Your Guide to Virginia Adoption

Adoption is one of the most meaningful steps a family can take, but the process often feels overwhelming. Between court petitions, required home studies, and strict consent laws, families quickly realize adoption involves more than simply opening their hearts. Delays or mistakes in paperwork can set back the timeline and add unnecessary stress during an already emotional journey.

“They were wonderful at keeping in touch and giving updates on my case. Super easy to work with, super professional, and definitely worth it.” — Meagan A.

At Randall, McClenney, Daniels & Dunn, we guide adoptive parents through every stage of Virginia’s adoption process. Our Family Law attorneys work to simplify the legal steps so you can focus on what matters most, welcoming a child into a safe, stable, and permanent home.

Virginia Adoption Laws

Adoption in Virginia is governed by Title 63.2 of the Virginia Code. These statutes explain how consent is obtained, when parental rights may be terminated, and the role of licensed adoption agencies. They also define the authority of the Virginia Department of Social Services (VDSS), which supervises adoption procedures throughout the state.

Consent Requirements for Adoption

Under Virginia Code § 63.2-1202, consent is generally required from:

• The birth mother.
• A father who is acknowledged, adjudicated, or presumed under Virginia law.
• A father registered with the Virginia Birth Father Registry.

Consent must generally be provided after the child’s birth, typically on or after the child’s third day of life, in writing, and before a Juvenile and Domestic Relations District Court judge. A father may consent before birth, and children age 14 or older must also consent unless the court waives it for their best interests. Exceptions to parental consent apply when a parent has abandoned the child, failed to maintain contact for at least six months, or waived consent under oath.

Termination of Parental Rights

Before an adoption can move forward, a court must terminate the residual parental rights of the birth parents. Under Virginia Code § 16.1-283, this requires clear and convincing evidence that ending parental rights serves the child’s best interests. 

In foster care cases, Virginia Code § 63.2-910.2 directs the local board to file a termination petition if the child has remained in foster care for 15 of the last 22 months, unless an exception applies.

How the Virginia Department of Social Services (VDSS) Oversees Adoption

The Virginia Department of Social Services (VDSS) plays a central role in adoption. It licenses and regulates child-placing agencies, supervises foster care and agency placements, and establishes standards for home studies. While circuit courts maintain sealed adoption records, VDSS provides guidance on disclosure requests and post-adoption services.

Because VDSS requirements are detailed and highly regulated, many families turn to legal counsel for help. Our Virginia Beach attorneys work directly with adoptive parents to prepare paperwork, meet deadlines, and address questions that arise when working with VDSS. Having legal support can reduce stress and help families move forward with confidence.

Types of Adoption in Virginia

Virginia law provides several adoption paths, each shaped by the child’s circumstances and the adoptive family’s relationship. The main types include:

Agency Adoptions

Licensed public or private agencies arrange placements. Public agencies often place children from foster care, while private agencies handle voluntary placements by birth parents (Virginia Code § 63.2-1221).

Foster-to-Adopt

Foster parents may adopt when reunification with the birth family is not possible. In these cases, termination of parental rights is often required under Virginia Code § 63.2-910.2.

Independent or Private Adoptions

A direct placement between birth parents and adoptive parents, subject to strict court oversight to protect the child’s best interests.

Relative Adoptions

Grandparents, siblings, or other relatives may adopt through a simplified process that reflects existing family ties.

Stepparent Adoptions

The court may waive full home study process requirements if unnecessary (Virginia Code § 63.2-1241). Consent from the noncustodial biological parent is usually required unless rights have already been terminated.

International Adoptions

International adoptions are governed by the Hague Convention and federal immigration law. Virginia recognizes foreign adoption decrees issued under proper procedures, and adoptive families may obtain Virginia birth certificates. The Interstate Compact on the Placement of Children (ICPC) applies only to interstate, not international, placements.

Adult Adoptions

Virginia Code § 63.2-1243 allows adult adoption to formalize family relationships and secure inheritance rights.

Special Needs Adoptions

Designed for children with disabilities, sibling groups, or older youth. Families may qualify for subsidies and additional post-adoption services through VDSS.

Each adoption path has unique legal requirements, and missteps can delay or even derail the process. The attorneys at Randall, McClenney, Daniels & Dunn help families choose the right adoption option, meet statutory requirements, and move forward with greater confidence.

What Are the Requirements to Adopt a Child in Virginia?

Virginia law sets eligibility standards to confirm that adoptive families can provide safe and stable homes. The focus is on a parent’s ability to meet a child’s needs rather than wealth or property ownership. Individuals with a history of child abuse or neglect are not eligible to adopt.

Who Can Adopt in Virginia?

Any adult age 18 or older may adopt in Virginia. Married couples, single adults, and same-sex couples are all eligible. In many cases, especially those involving foster care or contested adoptions, a court must terminate the residual parental rights of the birth parents. Under Virginia Code § 16.1-283, this requires clear and convincing evidence that doing so serves the child’s best interests. In other situations, such as private or stepparent adoptions, the court may waive a noncustodial parent’s consent due to abandonment or lack of contact, and the final adoption order itself legally terminates parental rights.

• Background checks and clearances: All adoptive parents must pass a criminal background check and be cleared through child abuse and neglect registries (Virginia Code § 63.2-1239).
• Financial and housing stability: Homeownership is not required. Families must show they can provide a safe and stable home environment.
• Health and character requirements: Applicants must demonstrate good physical and mental health. Agencies may review medical records and personal references.
• Training and education: Foster-to-adopt and foster care adoptions require pre-service training approved by VDSS, covering child development, trauma, and cultural awareness.

