What You Need to Know about Adoption in Virginia

What You Need to Know about Adoption in Virginia
NOVA Estate Lawyers – Leesburg, VA

If you are considering adopting a child, there are several routes you can take to expand your family.

The first step is to decide what type of adoption works best for you. You can opt to adopt through a public or private agency that can facilitate the entire process, from locating birth parents to terminating their parental rights.

Or you can adopt privately by making all arrangements directly with the birth parents. Typically, private adoptions include close relative, adult, and step-parent adoptions, which entail a less-complicated procedure than other types of adoptions.

Most international adoptions are handled by agencies. Domestic adoptions, on the other hand, can be either done privately or with the assistance of an agency.

In Virginia, when adopting a minor child, a prospective adopting parent must be at least 18 years old to adopt, can be married, single or divorced, and must pass a home study to be approved for adoption. A home study is the assessment of the potential adoptive parent(s), performed by a licensed adoption agency. It includes detailed background checks, child protective service clearances, medical, educational, vocational, and other checks and histories, financial checks, and recommendations from non-relatives. After performing the home study, the agency can recommend whether the potential adoptive parent(s) are suitable to adopt a child, and state the recommended type of adoption (for instance, only infants or only domestic adoptions).

The most common types of adoption include:

    • Open vs. Closed Adoptions

In an open adoption, the biological parents and adoptive parents are open to sharing personal information and can stay in contact with each other throughout the child’s life if they choose. In a closed adoption, biological parents and adoptive parents do not have access to each other’s private information, and records may be sealed. There is no interaction between the two families.

    • Relative and Stepparent Adoption

Relative adoption and stepparent adoption refer to placement of a child in the permanent care of a relatives or stepparent.

    • Infant, Older, or Multiple Child Adoption

Minor children can be adopted at any age; however, there is a greater need for parents willing to adopt older children and sibling groups.
An adult child (age 18 or older) can also be adopted, by giving his or her own Consent; however, when the adult child is being adopted by a non-relative, some States (including Virginia) have a minimum age difference that must exist between the non-relative adopting parent and the adult child consenting to be adopted. In Virginia, that requirement is currently 15 years, meaning the non-relative adoptive parent must be at least 15 years older than the adult seeking to be adopted. A home study is typically not required for an adult child being adopted by giving his or her consent to that adoption.

    • Foster Care Adoption

Children placed in foster care are sometimes adopted by their foster family or through the foster care system, though this is a drawn-out legal process that can require the termination of the natural parents’ parental rights through multiple court-proceedings. Foster care adoptions can be completed through the Department of Social Services in conjunction with such court-proceedings.

    • Special Needs Adoption

In Virginia, many special needs children are available for adoption, and Federal and State programs exist to financially help adoptive parents.

    • International Adoption

Children under age 18 who are adopted from a Hague Convention country, and who enter the U.S. with an IH-3 visa may automatically receive U.S. citizenship. Those adopted from non-convention countries must qualify as orphans. Parents finalizing adoptions abroad must apply to the USCIS for an IR-3 visa for their child.

Do I Need an Adoption Attorney?
In Virginia, most adoptions are completed through an adoption agency or adoption attorney. You do, however, want to consult your family law attorney at the time when you are considering adoption. Your attorney can fill you in on your legal responsibilities, as well as provide helpful information to guide you through the process of adoption through completion. There are also important estate planning considerations to adoption, both for the parent giving up his or her rights if consenting to the adoption of a child, and the adopting parent who might also have natural children who then share any inheritance with their adopted sibling(s).

Contact Your Family Law Attorney
As you can see, there are many consideration and complications involved in adoption. Before you embark on this often overwhelming yet ultimately rewarding journey, consult with an attorney knowledgeable about Virginia’s laws on adoption, like attorneys Patricia Tichenor or Camellia Safi at the Law Office of Patricia E. Tichenor P.L.L.C. This way, you can receive all the necessary legal advice and support you need, and turn your focus to welcoming a child into your life.