Do Biological Parents Need to Agree to an Adoption?
In Virginia, the biological parent’s consent is typically required for adoption. However, this may be set aside under certain circumstances, such as abandonment or failure to support the child. Additionally, if a parent has been deemed unfit due to abuse or neglect, their consent might not be necessary. Each case is assessed individually to ensure the child’s best interests are prioritized, and we have succesfully completed adoptions for parents when the biological parent will not consent
Adopting when Birthparents’ Whereabouts are Unknown
This can be a complicated situation. Under Virginia law, there’s a strict requirement to make careful efforts to find the birth parent. However, if the birth parent remains unreachable, the court has the authority to approve the adoption, especially if it decides that it serves the child’s best interests. This process ensures that every adoption decision prioritizes the welfare of the child. We have guided many families through this process.
Criminal History and Adoption
In Virginia, people with specific criminal histories cannot adopt, if the crime they were convicted for is on the barrier crime crime list or if they have a history of child abuse.
Process of Adopting a Stepchild in Virginia
Undertaking this significant legal process requires the expertise of a family law attorney to guide you through. The steps involved in adopting a stepchild are as follows:
- Petition to adopt: Formal request for legal recognition of the stepparent-child relationship.
- Home study: Assessment of the prospective adoptive home for suitability. In many circumstances, we can have this requirement waived.
- Consent from relevant parties: Required approval from the biological parent(s) and others involved.
Finalization in court: Adoption completion through a court hearing and the final decree issuance.