§ 63.2-1233. Consent to be executed in juvenile and domestic relationsdistrict court; exceptions.
When the juvenile and domestic relations district court is satisfied that allrequirements of § 63.2-1232 have been met with respect to at least one birthparent and the adoptive child is at least in the third calendar day of life,that birth parent or both birth parents, as the case may be, shall executeconsent to the proposed adoption in compliance with the provisions of §63.2-1202 while before the juvenile and domestic relations district court inperson and in the presence of the prospective adoptive parents. The juvenileand domestic relations district court shall accept the consent of the birthparent(s) and transfer custody of the child to the prospective adoptiveparents, pending notification to any nonconsenting birth parent, as describedhereinafter.
1. a. The execution of consent before the juvenile and domestic relationsdistrict court shall not be required of a birth father if the birth fatherconsents under oath and in writing to the adoption.
b. The consent of a birth father who is not married to the mother of thechild at the time of the child's conception or birth shall not be required ifthe putative father named by the birth mother denies under oath and inwriting the paternity of the child or if the putative father did not registerwith the Putative Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.)of this chapter. If the identity of the birth father is reasonablyascertainable, but the whereabouts of the birth father are not reasonablyascertainable, verification of compliance with the Putative Father Registryshall be provided to the court.
c. When a birth father is required to be given notice, he may be given noticeof the adoption by registered or certified mail to his last known address andif he fails to object to the adoption within 15 days of the mailing of suchnotice, his consent shall not be required. An objection shall be in writing,signed by the objecting party or counsel of record for the objecting partyand shall be filed with the clerk of the juvenile and domestic relationsdistrict court in which the petition was filed during the business day of thecourt, within the time period specified in this section. When no timelyobjection is filed, no hearing on this issue is required. Failure of theobjecting party to appear at any scheduled hearing, either in person or bycounsel, shall constitute a waiver of such objection.
d. The juvenile and domestic relations district court may accept the writtenconsent of the birth father at the time of the child's conception or birth,provided that his identifying information required in § 63.2-1232 is filed inwriting with the juvenile and domestic relations district court ofjurisdiction. Such consent shall advise the birth father of his opportunityfor legal representation, shall identify the court in which the case was oris intended to be filed, and shall be presented to the juvenile and domesticrelations district court for acceptance. The consent may waive further noticeof the adoption proceedings and shall contain the name, address and telephonenumber of the birth father's legal counsel or an acknowledgment that he wasinformed of his opportunity to be represented by legal counsel and declinedsuch representation. For good cause shown, the court may dispense with therequirements regarding the filing of the birth father's identifyinginformation pursuant to this subdivision 1. d.
e. In the event that the birth mother's consent is not executed in thejuvenile and domestic relations district court, the consent of the birthfather shall be executed in the juvenile and domestic relations districtcourt.
f. A child born to a married birth mother shall be presumed to be the childof her husband and his consent shall be required, unless the court finds thatthe father's consent is withheld contrary to the best interests of the childas provided in § 63.2-1205 or if his consent is unobtainable. The consent ofsuch presumed father shall be under oath and in writing and may be executedin or out of court. The presumption that the husband is the father of thechild may be rebutted by sufficient evidence, satisfactory to the juvenileand domestic relations district court, which would establish by apreponderance of the evidence the paternity of another man or theimpossibility or improbability of cohabitation of the birth mother and herhusband for a period of at least 300 days preceding the birth of the child,in which case the husband's consent shall not be required. The executeddenial of paternity by the putative father shall be sufficient to rebut thepresumption that he is the father of the child. If the court is satisfiedthat the presumption has been rebutted, notice of the adoption shall not berequired to be given to the presumed father.
2. After the application of the provisions of subdivision 1, if a birthparent is entitled to a hearing, the birth parent shall be given notice ofthe date and location of the hearing and be given the opportunity to appearbefore the juvenile and domestic relations district court. Such hearing mayoccur subsequent to the proceeding wherein the consenting birth parentappeared but may not be held until 15 days after personal service of noticeon the nonconsenting birth parent, or if personal service is unobtainable, 10days after the completion of the execution of an order of publication againstsuch birth parent. The juvenile and domestic relations district court mayappoint counsel for the birth parent(s). If the juvenile and domesticrelations district court finds that consent is withheld contrary to the bestinterests of the child, as set forth in § 63.2-1205, or is unobtainable, itmay grant the petition without such consent and enter an order waiving therequirement of consent of the nonconsenting birth parent and transferringcustody of the child to the prospective adoptive parents. No further consentor notice shall be required of a birth parent who fails to appear at anyscheduled hearing, either in person or by counsel. If the juvenile anddomestic relations district court denies the petition, the juvenile anddomestic relations district court shall order that any consent given for thepurpose of such placement shall be void and, if necessary, the court shalldetermine custody of the child as between the birth parents.
