§ 63.2-1202. Parental, or agency, consent required; exceptions.
A. No petition for adoption shall be granted, except as hereinafter providedin this section, unless written consent to the proposed adoption is filedwith the petition. Such consent shall be in writing, signed under oath andacknowledged before an officer authorized by law to take acknowledgments. Theconsent of a birth parent for the adoption of his child placed directly bythe birth parent shall be executed as provided in § 63.2-1233, and thecircuit court may accept a certified copy of an order entered pursuant to §63.2-1233 in satisfaction of all requirements of this section, provided theorder clearly evidences compliance with the applicable notice and consentrequirements of § 63.2-1233.
B. A birth parent who has not reached the age of 18 shall have legal capacityto give consent to adoption and perform all acts related to adoption, andshall be as fully bound thereby as if the birth parent had attained the ageof 18 years.
C. Consent shall be executed:
1. By the birth mother and by any man who:
a. Is an acknowledged father under § 20-49.1;
b. Is an adjudicated father under § 20-49.8;
c. Is a presumed father under subsection D; or
d. Has registered with the Putative Father Registry pursuant to Article 7 (§63.2-1249 et seq.) of this chapter.
Verification of compliance with the notice provisions of the Putative FatherRegistry shall be provided to the court.
2. By the child-placing agency or the local board having custody of thechild, with right to place him for adoption, through court commitment orparental agreement as provided in § 63.2-900, 63.2-903 or 63.2-1221; or anagency outside the Commonwealth that is licensed or otherwise duly authorizedto place children for adoption by virtue of the laws under which it operates;and
3. By the child if he is 14 years of age or older, unless the circuit courtfinds that the best interests of the child will be served by not requiringsuch consent.
D. A man shall be presumed to be the father of a child if:
1. He and the mother of the child are married to each other and the child isborn during the marriage;
2. He and the mother of the child were married to each other and the child isborn within 300 days of their date of separation, as evidenced by a writtenagreement or decree of separation, or within 300 days after the marriage isterminated by death, annulment, declaration of invalidity, or divorce; or
3. Before the birth of the child, he and the mother of the child married eachother in apparent compliance with the law, even if the attempted marriage isor could be declared invalid, and the child is born during the invalidmarriage or within 300 days of their date of separation, as evidenced by awritten agreement or decree of separation, or within 300 days after itstermination by death, annulment, declaration of invalidity, or divorce.
Such presumption may be rebutted by sufficient evidence that would establishby a preponderance of the evidence the paternity of another man or theimpossibility or improbability of cohabitation with the birth mother for aperiod of at least 300 days prior to the birth of the child.
E. No consent shall be required of a birth father if he denies under oath andin writing the paternity of the child. Such denial of paternity may bewithdrawn no more than 10 days after it is executed. Once the child is 10days old, any executed denial of paternity is final and constitutes a waiverof all rights with respect to the adoption of the child and cannot bewithdrawn.
F. No consent shall be required of the birth father of a child when the birthfather is convicted of a violation of subsection A of § 18.2-61, § 18.2-63,subsection B of § 18.2-366, or an equivalent offense of another state, theUnited States, or any foreign jurisdiction, and the child was conceived as aresult of such violation.
G. No notice or consent shall be required of any person whose parental rightshave been terminated by a court of competent jurisdiction, including foreigncourts that have competent jurisdiction. No notice or consent is required ofany birth parent of a child whose adoption was finalized in a foreign countryor for whom a guardianship order was granted when the child was approved bythe United States Citizenship and Immigration Services for purposes ofadoption.
H. No consent shall be required of a birth parent who, without just cause,has neither visited nor contacted the child for a period of six months priorto the filing of the petition for adoption. The prospective adoptiveparent(s) shall establish by clear and convincing evidence that the birthparent(s), without just cause, has neither visited nor contacted the childfor a period of six months prior to the filing of the petition for adoption.This provision shall not infringe upon the birth parent's right to be noticedand heard on the allegation of abandonment. For purposes of this section, thepayment of child support, in the absence of other contact with the child,shall not be considered contact.
I. A birth father of the child may consent to the termination of all of hisparental rights prior to the birth of the child.
J. The failure of the nonconsenting party to appear at any scheduled hearing,either in person or by counsel, after proper notice has been given to saidparty, shall constitute a waiver of any objection and right to consent to theadoption.
K. If a birth parent or legal guardian, executing a consent, entrustment, orother documents related to the adoption, cannot provide the identificationrequired pursuant to § 47.1-14, the birth parent may execute aself-authenticating affidavit as to his identity subject to the penaltiescontained in § 63.2-1217.
(Code 1950, § 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603;1968, c. 578, § 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc.730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995,cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.10; 2002, c. 747; 2005,c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805.)
