If you are considering growing your family or strengthening a bond with a stepchild, adoption can be a joyous experience for the whole family. It can also be legally complex, especially when navigating interstate and international adoptions. Conversely, birth parents considering giving up a child for adoption might be experiencing some trepidation, wanting to ensure they are doing the right thing for their child.
At Melone Hatley, P.C., our Reston, Virginia adoption attorneys understand the emotional complexity of adoption in both cases. We are here to understand your needs and guide you through the process so you can have peace of mind that your adoption is legally compliant, your goals have been met, and your child’s well-being has been prioritized.
Who is Entitled to Adopt a Child in Virginia?
Virginia has inclusive adoption laws that welcome a diverse range of individuals and couples to become adoptive parents. Whether you are single or married, young or mature, the state offers pathways for you to build or expand your family through adoption, providing you meet the following criteria:
- Age
Any individual who is at least 18 years old can adopt. While there is no maximum age limit, age and health will be considered during the home study process. - Marital status
Both single and married individuals are eligible to adopt. However, if the prospective adoptive parent is married, both spouses must adopt jointly unless the individual is adopting the other spouse’s child. - Residency
Prospective adoptive parents must satisfy a six-month residency before finalizing an adoption in Virginia. - Consent from the child
If the child being adopted is 14 years old or older, the child’s consent will be required before the adoption can be finalized. - Home study and background checks
All prospective adoptive parents must undergo a home study conducted by a licensed agency or social worker. This study will involve visits, interviews, background checks, health evaluations, and financial stability assessments.
These requirements ensure that adoptive parents are equipped to provide a safe, stable, and loving home environment for the child.
What is the Difference Between an Agency Placement and a Non-Agency Placement?
Adoption can come in many different forms. These can usually be broken down into agency and non-agency adoptions.
Agency Placements
Agency adoptions are through a licensed agency that acts as an intermediary between birth parents and prospective adoptive parents. They are most often used when a child is in the custody of a local Department of Social Services or a licensed child-placing agency. Agency placements often arise when parents have given up their parental rights voluntarily or when rights have been terminated by the court.
Agency adoptions are most commonly used for:
- Infant adoption when birth parents voluntarily place newborns with a licensed adoption agency to find suitable adoptive parents
- When children in the foster care system become legally free for adoption when their biological parents’ rights are terminated
- Facilitating special needs adoptions to ensure families are prepared and supported
- Adoptions involving sibling groups to ensure siblings remain together by finding families willing to adopt multiple children
The agency will conduct a home study in these placements to ensure the adoptive parents are suitable for the child. The parental rights of the birth parents are terminated, and the agency goes forward with the authority to place the child for adoption. In some cases, the court may issue an interlocutory order granting parental rights to the adoptive parents for a probationary period, typically resulting in the adoption going forward after that period ends.
Non-Agency Placements
Except for a licensed agency or child placement authority, only birth parents and legal guardians can consent to the adoption of a child. Usually, non-agency placements are utilized in adoptions involving other family members or chosen adoptive families.
- Close relative adoptions
Close relatives have specific rights that allow these adoptions to proceed more smoothly and efficiently. In Virginia, close relatives are considered grandparents, great-grandparents, adult siblings, and other close family members. Family adoptions offer emotional continuity, stability, a shorter adjustment period, and a more simplified legal process. - Stepparent adoptions
Stepparent adoption allows a spouse to legally adopt the other spouse’s child, granting them full parental rights and responsibilities. The child’s non-custodial biological parent must consent to the adoption. If the non-custodial parent is absent or unwilling to consent, the court may agree to waive the consent requirement, provided the adoption is in the best interests of the child. - Parental placement adoptions
A parental placement adoption is one where birth parents choose the adoptive parents and consent to the adoption of their child. If only one birth parent agreed to the adoption, that parent must provide a statement confirming that reasonable efforts were made to locate the other birth parent for consent. Virginia law allows birth parents a seven-day period to change their minds about their child’s adoption.
The Importance of Birth-Parent Consent
The consent of both birth parents is essential to ensure the complete and uncontested transfer of parental rights. When both parents consent, this eliminates the risk of legal disputes when one parent later challenges the adoption.