3. Except as provided in subdivisions 4 and 5, if consent cannot be obtainedfrom at least one birth parent, the juvenile and domestic relations districtcourt shall deny the petition and determine custody of the child pursuant to§ 16.1-278.2.
4. If a child has been under the physical care and custody of the prospectiveadoptive parents and if both birth parents have failed, without good cause,to appear at a hearing to execute consent under this section for which theywere given proper notice pursuant to § 16.1-264, the juvenile and domesticrelations district court may grant the petition without the consent of eitherbirth parent and enter an order waiving consent and transferring custody ofthe child to the prospective adoptive parents. Prior to the entry of such anorder, the juvenile and domestic relations district court may appoint legalcounsel for the birth parents and shall find by clear and convincing evidence(i) that the birth parents were given proper notice of the hearing(s) toexecute consent and of the hearing to proceed without their consent; (ii)that the birth parents failed to show good cause for their failure to appearat such hearing(s); and (iii) that pursuant to § 63.2-1205, the consent ofthe birth parents is withheld contrary to the best interests of the child oris unobtainable. Under this subdivision, the court or the parties may waivethe requirement of the simultaneous meeting under § 63.2-1231 and therequirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232 where theopportunity for compliance is not reasonably available under the applicablecircumstances.
5. If both birth parents are deceased, the juvenile and domestic relationsdistrict court, after hearing evidence to that effect, may grant the petitionwithout the filing of any consent.
6. No consent shall be required from the birth father of a child placedpursuant to this section when such father is convicted of a violation ofsubsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or anequivalent offense of another state, the United States, or any foreignjurisdiction, and the child was conceived as a result of such violation, norshall the birth father be entitled to notice of any of the proceedings underthis section.
7. 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 the respect to the adoption of the child and cannot bewithdrawn.
8. A birth father may consent to the adoption prior to the birth of the child.
9. The juvenile and domestic relations district court shall review each orderentered under this section at least annually until such time as the finalorder of adoption is entered.
10. When there has been an interstate transfer of the child in a parentalplacement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) ofthis title, all matters relating to the adoption of the child including, butnot limited to, custody and parentage shall be determined in the court ofappropriate jurisdiction in the state that was approved for finalization ofthe adoption by the interstate compact authorities.
(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, § 63.1-219.40; 2002, c.747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805.)
§ 63.2-1233. Consent to be executed in juvenile and domestic relationsdistrict court; exceptions.
When the juvenile and domestic relations district court is satisfied that allrequirements of § 63.2-1232 have been met with respect to at least one birthparent and the adoptive child is at least in the third calendar day of life,that birth parent or both birth parents, as the case may be, shall executeconsent to the proposed adoption in compliance with the provisions of §63.2-1202 while before the juvenile and domestic relations district court inperson and in the presence of the prospective adoptive parents. The juvenileand domestic relations district court shall accept the consent of the birthparent(s) and transfer custody of the child to the prospective adoptiveparents, pending notification to any nonconsenting birth parent, as describedhereinafter.
1. a. The execution of consent before the juvenile and domestic relationsdistrict court shall not be required of a birth father if the birth fatherconsents under oath and in writing to the adoption.
b. The consent of a birth father who is not married to the mother of thechild at the time of the child's conception or birth shall not be required ifthe putative father named by the birth mother denies under oath and inwriting the paternity of the child or if the putative father did not registerwith the Putative Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.)of this chapter. If the identity of the birth father is reasonablyascertainable, but the whereabouts of the birth father are not reasonablyascertainable, verification of compliance with the Putative Father Registryshall be provided to the court.
