A licensed child-placing agency or local board may place for adoption, and is empowered to consent to the adoption of, any child who is properly committed or entrusted to its care, in accordance with the provisions of §§ 63.2-900, 63.2-903, 63.2-1817 or this section, when the order of commitment or the entrustment agreement between the birth parent(s) and the agency or board provides for the termination of all parental rights and responsibilities with respect to the child for the purpose of placing and consenting to the adoption of such child.
The entrustment agreement shall divest the birth parent(s) of all legal rights and obligations with respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them, provided that such rights and obligations may be restored to the birth parent(s) and the child by circuit court order prior to the entry of a final order of adoption upon proof of fraud or duress. An entrustment agreement for the termination of all parental rights and responsibilities shall be executed in writing and notarized, and shall be revocable prior to entry of an order finalizing the agreement (i) upon proof of fraud or duress, or (ii) after the placement of the child in an adoptive home upon written mutual consent of the birth parents and prospective adoptive parents.
1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.28; 2002, c. 747; 2004, c. 815; 2009, c. 805.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
§ 63.2-1200. Who may place children for adoption
§ 63.2-1200.1. Recognition of foreign adoption; issuance of birth certificates
§ 63.2-1201. Filing of petition for adoption; venue; jurisdiction; and proceedings
§ 63.2-1202. Parental, or agency, consent required; exceptions
§ 63.2-1203. When consent is withheld or unobtainable
§ 63.2-1204. When consent is revocable; fraud or duress; mutual consent
§ 63.2-1205. Best interests of the child; standards for determining
§ 63.2-1205.1. Certain offenders prohibited from adopting a child
§ 63.2-1206. No parental presumption after revocation period expires
§ 63.2-1207. Removal of child from adoptive home
§ 63.2-1208. Investigations; report to circuit court
§ 63.2-1209. Entry of interlocutory order
§ 63.2-1211. Revocation of interlocutory order
§ 63.2-1212. Visitations during probationary period and report
§ 63.2-1213. Final order of adoption
§ 63.2-1215. Legal effects of adoption
§ 63.2-1216. Final order not subject to attack after six months
§ 63.2-1217. Provision of false information; penalty
§ 63.2-1218. Certain exchange of property, advertisement, solicitation prohibited; penalty
§ 63.2-1219. Suspected violation of property exchange information
§ 63.2-1220. Issuance of birth certificates for children adopted in the Commonwealth
§ 63.2-1220.01. Foreign adoptions; establishment of date of birth
§ 63.2-1220.1. Establishment of minimum training requirements
§ 63.2-1220.2. Authority to enter into post-adoption contact and communication agreements
§ 63.2-1220.3. Approval of post-adoption contact and communication agreements
§ 63.2-1220.4. Jurisdiction to approve post-adoption contact and communication agreements
§ 63.2-1221. Placement of children for adoption by agency or local board
§ 63.2-1223. Revocation of entrustment agreement
§ 63.2-1224. Explanation of process, legal effects of adoption required
§ 63.2-1225. Determination of appropriate home
§ 63.2-1226. When birth parents recommend adoptive parents
§ 63.2-1227. Filing of petition for agency adoption
§ 63.2-1228. Forwarding of petition
§ 63.2-1229. Foster parent adoption
§ 63.2-1230. Placement of children by parent or guardian
§ 63.2-1231. Home study; meeting required; exception
§ 63.2-1232. Requirements of a parental placement adoption; exception
§ 63.2-1233. Consent to be executed in juvenile and domestic relations district court; exceptions
§ 63.2-1234. When consent is revocable
§ 63.2-1235. Adoptive home not in child's best interests
§ 63.2-1236. Duty of Department to disseminate information
§ 63.2-1237. Petition for parental placement adoption; jurisdiction; contents
§ 63.2-1238. Forwarding of petition; when investigation and report not required
§ 63.2-1239. Return of copies furnished to counsel
§ 63.2-1242. Investigation and report at discretion of circuit court
§ 63.2-1242.1. Relative adoption
§ 63.2-1242.2. Close relative adoption; child in home less than two years
§ 63.2-1242.3. Close relative placement; child in home for two years or more
§ 63.2-1243. Adoption of certain persons eighteen years of age or over
§ 63.2-1244. Investigation and report at discretion of circuit court; exception
§ 63.2-1246. Disposition of reports; disclosure of information as to identity of birth family
§ 63.2-1246.1. Commissioner authority to store, preserve, and certify adoption files
§ 63.2-1248. Fees for home studies, investigations, visitations and reports
§ 63.2-1249. Establishment of Registry
§ 63.2-1250. Registration; notice; form
§ 63.2-1251. Furnishing information; confidentiality; penalty