Navigating adoption laws can be overwhelming, whether you're a birth mother, an adoptive family, or an adoptee. Virginia adoption laws are designed to protect everyone involved in the process, ensuring that each party's rights and responsibilities are clearly defined. Whether you're considering adoption for your child, looking to adopt, or seeking information about your adoption as an adoptee, this comprehensive guide will walk you through the key aspects of adoption law in Virginia.

Adopting a child or placing a child for adoption involves emotional, legal, and practical considerations. Understanding Virginia's adoption laws will help you make informed decisions and ensure that you’re following the legal requirements correctly. This guide is intended to provide clarity, so you can approach the adoption process with confidence, regardless of your role.

In this guide, we'll cover important topics such as the legal rights of birth mothers, the process for adoptive families, and what adoptees need to know about their adoption records. Understanding these aspects can help make the adoption process smoother and more transparent for all involved.

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For Birth Mothers: Your Legal Rights

If you're considering adoption for your baby, understanding your legal rights is an important first step. This section explains what Virginia law says about your options, consent, financial support, and your role in the adoption process.

Can I choose adoption for my baby?

In Virginia, a birth mother has the legal right to choose adoption for her child, but her decision must be made voluntarily and with full informed consent. This includes understanding the legal consequences of adoption and signing a written, sworn statement confirming her intent. State law prohibits execution of consent until at least 48 hours after the child’s birth, ensuring the mother has time to recover physically and consider her options without pressure.

An adoption cannot proceed unless the court approves both the birth mother’s consent and the qualifications of the adoptive family. This judicial review ensures that all statutory requirements are met and that the placement serves the best interests of the child.

Depending on the type of adoption—such as agency placement or parental placement—Virginia law provides a limited window in which consent may be revoked before finalization, typically within seven days or until placement occurs, subject to judicial approval. After finalization, consent is irrevocable, and the birth parent’s legal rights are permanently terminated.

Relevant Laws: Virginia Code § 63.2-1200

When can I give my baby up for adoption?

In Virginia, you can begin considering adoption at any point during your pregnancy or after your child’s birth.

However, state law requires that consent to adoption be signed at least 48 hours after childbirth. This waiting period provides you with time to recover, reflect, and confirm your decision with professional support before any legal rights are transferred.

Relevant Statute Reference: Virginia Code § 63.2-1202.1

Can I get my baby back after adoption?

In Virginia, once an adoption is finalized by the circuit court, the birth parents’ legal rights are permanently terminated, and the child becomes the legal child of the adoptive parents (Virginia Code § 63.2-1216). This includes all legal responsibilities and privileges associated with parenthood, such as custody, support, and inheritance. The finality of adoption is intended to ensure long-term emotional and legal stability for the child and adoptive family.

Before finalization, however, a birth parent may have a limited opportunity to revoke consent, depending on the type of adoption and procedural status. In parental placement adoptions, for example, consent may be revoked within seven days of signing if the child has not yet been placed with the adoptive family, or with court approval under certain conditions (Virginia Code § 63.2-1204). The availability of revocation is governed by statute and subject to court oversight, ensuring the decision reflects the child’s best interests and the integrity of the legal process.

Relevant Statute Reference: Virginia Code § 63.2-1216

Can you do adoption without the father's consent?

In Virginia, a biological father's consent is generally required for an adoption to proceed—but only if he has legally established paternity. This can be done through marriage to the birth mother, court adjudication, execution of a written acknowledgment of paternity, or registration with the Virginia Birth Father Registry (Virginia Code § 63.2-1202). Without one of these actions, the father does not have recognized legal rights in the adoption process.

If a father has not established paternity, is absent, unfit, or cannot be identified or located despite reasonable and documented efforts, the court may waive the consent requirement. Before doing so, the court must determine that the father's parental rights are either not legally intact or should not prevent the adoption from moving forward. Under Virginia Code § 63.2-1205, this decision must be based on the best interests of the child and supported by evidence such as the father's involvement, fitness, and ability to assume custody.

Relevant Statute Reference: Virginia Code § 63.2-1205

Do both birth parents have to sign adoption papers in Virginia?

In Virginia, consent from both birth parents is generally required before an adoption can proceed. However, the court may authorize the adoption with only one parent’s consent if the other parent’s consent is unobtainable, has been withheld contrary to the child’s best interests, or if the parent has abandoned the child, is deemed unfit, or cannot be located despite reasonable and documented efforts.

In such cases, the court must consider a range of statutory factors—including the parent’s ability and willingness to assume custody, prior relationship with the child, and the potential impact of custody changes—and determine that proceeding without the non-consenting parent’s involvement is in the child’s best interests.

Relevant Statute Reference: Virginia Code § 63.2-1205

Can I get paid for adoption?

Virginia law prohibits any form of compensation in exchange for placing a child for adoption; offering or receiving payment for this purpose is illegal. However, birth mothers may legally receive financial assistance for documented, necessary expenses—such as prenatal care, medical treatment, legal services, and essential living costs during the pregnancy. All payments must be reviewed and approved by the court to ensure they meet legal and ethical standards.

Relevant Statute Reference: Virginia Code § 63.2-1218

Can you choose who adopts your baby?

In Virginia, birth mothers have the legal right to choose the adoptive family for their child, allowing them to play an active and informed role in the placement process. Licensed adoption agencies assist by presenting vetted profiles of prospective adoptive parents and helping match the birth mother’s preferences with a family that aligns with her values and the child’s best interests. This choice provides reassurance and control, giving many birth mothers confidence in their adoption decision.

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Can people from a different state adopt my baby?