c. When a birth father is required to be given notice, he may be given noticeof the adoption by registered or certified mail to his last known address andif he fails to object to the adoption within 15 days of the mailing of suchnotice, his consent shall not be required. An objection shall be in writing,signed by the objecting party or counsel of record for the objecting partyand shall be filed with the clerk of the juvenile and domestic relationsdistrict court in which the petition was filed during the business day of thecourt, within the time period specified in this section. When no timelyobjection is filed, no hearing on this issue is required. Failure of theobjecting party to appear at any scheduled hearing, either in person or bycounsel, shall constitute a waiver of such objection.
d. The juvenile and domestic relations district court may accept the writtenconsent of the birth father at the time of the child's conception or birth,provided that his identifying information required in § 63.2-1232 is filed inwriting with the juvenile and domestic relations district court ofjurisdiction. Such consent shall advise the birth father of his opportunityfor legal representation, shall identify the court in which the case was oris intended to be filed, and shall be presented to the juvenile and domesticrelations district court for acceptance. The consent may waive further noticeof the adoption proceedings and shall contain the name, address and telephonenumber of the birth father's legal counsel or an acknowledgment that he wasinformed of his opportunity to be represented by legal counsel and declinedsuch representation. For good cause shown, the court may dispense with therequirements regarding the filing of the birth father's identifyinginformation pursuant to this subdivision 1. d.
e. In the event that the birth mother's consent is not executed in thejuvenile and domestic relations district court, the consent of the birthfather shall be executed in the juvenile and domestic relations districtcourt.
f. A child born to a married birth mother shall be presumed to be the childof her husband and his consent shall be required, unless the court finds thatthe father's consent is withheld contrary to the best interests of the childas provided in § 63.2-1205 or if his consent is unobtainable. The consent ofsuch presumed father shall be under oath and in writing and may be executedin or out of court. The presumption that the husband is the father of thechild may be rebutted by sufficient evidence, satisfactory to the juvenileand domestic relations district court, which would establish by apreponderance of the evidence the paternity of another man or theimpossibility or improbability of cohabitation of the birth mother and herhusband for a period of at least 300 days preceding the birth of the child,in which case the husband's consent shall not be required. The executeddenial of paternity by the putative father shall be sufficient to rebut thepresumption that he is the father of the child. If the court is satisfiedthat the presumption has been rebutted, notice of the adoption shall not berequired to be given to the presumed father.
2. After the application of the provisions of subdivision 1, if a birthparent is entitled to a hearing, the birth parent shall be given notice ofthe date and location of the hearing and be given the opportunity to appearbefore the juvenile and domestic relations district court. Such hearing mayoccur subsequent to the proceeding wherein the consenting birth parentappeared but may not be held until 15 days after personal service of noticeon the nonconsenting birth parent, or if personal service is unobtainable, 10days after the completion of the execution of an order of publication againstsuch birth parent. The juvenile and domestic relations district court mayappoint counsel for the birth parent(s). If the juvenile and domesticrelations district court finds that consent is withheld contrary to the bestinterests of the child, as set forth in § 63.2-1205, or is unobtainable, itmay grant the petition without such consent and enter an order waiving therequirement of consent of the nonconsenting birth parent and transferringcustody of the child to the prospective adoptive parents. No further consentor notice shall be required of a birth parent who fails to appear at anyscheduled hearing, either in person or by counsel. If the juvenile anddomestic relations district court denies the petition, the juvenile anddomestic relations district court shall order that any consent given for thepurpose of such placement shall be void and, if necessary, the court shalldetermine custody of the child as between the birth parents.
3. Except as provided in subdivisions 4 and 5, if consent cannot be obtainedfrom at least one birth parent, the juvenile and domestic relations districtcourt shall deny the petition and determine custody of the child pursuant to§ 16.1-278.2.
4. If a child has been under the physical care and custody of the prospectiveadoptive parents and if both birth parents have failed, without good cause,to appear at a hearing to execute consent under this section for which theywere given proper notice pursuant to § 16.1-264, the juvenile and domesticrelations district court may grant the petition without the consent of eitherbirth parent and enter an order waiving consent and transferring custody ofthe child to the prospective adoptive parents. Prior to the entry of such anorder, the juvenile and domestic relations district court may appoint legalcounsel for the birth parents and shall find by clear and convincing evidence(i) that the birth parents were given proper notice of the hearing(s) toexecute consent and of the hearing to proceed without their consent; (ii)that the birth parents failed to show good cause for their failure to appearat such hearing(s); and (iii) that pursuant to § 63.2-1205, the consent ofthe birth parents is withheld contrary to the best interests of the child oris unobtainable. Under this subdivision, the court or the parties may waivethe requirement of the simultaneous meeting under § 63.2-1231 and therequirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232 where theopportunity for compliance is not reasonably available under the applicablecircumstances.
