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ADOPTION

Adoption is the legal way to create a parent-child relationship between a child and someone other than the child’s birth parent.  The adoption process is highly emotional and has far reaching legal, financial and social effects.  As stated by the Virginia Supreme Court, “[t]here is no proceeding that can be as awesome, or is as final, as the proceeding for the adoption of one’s child.” (Shank v. Dep’t of Social Svc’s of City of Virginia Beach, 217 Va. 506, 511 (1976)).

There are several types of adoption in the United States and different laws govern each type of adoption.  In some adoption cases, state, federal and foreign laws apply.  In many adoption cases, the laws of more than one state apply.  Virginia Code § 63.2-1215 sets out the rules for severing the legal relationship between biological parents and their child within the Commonwealth of Virginia.  The Virginia Code also spells out the rules for becoming a parent by adoption.

Due to the complex nature of this legal proceeding, proper legal advice is necessary when considering the option of adoption.

Common Questions

Can My Ex Adopt My Child?

It doesn’t happen often, but sometimes a divorced parent will want their former spouse to adopt their child. This can happen where the parties are together for a long time and the child comes to see the step parent as their father or mother. The Virginia legislature has put this kind of adoption on the same footing as a step-parent adoption.

Virginia Code Section 63.2-1201.1 provides as follows:

Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons.

A. A man and woman previously married to each other who stood in loco parentis to a child during their marriage to each other, and who could have adopted or readopted the child pursuant to this chapter while married to each other, but whose marriage is void, has been annulled or has dissolved, may adopt or readopt the child pursuant to the provisions in this chapter that are applicable to married persons.

So long as the former spouse had a parental relationship with the child, the former spouse may adopt under the same procedure that would apply if the divorce had not taken place.

Total Adoptions to the United States

According the Office of Children, United States Department of State this are the adoptions statistics by country  in the fiscal year 2009 (a fiscal year begins on October 1 and ends on September 30):

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CONTACT US

Bob Jeffries Law, PC
Office: 757-491-0240
Cell: 757-619-5304
e-mail: mt@bobjeffrieslaw.com
Fax: (757) 491-0247

Please only provide your name, your contact information, and the name of the other party to your case.  We are required to check whether we have ever spoken with the other party before you can tell us any details beyond this minimum information.

Contact Us

Bob Jeffries Law, PC
1060 Laskin Road, Suite 22B
Virginia Beach, VA 23451
Bob Jeffries Law, PC
Office: 757-491-0240
Cell: 757-619-5304
e-mail: mt@bobjeffrieslaw.com
Fax: (757) 491-0247

Please only provide your name, your contact information, and the name of the other party to your case.  We are required to check whether we have ever spoken with the other party before you can tell us any details beyond this minimum information.

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