Virginia Relinquishment, Consent, Revocation laws

Who Must Consent:

• The mother.
  
• The husband of the mother.
  
• The birth father if the parents are unwed, unless the birth father cannot be determined or fails to respond to notice.
  
• The agency or department having custody.
  
• A minor parent shall have power to consent.
  
  
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Consent of Adoptee:

A child 14 years or older must consent to the adoption unless the court finds the child's best interest would not be served.

When Parental Consent is Not Needed:

• When the father has been convicted of rape the result of which the child is conceived.
  
• If parental rights have been terminated.
  
• If the putative father cannot be identified, or if known, fails to respond to notice.
  
• Parents fail to appear at adoption hearing.
  
• When consent is withheld contrary to the best interests of the child.
  

When Relinquishment Can Be Signed:

Consent is not valid until the child is 10 days old.

How Relinquishment Must Be Signed:

• Consent in direct placement must be executed in court in presence of adoptive parents.
  
• The court shall first determine that parent has been counseled on alternatives to adoption and all procedures required by law have been completed.
  
• Entrustments and consents in agency placements may be executed before an authorized officer.
  
• Placement by birth parents with a relative of a degree specified per statute may be executed before an authorized officer.
  
  

Time for Revocation:

• An entrustment agreement can be revoked by either birth parent until the child is 25 days old and 15 days have elapsed.
  
• Consent can be revoked by either parent for any reason for 15 days.
  
• After that period, but before the final adoption order, consent may be revoked only upon proof of fraud or duress or mutual written consent of birth and adoptive parents.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.