§ 63.2-1232. Requirements of a parental placement adoption.
A. The juvenile and domestic relations district court shall not acceptconsent until it determines that:
1. The birth parent(s) are aware of alternatives to adoption, adoptionprocedures, and opportunities for placement with other adoptive families, andthat the birth parents' consent is informed and uncoerced.
2. A licensed or duly authorized child-placing agency has counseled theprospective adoptive parents with regard to alternatives to adoption,adoption procedures, including the need to address the parental rights ofbirth parents, the procedures for terminating such rights, and opportunitiesfor adoption of other children; that the prospective adoptive parents'decision is informed and uncoerced; and that they intend to file an adoptionpetition and proceed toward a final order of adoption.
3. The birth parent(s) and adoptive parents have exchanged identifyinginformation including but not limited to full names, addresses, physical,mental, social and psychological information and any other informationnecessary to promote the welfare of the child, unless both parties agree inwriting to waive the disclosure of full names and addresses.
4. Any financial agreement or exchange of property among the parties and anyfees charged or paid for services related to the placement or adoption of thechild have been disclosed to the court and that all parties understand thatno binding contract regarding placement or adoption of the child exists.
5. There has been no violation of the provisions of § 63.2-1218 in connectionwith the placement; however, if it appears there has been such violation, thecourt shall not reject consent of the birth parent to the adoption for thatreason alone but shall report the alleged violation as required by §63.2-1219.
6. A licensed or duly authorized child-placing agency has conducted a homestudy of the prospective adoptive home in accordance with regulationsestablished by the Board and has provided to the court a report of such homestudy, which shall contain the agency's recommendation regarding thesuitability of the placement. A married couple or an unmarried individualshall be eligible to receive placement of a child for adoption.
7. The birth parent(s) have been informed of their opportunity to berepresented by legal counsel.
B. The juvenile and domestic relations district court shall not accept theconsent if the requirements of subsection A have not been met. In such cases,it shall refer the birth parent to a licensed or duly authorizedchild-placing agency for investigation and recommendation in accordance with§§ 63.2-1208 and 63.2-1238. If the juvenile and domestic relations districtcourt determines that any of the parties is financially unable to obtain therequired services, it shall refer the matter to the local director.
C. In cases in which a birth parent who resides in the Commonwealth placeshis child for adoption with adoptive parents in another state and the laws ofthat receiving state govern the proceeding for adoption, the birth parent mayelect to waive the execution of consent pursuant to § 63.2-1233 and insteadexecute consent to the adoption pursuant to the laws of the receiving state.Any waiver of consent made pursuant to this subsection shall be made underoath and in writing, and shall expressly state that the birth parent hasreceived independent legal counsel from an attorney licensed in theCommonwealth of Virginia advising him of the laws of the Commonwealth, thelaws of the receiving state pursuant to which he elects to consent to theadoption, and the effects of his waiver of consent pursuant to § 63.2-1233and election to consent pursuant to the laws of the receiving state. Anywaiver of consent and election to consent pursuant to the laws of a receivingstate shall include the name, address, and telephone number of such legalcounsel. Failure to comply with this section shall render a waiver of consentpursuant to § 63.2-1233 and election to consent pursuant to the laws of thereceiving state as authorized by this subsection invalid.
(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, § 63.1-219.39; 2002, c.747; 2006, cc. 654, 825, 848; 2010, c. 276.)
§ 63.2-1232. Requirements of a parental placement adoption.
A. The juvenile and domestic relations district court shall not acceptconsent until it determines that:
1. The birth parent(s) are aware of alternatives to adoption, adoptionprocedures, and opportunities for placement with other adoptive families, andthat the birth parents' consent is informed and uncoerced.
2. A licensed or duly authorized child-placing agency has counseled theprospective adoptive parents with regard to alternatives to adoption,adoption procedures, including the need to address the parental rights ofbirth parents, the procedures for terminating such rights, and opportunitiesfor adoption of other children; that the prospective adoptive parents'decision is informed and uncoerced; and that they intend to file an adoptionpetition and proceed toward a final order of adoption.
3. The birth parent(s) and adoptive parents have exchanged identifyinginformation including but not limited to full names, addresses, physical,mental, social and psychological information and any other informationnecessary to promote the welfare of the child, unless both parties agree inwriting to waive the disclosure of full names and addresses.
4. Any financial agreement or exchange of property among the parties and anyfees charged or paid for services related to the placement or adoption of thechild have been disclosed to the court and that all parties understand thatno binding contract regarding placement or adoption of the child exists.
5. There has been no violation of the provisions of § 63.2-1218 in connectionwith the placement; however, if it appears there has been such violation, thecourt shall not reject consent of the birth parent to the adoption for thatreason alone but shall report the alleged violation as required by §63.2-1219.
6. A licensed or duly authorized child-placing agency has conducted a homestudy of the prospective adoptive home in accordance with regulationsestablished by the Board and has provided to the court a report of such homestudy, which shall contain the agency's recommendation regarding thesuitability of the placement. A married couple or an unmarried individualshall be eligible to receive placement of a child for adoption.