Yes, adoptive families from other states can adopt a child born in Virginia, but the placement must comply with the Interstate Compact on the Placement of Children (ICPC). This legally binding agreement, recognized in all 50 states, ensures that any interstate adoption meets the legal and procedural standards of both Virginia (the sending state) and the adoptive parents’ home state (the receiving state) (Virginia Code § 63.2-1000 et seq.).

ICPC approval is required before the child can legally be transported across state lines. The process involves submitting a completed home study, legal consents, medical records, and other supporting documents to both states’ compact administrators for review. This dual-state oversight safeguards the rights of all parties and ensures the child’s placement is lawful, safe, and in their best interest.

Relevant Statute Reference: Virginia Code § 63.2-1240

For Adoptive Families: Starting Your Family with Confidence

Adopting a child is a life-changing decision, and understanding the legal process is essential to moving forward with confidence. This section is designed to guide adoptive families through Virginia’s adoption laws, helping you prepare for each step—from eligibility and home studies to finalization.

Do you have to be married to adopt in Virginia?

In Virginia, adoption is open to both single individuals and married couples, with no legal requirement that adoptive parents be married. Any adult age 18 or older may adopt, provided they meet all legal and suitability requirements. While married couples must file a joint petition, single adults are equally eligible.

The court evaluates each prospective adoptive parent based on their ability to provide a safe, stable, and loving environment—taking into account factors such as financial stability, physical and mental health, moral character, and overall fitness to parent. All adoption decisions are ultimately made according to the best interests of the child.

Relevant Statute Reference: Virginia Code § 63.2-1200

How old do you have to be to adopt a baby?

In Virginia, an individual must be at least 18 years old to adopt a child, as required by statute. While there is no statutory upper age limit, the court and home study evaluator will assess the overall suitability of the prospective adoptive parent—including emotional readiness, financial stability, and parenting capability. The court may also consider the age gap between the adoptive parent and the child to ensure that the placement supports the child’s best interests and long-term care needs.

Relevant Statute Reference: Virginia Code § 63.2-1203

Do you need a home study for a private adoption in Virginia?

In Virginia, a home study is mandatory for all adoptions—including private placements—to evaluate whether the prospective adoptive home meets legal and safety standards. The process includes background checks, in-home visits, and interviews conducted by a licensed social worker or child-placing agency to assess the well-being and suitability of the adoptive environment.

While a completed home study must be reviewed by the court before issuing a final order of adoption, it is not always required before a child is placed in the adoptive home—particularly in direct parental placements authorized under Virginia law. Early placement is legally permissible under specific statutory conditions, provided that all procedural safeguards are met.

Relevant Statute Reference: Virginia Code § 63.2-1207

What are the steps to adopt?

Virginia’s legal adoption process follows a structured series of steps to ensure every placement serves the child’s best interests and meets state requirements. Here's a condensed, high-quality overview of each key stage:

1. Complete a Home Study: All prospective adoptive parents must undergo a home study, which includes criminal background checks, home visits, and in-depth interviews with all household members. This assessment evaluates the family’s environment, relationships, and readiness to adopt, ensuring the home is emotionally, physically, and legally suitable for the care and upbringing of a child.
2. Choose an Adoption Professional: Adoptive parents may work with a licensed adoption agency, an adoption attorney for independent placements, or a facilitator who specializes in matching services. Each professional offers different levels of involvement—agencies typically provide comprehensive support, including counseling and post-placement services, while attorneys focus on legal requirements.
3. Match with a Birth Mother or Child: Once the home study is approved, adoptive parents begin the matching process, during which they are considered eligible to be matched with a child or expectant birth mother. Agencies and attorneys present detailed profiles of prospective birth families or children and offer guidance to help identify a placement that aligns with the adoptive family's values, lifestyle, and preferences—as well as the best interests and specific needs of the child.
4. Attend Pre-Adoption Counseling (if required): Some adoptions—such as open adoptions, kinship placements, or those involving children with special needs—require pre-adoption counseling to help all parties prepare emotionally for the transition. This counseling ensures that adoptive parents and birth parents understand the long-term implications, ongoing contact arrangements (if any), and the unique needs of the child involved.
5. File Legal Petition for Adoption: The adoptive family must file a formal petition with the circuit court, including all required documentation such as the completed home study report, signed birth parent consents, background checks, and any agency or legal filings related to the placement. This submission initiates the court’s legal review of the adoption case and sets the process in motion for scheduling the final hearing.
6. Finalization: At the final hearing, a judge reviews the adoption file to ensure that all legal requirements have been satisfied, including consent, home study approval, and post-placement supervision if applicable. If the court determines that the adoption is in the child’s best interests, the judge will issue a final adoption decree and order the issuance of a new birth certificate, legally establishing the adoptive parents as the child’s permanent legal guardians. This marks the formal and irreversible transfer of all parental rights and responsibilities.

Relevant Statute Reference: Virginia Code § 63.2-1208

For Adoptees: Understanding Your Adoption Rights

As an adoptee, you have the right to access certain information about your adoption, such as your original birth certificate, depending on the circumstances of your adoption and the state laws at the time.

This may be available to you once you reach adulthood, depending on the adoption type (closed or open) and when the adoption took place. Many adoptees choose to seek reunification with birth parents later in life through adoption agencies that provide post-adoption services.

What’s Next?

Understanding Virginia adoption laws can be complex, but it is essential for birth mothers, adoptive families, and adoptees to have clear, accurate information. If you have questions or are ready to begin your adoption journey, contact us today for expert support and guidance through every step of the process.

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