5. If both birth parents are deceased, the juvenile and domestic relationsdistrict court, after hearing evidence to that effect, may grant the petitionwithout the filing of any consent.
6. No consent shall be required from the birth father of a child placedpursuant to this section when such father is convicted of a violation ofsubsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or anequivalent offense of another state, the United States, or any foreignjurisdiction, and the child was conceived as a result of such violation, norshall the birth father be entitled to notice of any of the proceedings underthis section.
7. 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 the respect to the adoption of the child and cannot bewithdrawn.
8. A birth father may consent to the adoption prior to the birth of the child.
9. The juvenile and domestic relations district court shall review each orderentered under this section at least annually until such time as the finalorder of adoption is entered.
10. When there has been an interstate transfer of the child in a parentalplacement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) ofthis title, all matters relating to the adoption of the child including, butnot limited to, custody and parentage shall be determined in the court ofappropriate jurisdiction in the state that was approved for finalization ofthe adoption by the interstate compact authorities.
(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, § 63.1-219.40; 2002, c.747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805.)
§ 63.2-1233. Consent to be executed in juvenile and domestic relationsdistrict court; exceptions.
When the juvenile and domestic relations district court is satisfied that allrequirements of § 63.2-1232 have been met with respect to at least one birthparent and the adoptive child is at least in the third calendar day of life,that birth parent or both birth parents, as the case may be, shall executeconsent to the proposed adoption in compliance with the provisions of §63.2-1202 while before the juvenile and domestic relations district court inperson and in the presence of the prospective adoptive parents. The juvenileand domestic relations district court shall accept the consent of the birthparent(s) and transfer custody of the child to the prospective adoptiveparents, pending notification to any nonconsenting birth parent, as describedhereinafter.
1. a. The execution of consent before the juvenile and domestic relationsdistrict court shall not be required of a birth father if the birth fatherconsents under oath and in writing to the adoption.
b. The consent of a birth father who is not married to the mother of thechild at the time of the child's conception or birth shall not be required ifthe putative father named by the birth mother denies under oath and inwriting the paternity of the child or if the putative father did not registerwith the Putative Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.)of this chapter. If the identity of the birth father is reasonablyascertainable, but the whereabouts of the birth father are not reasonablyascertainable, verification of compliance with the Putative Father Registryshall be provided to the court.
c. When a birth father is required to be given notice, he may be given noticeof the adoption by registered or certified mail to his last known address andif he fails to object to the adoption within 15 days of the mailing of suchnotice, his consent shall not be required. An objection shall be in writing,signed by the objecting party or counsel of record for the objecting partyand shall be filed with the clerk of the juvenile and domestic relationsdistrict court in which the petition was filed during the business day of thecourt, within the time period specified in this section. When no timelyobjection is filed, no hearing on this issue is required. Failure of theobjecting party to appear at any scheduled hearing, either in person or bycounsel, shall constitute a waiver of such objection.
d. The juvenile and domestic relations district court may accept the writtenconsent of the birth father at the time of the child's conception or birth,provided that his identifying information required in § 63.2-1232 is filed inwriting with the juvenile and domestic relations district court ofjurisdiction. Such consent shall advise the birth father of his opportunityfor legal representation, shall identify the court in which the case was oris intended to be filed, and shall be presented to the juvenile and domesticrelations district court for acceptance. The consent may waive further noticeof the adoption proceedings and shall contain the name, address and telephonenumber of the birth father's legal counsel or an acknowledgment that he wasinformed of his opportunity to be represented by legal counsel and declinedsuch representation. For good cause shown, the court may dispense with therequirements regarding the filing of the birth father's identifyinginformation pursuant to this subdivision 1. d.
e. In the event that the birth mother's consent is not executed in thejuvenile and domestic relations district court, the consent of the birthfather shall be executed in the juvenile and domestic relations districtcourt.