§ 63.2-1202. Parental, or agency, consent required; exceptions.
A. No petition for adoption shall be granted, except as hereinafter providedin this section, unless written consent to the proposed adoption is filedwith the petition. Such consent shall be in writing, signed under oath andacknowledged before an officer authorized by law to take acknowledgments. Theconsent of a birth parent for the adoption of his child placed directly bythe birth parent shall be executed as provided in § 63.2-1233, and thecircuit court may accept a certified copy of an order entered pursuant to §63.2-1233 in satisfaction of all requirements of this section, provided theorder clearly evidences compliance with the applicable notice and consentrequirements of § 63.2-1233.
B. A birth parent who has not reached the age of 18 shall have legal capacityto give consent to adoption and perform all acts related to adoption, andshall be as fully bound thereby as if the birth parent had attained the ageof 18 years.
C. Consent shall be executed:
1. By the birth mother and by any man who:
a. Is an acknowledged father under § 20-49.1;
b. Is an adjudicated father under § 20-49.8;
c. Is a presumed father under subsection D; or
d. Has registered with the Putative Father Registry pursuant to Article 7 (§63.2-1249 et seq.) of this chapter.
Verification of compliance with the notice provisions of the Putative FatherRegistry shall be provided to the court.
2. By the child-placing agency or the local board having custody of thechild, with right to place him for adoption, through court commitment orparental agreement as provided in § 63.2-900, 63.2-903 or 63.2-1221; or anagency outside the Commonwealth that is licensed or otherwise duly authorizedto place children for adoption by virtue of the laws under which it operates;and
3. By the child if he is 14 years of age or older, unless the circuit courtfinds that the best interests of the child will be served by not requiringsuch consent.
D. A man shall be presumed to be the father of a child if:
1. He and the mother of the child are married to each other and the child isborn during the marriage;
2. He and the mother of the child were married to each other and the child isborn within 300 days of their date of separation, as evidenced by a writtenagreement or decree of separation, or within 300 days after the marriage isterminated by death, annulment, declaration of invalidity, or divorce; or
3. Before the birth of the child, he and the mother of the child married eachother in apparent compliance with the law, even if the attempted marriage isor could be declared invalid, and the child is born during the invalidmarriage or within 300 days of their date of separation, as evidenced by awritten agreement or decree of separation, or within 300 days after itstermination by death, annulment, declaration of invalidity, or divorce.
Such presumption may be rebutted by sufficient evidence that would establishby a preponderance of the evidence the paternity of another man or theimpossibility or improbability of cohabitation with the birth mother for aperiod of at least 300 days prior to the birth of the child.
E. No consent shall be required of a birth father if he denies under oath andin writing the paternity of the child. Such denial of paternity may bewithdrawn no more than 10 days after it is executed. Once the child is 10days old, any executed denial of paternity is final and constitutes a waiverof all rights with respect to the adoption of the child and cannot bewithdrawn.
F. No consent shall be required of the birth father of a child when the birthfather is convicted of a violation of subsection A of § 18.2-61, § 18.2-63,subsection B of § 18.2-366, or an equivalent offense of another state, theUnited States, or any foreign jurisdiction, and the child was conceived as aresult of such violation.
G. No notice or consent shall be required of any person whose parental rightshave been terminated by a court of competent jurisdiction, including foreigncourts that have competent jurisdiction. No notice or consent is required ofany birth parent of a child whose adoption was finalized in a foreign countryor for whom a guardianship order was granted when the child was approved bythe United States Citizenship and Immigration Services for purposes ofadoption.
H. No consent shall be required of a birth parent who, without just cause,has neither visited nor contacted the child for a period of six months priorto the filing of the petition for adoption. The prospective adoptiveparent(s) shall establish by clear and convincing evidence that the birthparent(s), without just cause, has neither visited nor contacted the childfor a period of six months prior to the filing of the petition for adoption.This provision shall not infringe upon the birth parent's right to be noticedand heard on the allegation of abandonment. For purposes of this section, thepayment of child support, in the absence of other contact with the child,shall not be considered contact.
I. A birth father of the child may consent to the termination of all of hisparental rights prior to the birth of the child.
J. The failure of the nonconsenting party to appear at any scheduled hearing,either in person or by counsel, after proper notice has been given to saidparty, shall constitute a waiver of any objection and right to consent to theadoption.
K. If a birth parent or legal guardian, executing a consent, entrustment, orother documents related to the adoption, cannot provide the identificationrequired pursuant to § 47.1-14, the birth parent may execute aself-authenticating affidavit as to his identity subject to the penaltiescontained in § 63.2-1217.
(Code 1950, § 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603;1968, c. 578, § 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc.730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995,cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.10; 2002, c. 747; 2005,c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805.)
