is reasonably ascertainable. For
purposes of determining whether the identity of the father is reasonably
ascertainable, the standard of what is reasonable under the circumstances shall
control, taking into account the relative interests of the child, the mother and
the father.

C. An entrustment agreement for the termination of 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 such 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.

D. A child may be placed for adoption by a licensed child-placing agency or a
local board, in accordance with the provisions of &#xA7; 63.2-1221.

HISTORY: Code 1950, §§ 63-73, 63-241; 1952, c. 409; 1960, c. 331; 1968, cc.
466, 578, 585, §§ 63.1-56, 63.1-204; 1972, c. 50; 1974, c. 620; 1975, cc. 248,
406; 1977, cc. 559, 562, 634, 645; 1978, cc. 730, 734, 735; 1981, c. 259; 1984,
c. 734; 1985, cc. 18, 285; 1986, cc. 88, 281; 1988, c. 882; 1989, c. 647; 1991,
c. 34; 1994, c. 865; 1995, cc. 772, 826; 1999, cc. 889, 1028; 2000, c. 830;
2002, c. 747; 2004, c. 815; 2005, c. 890; 2007, cc. 606, 623; 2025, c. 547.