Consent by both birth parents demonstrates both parties were considered in the decision-making process, prioritizing the child’s best interests. It also reflects a unified decision made by both biological parents, providing clarity for everyone, including the child.
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How do Interstate and International Adoptions Work?
Adopting a child across state lines or international borders will add another dimension of procedures and regulations to the adoption process. While these adoptions allow families to search for adoption opportunities outside their immediate region, they also require compliance with state and Federal laws as well as international treaties.
Interstate Adoptions
Adoptions across state lines are governed by the Interstate Compact on the Placement of Children (ICPC). This agreement among all 50 states, the District of Columbia, and the U.S. Virgin Islands ensures that children placed for adoption across state lines receive the same protections and services as those adopted within their home state.
An interstate adoption requires that:
- Both sending and receiving states submit the necessary paperwork, home studies, background checks, and legal consent to the ICPC offices of both states.
- Both offices approve the placement before adoptive parents can take custody of the child and bring them home.
- The adoptive parents comply with the adoption laws of both states, including meeting eligibility requirements, completing home studies, and obtaining necessary consents.
International Adoptions
International adoption requires navigating complex Federal, state, and international legal requirements. These include:
- Working with an adoption agency accredited by the Hague Adoption Convention (if applicable), ensuring ethical practices and safeguards for the child
- Applying to the United States Citizenship and Immigration Services (USCIS) to ensure their eligibility for international adoption. This includes a home study, fingerprinting, and background checks
- Obtaining consent from the child’s country’s adoption authority for permission to adopt. That country will review and assess whether the adoptive parents meet their criteria for adoption
- Applying for the child’s eligibility to immigrate to the United States through a visa application process
After entering the U.S., the adoption must then be finalized according to Virginia state adoption laws.
What is the Legal Process for Adopting a Child in Virginia?
The legal process of adoption in Virginia is designed to ensure that the adoption serves the best interests of the child and that the adoptive family is able and prepared to meet the child’s physical and emotional needs. Two important components of the process include a home study and pre-adoption training to prepare the prospective adoptive parents.
The Home Study
A pre-adoption home study is an evaluation conducted by a licensed adoption agency or social worker to determine the suitability of the prospective adoptive parents.
The home-study includes:
- Home visits to assess the prospective parents’ living environment and ensure it is safe and suitable for the child
- Background checks on prospective adoptive parents and other household members, including criminal and child abuse clearances
- In-depth interviews with the adoptive parents, exploring their motivations for seeking an adoption, their parenting philosophies, and their readiness to meet the child’s needs
- Health assessments
- Financial reviews
- A written autobiographical statement
- References from non-family members who can vouch for the family’s suitability and character.
Pre-Adoption Training
Virginia adoption law also requires prospective adoptive parents to complete pre-adoptive training to equip them with the skills and knowledge for a successful adoption experience. Training includes understanding the psychological and emotional aspects of adoption, exploring effective parenting strategies tailored to the adopted child, and coaching on how to navigate relationships with birth families if they are exploring an open or semi-open adoption.
Once the home study and pre-adoption training are completed, adoptive parents must then file a petition for adoption with the court, including information about them, the home study report, the birth parents’ legal consent, and any other supporting documentation. If the adoption was facilitated through an agency, a pre-adoption placement period may be required during which the child will live with the prospective adoptive parents while the agency conducts in-home visits to monitor the child’s adjustment.
After training, home visits, and pre-adoption placement are completed, the court will evaluate the information and determine if the adoption is in the child’s best interests. If the court approves the adoption, a final adoption decree will be issued, establishing the adoptive parents’ rights as the child’s legal parents.
Getting the Assistance of an Experienced Reston, Virginia Adoption Attorney
If you are considering adopting a child or placing a child for adoption, you will want to understand your options and your legal rights and responsibilities.
At Melone Hatley, P.C., our Reston, Virginia adoption lawyers have been representing families for over a decade, ensuring they make knowledgeable decisions in their and their children’s best interests. If you are exploring adoption, let us help. Call us at (703) 995 – 9900 or contact us online to schedule a free consultation with one of our client services coordinators.
