Most infant adoptions are private placement adoptions. These adoptions are governed by Virginia Code § 63.2-1230 and § 63.2-1240, and are known as “parental placement adoptions.” In parental placement adoptions, birth parents choose the people who will adopt their child. Legal custody of the child passes directly from the biological mother and father to the adoptive parents.
The parental placement adoption process usually occurs in the following manner:
- The birth mother (and if possible, the birth father) choose an adoptive family to place the child with after either: (1) reviewing print or internet advertisements created by the adoptive family, or (2) hearing of the adoptive parents desire to adopt from friends/family.
- Adoptive parents complete a home study by a Virginia licensed child-placing agency.
- The birth mother’s attorney should provide her with any social/legal counseling necessary before and after the child is born. The attorney should also make proper arrangements with the hospital to ensure: (1) the adoptive family may see the child after birth and (2) the adoptive family may take the child home from the hospital.
- After the child is born, the birth mother must execute her consent to the adoption in a “consent hearing.” The birth mother must do this before the proper Virginia J&DR court and the adoptive parents. She cannot consent to the adoption earlier than 3 days after the child is born. A birth father is not necessarily required to consent to the adoption in court.
- After all necessary consents are executed, the J&DR court will transfer legal custody of the child to the adoptive parents.
- Adoptive parents then file a petition for adoption in a Virginia Circuit Court. During this time, post-placement visits are conducted by a licensed child placing agency and a report is filed with the court.
- A final decree of adoption will be entered at the conclusion of this process.