f. A child born to a married birth mother shall be presumed to be the childof her husband and his consent shall be required, unless the court finds thatthe father's consent is withheld contrary to the best interests of the childas provided in § 63.2-1205 or if his consent is unobtainable. The consent ofsuch presumed father shall be under oath and in writing and may be executedin or out of court. The presumption that the husband is the father of thechild may be rebutted by sufficient evidence, satisfactory to the juvenileand domestic relations district court, which would establish by apreponderance of the evidence the paternity of another man or theimpossibility or improbability of cohabitation of the birth mother and herhusband for a period of at least 300 days preceding the birth of the child,in which case the husband's consent shall not be required. The executeddenial of paternity by the putative father shall be sufficient to rebut thepresumption that he is the father of the child. If the court is satisfiedthat the presumption has been rebutted, notice of the adoption shall not berequired to be given to the presumed father.
2. After the application of the provisions of subdivision 1, if a birthparent is entitled to a hearing, the birth parent shall be given notice ofthe date and location of the hearing and be given the opportunity to appearbefore the juvenile and domestic relations district court. Such hearing mayoccur subsequent to the proceeding wherein the consenting birth parentappeared but may not be held until 15 days after personal service of noticeon the nonconsenting birth parent, or if personal service is unobtainable, 10days after the completion of the execution of an order of publication againstsuch birth parent. The juvenile and domestic relations district court mayappoint counsel for the birth parent(s). If the juvenile and domesticrelations district court finds that consent is withheld contrary to the bestinterests of the child, as set forth in § 63.2-1205, or is unobtainable, itmay grant the petition without such consent and enter an order waiving therequirement of consent of the nonconsenting birth parent and transferringcustody of the child to the prospective adoptive parents. No further consentor notice shall be required of a birth parent who fails to appear at anyscheduled hearing, either in person or by counsel. If the juvenile anddomestic relations district court denies the petition, the juvenile anddomestic relations district court shall order that any consent given for thepurpose of such placement shall be void and, if necessary, the court shalldetermine custody of the child as between the birth parents.
3. Except as provided in subdivisions 4 and 5, if consent cannot be obtainedfrom at least one birth parent, the juvenile and domestic relations districtcourt shall deny the petition and determine custody of the child pursuant to§ 16.1-278.2.
4. If a child has been under the physical care and custody of the prospectiveadoptive parents and if both birth parents have failed, without good cause,to appear at a hearing to execute consent under this section for which theywere given proper notice pursuant to § 16.1-264, the juvenile and domesticrelations district court may grant the petition without the consent of eitherbirth parent and enter an order waiving consent and transferring custody ofthe child to the prospective adoptive parents. Prior to the entry of such anorder, the juvenile and domestic relations district court may appoint legalcounsel for the birth parents and shall find by clear and convincing evidence(i) that the birth parents were given proper notice of the hearing(s) toexecute consent and of the hearing to proceed without their consent; (ii)that the birth parents failed to show good cause for their failure to appearat such hearing(s); and (iii) that pursuant to § 63.2-1205, the consent ofthe birth parents is withheld contrary to the best interests of the child oris unobtainable. Under this subdivision, the court or the parties may waivethe requirement of the simultaneous meeting under § 63.2-1231 and therequirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232 where theopportunity for compliance is not reasonably available under the applicablecircumstances.
5. If both birth parents are deceased, the juvenile and domestic relationsdistrict court, after hearing evidence to that effect, may grant the petitionwithout the filing of any consent.
6. No consent shall be required from the birth father of a child placedpursuant to this section when such father is convicted of a violation ofsubsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or anequivalent offense of another state, the United States, or any foreignjurisdiction, and the child was conceived as a result of such violation, norshall the birth father be entitled to notice of any of the proceedings underthis section.
7. 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 the respect to the adoption of the child and cannot bewithdrawn.
8. A birth father may consent to the adoption prior to the birth of the child.
9. The juvenile and domestic relations district court shall review each orderentered under this section at least annually until such time as the finalorder of adoption is entered.
10. When there has been an interstate transfer of the child in a parentalplacement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) ofthis title, all matters relating to the adoption of the child including, butnot limited to, custody and parentage shall be determined in the court ofappropriate jurisdiction in the state that was approved for finalization ofthe adoption by the interstate compact authorities.
(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, § 63.1-219.40; 2002, c.747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805.)