§ 63.2-1202. Parental, or agency, consent required; exceptions.
A. No petition for adoption shall be granted, except as hereinafter providedin this section, unless written consent to the proposed adoption is filedwith the petition. Such consent shall be in writing, signed under oath andacknowledged before an officer authorized by law to take acknowledgments. Theconsent of a birth parent for the adoption of his child placed directly bythe birth parent shall be executed as provided in § 63.2-1233, and thecircuit court may accept a certified copy of an order entered pursuant to §63.2-1233 in satisfaction of all requirements of this section, provided theorder clearly evidences compliance with the applicable notice and consentrequirements of § 63.2-1233.
B. A birth parent who has not reached the age of 18 shall have legal capacityto give consent to adoption and perform all acts related to adoption, andshall be as fully bound thereby as if the birth parent had attained the ageof 18 years.
C. Consent shall be executed:
1. By the birth mother and by any man who:
a. Is an acknowledged father under § 20-49.1;
b. Is an adjudicated father under § 20-49.8;
c. Is a presumed father under subsection D; or
d. Has registered with the Putative Father Registry pursuant to Article 7 (§63.2-1249 et seq.) of this chapter.
Verification of compliance with the notice provisions of the Putative FatherRegistry shall be provided to the court.
2. By the child-placing agency or the local board having custody of thechild, with right to place him for adoption, through court commitment orparental agreement as provided in § 63.2-900, 63.2-903 or 63.2-1221; or anagency outside the Commonwealth that is licensed or otherwise duly authorizedto place children for adoption by virtue of the laws under which it operates;and
3. By the child if he is 14 years of age or older, unless the circuit courtfinds that the best interests of the child will be served by not requiringsuch consent.
D. A man shall be presumed to be the father of a child if:
1. He and the mother of the child are married to each other and the child isborn during the marriage;
2. He and the mother of the child were married to each other and the child isborn within 300 days of their date of separation, as evidenced by a writtenagreement or decree of separation, or within 300 days after the marriage isterminated by death, annulment, declaration of invalidity, or divorce; or
3. Before the birth of the child, he and the mother of the child married eachother in apparent compliance with the law, even if the attempted marriage isor could be declared invalid, and the child is born during the invalidmarriage or within 300 days of their date of separation, as evidenced by awritten agreement or decree of separation, or within 300 days after itstermination by death, annulment, declaration of invalidity, or divorce.
Such presumption may be rebutted by sufficient evidence that would establishby a preponderance of the evidence the paternity of another man or theimpossibility or improbability of cohabitation with the birth mother for aperiod of at least 300 days prior to the birth of the child.
E. No consent shall be required of a birth father if he denies under oath andin writing the paternity of the child. Such denial of paternity may bewithdrawn no more than 10 days after it is executed. Once the child is 10days old, any executed denial of paternity is final and constitutes a waiverof all rights with respect to the adoption of the child and cannot bewithdrawn.
F. No consent shall be required of the birth father of a child when the birthfather is convicted of a violation of subsection A of § 18.2-61, § 18.2-63,subsection B of § 18.2-366, or an equivalent offense of another state, theUnited States, or any foreign jurisdiction, and the child was conceived as aresult of such violation.
G. No notice or consent shall be required of any person whose parental rightshave been terminated by a court of competent jurisdiction, including foreigncourts that have competent jurisdiction. No notice or consent is required ofany birth parent of a child whose adoption was finalized in a foreign countryor for whom a guardianship order was granted when the child was approved bythe United States Citizenship and Immigration Services for purposes ofadoption.
H. No consent shall be required of a birth parent who, without just cause,has neither visited nor contacted the child for a period of six months priorto the filing of the petition for adoption. The prospective adoptiveparent(s) shall establish by clear and convincing evidence that the birthparent(s), without just cause, has neither visited nor contacted the childfor a period of six months prior to the filing of the petition for adoption.This provision shall not infringe upon the birth parent's right to be noticedand heard on the allegation of abandonment. For purposes of this section, thepayment of child support, in the absence of other contact with the child,shall not be considered contact.
I. A birth father of the child may consent to the termination of all of hisparental rights prior to the birth of the child.
J. The failure of the nonconsenting party to appear at any scheduled hearing,either in person or by counsel, after proper notice has been given to saidparty, shall constitute a waiver of any objection and right to consent to theadoption.
K. If a birth parent or legal guardian, executing a consent, entrustment, orother documents related to the adoption, cannot provide the identificationrequired pursuant to § 47.1-14, the birth parent may execute aself-authenticating affidavit as to his identity subject to the penaltiescontained in § 63.2-1217.
(Code 1950, § 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603;1968, c. 578, § 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc.730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995,cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.10; 2002, c. 747; 2005,c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805.)