Meeting these requirements can feel daunting, especially for first-time adoptive parents. The attorneys at Randall, McClenney, Daniels & Dunn, PC help families prepare documents, anticipate potential challenges, and stay on track with Virginia’s adoption standards.

The Virginia Adoption Process: Step by Step

The adoption process in Virginia is highly regulated to protect children and families. The main steps include:

1. Orientation and inquiry. Prospective parents contact an adoption agency or local family services offices, attend orientation, and submit initial paperwork.
2. Application and screening. Families complete detailed applications and undergo background checks, including criminal history and child abuse registry searches.
3. Home study. A licensed social worker evaluates the home, finances, and overall readiness to provide a safe and nurturing environment.
4. Matching and placement. Families may be matched with a child through AdoptUSKids, VDSS, or an adoption agency. Foster parents may be prioritized if reunification with birth parents is no longer possible.
5. Interlocutory order and probationary period. Most adoptions require an interlocutory order, followed by a six-month probationary period with at least three supervisory visits. A social worker reports to the court on the child’s adjustment.
6. Court finalization. The adoption concludes with a petition in circuit court. A judge reviews all reports and issues the final adoption order.

Some requirements, such as the probationary period, may be waived in relative or stepparent adoptions when a strong family bond already exists.

Open vs. Closed Adoption and Post-Adoption Contact (PACCA)

In Virginia, adoptions may be:

• Open: Adoptive and birth parents agree to maintain some level of contact, such as updates or visits.
• Closed: Records are sealed, and no contact occurs after finalization.

Virginia law also allows a post-adoption contact and communication agreement (PACCA) under Virginia Code § 63.2-1220.2. This voluntary agreement sets out limited contact between the adoptee, adoptive parents, and birth parents. A court must approve the terms based on the child’s best interests, and once approved, the PACCA becomes legally enforceable. Importantly, a violation of the agreement does not affect the validity of the adoption itself.

Common Myths About Adoption in Virginia

Adoption in Virginia is often misunderstood. A few common myths include:

• Myth: Only married couples can adopt. In reality, Virginia law allows both single adults and married couples to adopt.
• Myth: Adoption is always expensive. While private adoptions can involve higher costs, foster care adoptions are often low-cost or free, with subsidies available.
• Myth: Birth parents can reclaim a child after adoption. Once a final adoption order is entered, the child becomes a permanent family member of the adoptive family, with the same rights as biological children.

Do You Need a Lawyer to Adopt a Child in Virginia?

Virginia law does not always require families to hire a lawyer for adoption, but the process is complex and mistakes can create costly delays. Every step, from terminating parental rights to securing final court approval, must be handled correctly.

The attorneys at Randall, McClenney, Daniels & Dunn, PC, assist adoptive families by:

• Navigating Virginia’s adoption laws and procedures.
• Preparing and filing paperwork accurately and on time.
• Representing families in court hearings.
• Guiding stepparent, agency, private, and other adoption cases.

Our team also understands how local courts view adoption agencies, home study providers, and procedures. That insight helps families avoid errors that could otherwise jeopardize the outcome.

Why Clients Choose Randall, McClenney, Daniels & Dunn, PC

Adoption requires careful attention to detail and a strong understanding of Virginia’s family law system. At Randall, McClenney, Daniels & Dunn, PC, our attorneys manage the complexities of adoption with determination and focus. Families trust us to guide them through home studies, termination of parental rights, and court hearings while avoiding costly mistakes. Our record of client-focused service has made us a trusted choice for adoptive parents throughout Virginia.

Testimonials

“I would highly recommend this law firm to anyone in need of legal services. From calling to inquire and set up an appointment, to meeting with the staff to assist me — it was all a very smooth process. They are true professionals that understand their clients, and extremely knowledgeable. They make sure you receive the best service, and I am truly grateful for everyone at this law firm that assisted helping me get the best outcome.” — Anna R.

“So helpful and wonderful results. Absolutely thorough work. Would highly recommend.” — Mickey N.

Frequently Asked Questions About Adoption in Virginia (FAQ)

Can a Felon Adopt a Child in Virginia?

Yes, but eligibility depends on the nature of the conviction. Serious crimes such as child abuse or violent offenses are automatic disqualifiers. Other convictions are reviewed during the required criminal background check.

How Long Does It Take to Adopt a Child in Virginia?

Timelines vary. Foster care system adoptions may take 6–18 months after parental rights are terminated (Virginia Code § 63.2-908). Private or relative adoptions may move more quickly if consents are secured. Finalization always requires a petition and hearing in circuit court (Virginia Code § 63.2-1211).

How Soon Must a Birth Father Register to Receive Notice of an Adoption?

A birth father must register with the Virginia Birth Father Registry within 10 days of the child’s birth to preserve the right to receive notice of an adoption. If misrepresentation occurred, he may register within 10 days of discovering the issue, but no later than 180 days after the final adoption order. Failure to register typically means his consent is not required.

Need Adoption Guidance? Our Family Law Attorneys Are Here to Help.

Adoption is a life-changing decision, but Virginia’s legal process can feel overwhelming. Missed deadlines or incomplete paperwork may create setbacks for families ready to move forward.

At Randall, McClenney, Daniels & Dunn, our attorneys support loving families and prospective adoptive parents through every stage of adoption, including foster care, private placements, stepparents, and international cases. We work to keep the process on track so you can focus on building your family.

Call 757-742-6115 or use our online contact form to schedule a confidential consultation with our family law team.