Helping Families Grow Through Adoption.
Adoption Attorney
in Williamsburg, VA
If you are ready to grow your family through adoption, you probably have questions about how the process works. Adoption creates a permanent, legal parent-child relationship that carries all the same rights, privileges, and responsibilities as if the child were born to you. It is one of the most rewarding areas of family law.
At Selje Law, we are honored to help families navigate the adoption process.
How Adoption Works in Virginia
Adoption is a statutory legal action that does two things: it terminates the previous parent-child relationship and establishes a new parent-child relationship.
This is not simply a change in custody or guardianship. Adoption fundamentally changes the child's legal status.
Once an adoption is complete, the adoptive parents and child have all the same rights and obligations as if the child had been born to the adoptive parents.
The adopted child has full inheritance rights, the right to parental support, and all other rights that come with the parent-child relationship.
The adoptive parents have full parental rights and responsibilities.
After the adoption is finalized, a new birth certificate is issued with the adoptive parents' names listed as the child's parents.
The adoption is permanent and changes the child's legal family forever.
Who Can File a Petition
to Adopt in Virginia?
Who Can File a Petition to Adopt in Virginia?
Virginia law specifies who may file a petition to adopt a child. Understanding whether you qualify is the first step in the adoption process.
A petition to adopt may be filed by:
• Any natural person who resides in the Commonwealth of Virginia
• A person who has custody of a child placed by a licensed child-placing agency of the Commonwealth
• An adopting parent of a child who was subject to a consent proceeding
• Intended parents who are parties to a surrogacy contract
Married couples typically file a joint petition to adopt. Single individuals may also adopt in Virginia. The court's primary concern is whether the adoption serves the child's best interests.
How Children Are Placed for Adoption in Virginia
The type of placement affects the timeline, costs, and specific legal requirements for your adoption.
In order for an adoption to be valid, the parental rights of the biological parents must be terminated. The termination of parental rights can occur either voluntarily or involuntarily.
We help you understand which procedures apply to your situation.
Agency Placement
The child is placed through a licensed Virginia child-placing agency or local board.
Agency adoptions involve the agency's oversight, including home studies and matching services.
This method is common for domestic infant adoptions and adoptions from foster care.
Parental Placement
The child is placed directly by the birth parent, legal guardian, or an existing adoptive parent.
This method is used for stepparent adoptions, relative adoptions, and some private adoptions.
The procedures differ from agency placements, and in some cases, certain requirements like home studies may be waived.
Common Types of Adoption
Every adoption is unique, but most fall into several common categories. The type of adoption affects the specific procedures and requirements that apply.
Stepparent Adoption
One of the most common types of adoption, stepparent adoption occurs when a spouse adopts their partner's child from a previous relationship. This formalizes the bond that already exists and gives the stepparent full legal parental rights. Stepparent adoption requires either consent from the non-custodial biological parent or termination of that parent's rights. In many cases, the process is more streamlined than other types of adoption.
Relative or Kinship Adoption
When grandparents, aunts, uncles, or other relatives adopt a child, it is called relative or kinship adoption. This often occurs when birth parents are unable to care for their child due to death, incarceration, substance abuse, or other circumstances. Many kinship adoptions follow a period where the relative has been caring for the child informally or as a legal guardian.
Agency Adoption
In an agency adoption, a licensed child-placing agency handles the placement of the child with the adoptive family. The agency conducts home studies, facilitates matching between birth parents and adoptive families, and provides support throughout the process. Agency adoption includes domestic infant adoption and adoption from foster care.
Private or Independent Adoption
In a private adoption, birth parents place their child directly with adoptive parents, often with the assistance of an attorney. This type of adoption must comply with Virginia's parental placement laws. While no agency is involved in the placement, legal requirements must still be carefully followed.
What to Expect
During the Adoption Process
While every adoption is different, most follow a general process. Understanding what to expect can help you prepare and reduce anxiety as you move forward.
Step 1: Initial Consultation
We discuss your situation, your goals, and the type of adoption that applies. We explain the legal requirements and what you can expect throughout the process.
Step 2: Petition Filed
The adoption petition is prepared and filed with the circuit court. This document formally requests that the court grant the adoption.
Step 3: Consent Obtained
Birth parent consent is properly executed and filed, or if consent is not available, proceedings to terminate parental rights are pursued.
Step 4: Home Study (If Required)
Depending on the type of adoption, a home study may be required. This involves an assessment of the adoptive home to ensure it is a safe and suitable environment for the child. Home studies are typically required for agency adoptions but may be waived for stepparent adoptions.
Step 5: Waiting Period
Virginia law requires certain waiting periods before an adoption can be finalized. The specific timing depends on the circumstances of your adoption.
Step 6: Court Hearing
The judge reviews the case to ensure all legal requirements have been met and that the adoption is in the child's best interest. If satisfied, the judge enters the final decree of adoption.
Step 7: New Birth Certificate
After the adoption is finalized, a new birth certificate is issued with the adoptive parents listed as the child's parents.
The timeline for adoption varies based on the type of adoption and specific circumstances. Some adoptions finalize in a few months; others may take longer. We keep you informed throughout the process so you always know where things stand.
Related Services
Estate Planning
Protecting your family means planning for the future. We help you create a plan that fits your family's needs and ensures your wishes are followed, including:
- guardianship and trust will
- pourover will
- power of attorney
- advanced medical directive
How does adoption work in Virginia?
Adoption in Virginia is a legal process that terminates the biological parents' rights and establishes a new parent-child relationship with the adoptive parents. It requires filing a petition with the court, obtaining proper consent or termination of parental rights, and a court hearing where the judge finalizes the adoption. After finalization, a new birth certificate is issued.
How long does the adoption process take?
The timeline varies depending on the type of adoption and specific circumstances. Stepparent adoptions with consent from the non-custodial parent may be completed in a few months. Agency adoptions and adoptions involving termination of parental rights typically take longer. We keep you informed throughout the process so you know what to expect.
What is the difference between agency adoption and private adoption?
In an agency adoption, a licensed child-placing agency handles the placement, conducts home studies, and facilitates matching. In a private adoption, birth parents place the child directly with adoptive parents, often with attorney assistance. Both types must comply with Virginia law, but the procedures and oversight differ.
Can a stepparent adopt their spouse's child?
Yes. Stepparent adoption is one of the most common types of adoption. It requires either consent from the non-custodial biological parent or termination of that parent's rights. Once complete, the stepparent has full legal parental rights and responsibilities, and the child has full inheritance and other rights as the stepparent's legal child.
Contact Us
Finding the right firm to represent your family can be overwhelming. Let's talk about your case and the best way to proceed for your situation.
