Consent shall be revocable as follows:
1. By either consenting birth parent for any reason for up to seven days from its execution; however, such seven-day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth parent shall not affect the right of the second consenting birth parent to retain his seven-day revocation period.
a. Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the juvenile and domestic relations district court, within the time period specified in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the clerk's office is closed as authorized by statute, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk's office is closed as authorized by statute.
b. Upon the filing of a valid revocation within the time period set out in this section, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district court shall determine custody of the child as between the birth parents.
2. By any party prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents.
1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.41; 2002, c. 747; 2006, cc. 825, 848; 2008, c. 662.
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