7. The birth parent(s) have been informed of their opportunity to berepresented by legal counsel.
B. The juvenile and domestic relations district court shall not accept theconsent if the requirements of subsection A have not been met. In such cases,it shall refer the birth parent to a licensed or duly authorizedchild-placing agency for investigation and recommendation in accordance with§§ 63.2-1208 and 63.2-1238. If the juvenile and domestic relations districtcourt determines that any of the parties is financially unable to obtain therequired services, it shall refer the matter to the local director.
C. In cases in which a birth parent who resides in the Commonwealth placeshis child for adoption with adoptive parents in another state and the laws ofthat receiving state govern the proceeding for adoption, the birth parent mayelect to waive the execution of consent pursuant to § 63.2-1233 and insteadexecute consent to the adoption pursuant to the laws of the receiving state.Any waiver of consent made pursuant to this subsection shall be made underoath and in writing, and shall expressly state that the birth parent hasreceived independent legal counsel from an attorney licensed in theCommonwealth of Virginia advising him of the laws of the Commonwealth, thelaws of the receiving state pursuant to which he elects to consent to theadoption, and the effects of his waiver of consent pursuant to § 63.2-1233and election to consent pursuant to the laws of the receiving state. Anywaiver of consent and election to consent pursuant to the laws of a receivingstate shall include the name, address, and telephone number of such legalcounsel. Failure to comply with this section shall render a waiver of consentpursuant to § 63.2-1233 and election to consent pursuant to the laws of thereceiving state as authorized by this subsection invalid.
(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, § 63.1-219.39; 2002, c.747; 2006, cc. 654, 825, 848; 2010, c. 276.)
§ 63.2-1232. Requirements of a parental placement adoption.
A. The juvenile and domestic relations district court shall not acceptconsent until it determines that:
1. The birth parent(s) are aware of alternatives to adoption, adoptionprocedures, and opportunities for placement with other adoptive families, andthat the birth parents' consent is informed and uncoerced.
2. A licensed or duly authorized child-placing agency has counseled theprospective adoptive parents with regard to alternatives to adoption,adoption procedures, including the need to address the parental rights ofbirth parents, the procedures for terminating such rights, and opportunitiesfor adoption of other children; that the prospective adoptive parents'decision is informed and uncoerced; and that they intend to file an adoptionpetition and proceed toward a final order of adoption.
3. The birth parent(s) and adoptive parents have exchanged identifyinginformation including but not limited to full names, addresses, physical,mental, social and psychological information and any other informationnecessary to promote the welfare of the child, unless both parties agree inwriting to waive the disclosure of full names and addresses.
4. Any financial agreement or exchange of property among the parties and anyfees charged or paid for services related to the placement or adoption of thechild have been disclosed to the court and that all parties understand thatno binding contract regarding placement or adoption of the child exists.
5. There has been no violation of the provisions of § 63.2-1218 in connectionwith the placement; however, if it appears there has been such violation, thecourt shall not reject consent of the birth parent to the adoption for thatreason alone but shall report the alleged violation as required by §63.2-1219.
6. A licensed or duly authorized child-placing agency has conducted a homestudy of the prospective adoptive home in accordance with regulationsestablished by the Board and has provided to the court a report of such homestudy, which shall contain the agency's recommendation regarding thesuitability of the placement. A married couple or an unmarried individualshall be eligible to receive placement of a child for adoption.
7. The birth parent(s) have been informed of their opportunity to berepresented by legal counsel.
B. The juvenile and domestic relations district court shall not accept theconsent if the requirements of subsection A have not been met. In such cases,it shall refer the birth parent to a licensed or duly authorizedchild-placing agency for investigation and recommendation in accordance with§§ 63.2-1208 and 63.2-1238. If the juvenile and domestic relations districtcourt determines that any of the parties is financially unable to obtain therequired services, it shall refer the matter to the local director.
C. In cases in which a birth parent who resides in the Commonwealth placeshis child for adoption with adoptive parents in another state and the laws ofthat receiving state govern the proceeding for adoption, the birth parent mayelect to waive the execution of consent pursuant to § 63.2-1233 and insteadexecute consent to the adoption pursuant to the laws of the receiving state.Any waiver of consent made pursuant to this subsection shall be made underoath and in writing, and shall expressly state that the birth parent hasreceived independent legal counsel from an attorney licensed in theCommonwealth of Virginia advising him of the laws of the Commonwealth, thelaws of the receiving state pursuant to which he elects to consent to theadoption, and the effects of his waiver of consent pursuant to § 63.2-1233and election to consent pursuant to the laws of the receiving state. Anywaiver of consent and election to consent pursuant to the laws of a receivingstate shall include the name, address, and telephone number of such legalcounsel. Failure to comply with this section shall render a waiver of consentpursuant to § 63.2-1233 and election to consent pursuant to the laws of thereceiving state as authorized by this subsection invalid.
(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, § 63.1-219.39; 2002, c.747; 2006, cc. 654, 825, 848; 2010, c. 276.)
