Most adoptions are uncontested and the process is very straightforward. However, the adoption process can be contested at any stage of the proceedings. This happens most frequently when a natural parent is asked to give consent and refuses to do so. There are also instances in which a party attempts to revoke a consent he or she already gave. There are also very limited situations in which a party can contest an adoption after it already took place. In these cases, the matter must be litigated in court.
Stepparent Adoption
Stepparent adoption is the most common form of adoption. It occurs when the parent of a child or children marries, and the new spouse adopts the child or children as his or her own. The first step in the process is to determine whether the biological mother or father will consent to the adoption. If so, his or her consent is required to be in writing. In Virginia, a party who consents to the adoption of their child by a stepparent permanently forfeits and severs his or her parental relationship to the child. He or she is no longer entitled to legal or physical custodial rights or visitation with the child. However, following a stepparent adoption, the biological parent relinquishing his or her rights no longer has a responsibility to pay child support or otherwise to support the child financially.
In the event that the non-custodial biological parent refuses to consent to stepparent adoption, the stepparent seeking to adopt the child may request a hearing on the issue before a judge. Their attorney will present evidence and argument at the hearing on their behalf in an effort to prove that the adoption would be in the best interests of the child. However, if the non-custodial parent has an ongoing beneficial relationship with the child, courts are very reluctant to grant a stepparent adoption. Also, when the child to be adopted is over 14 years of age, his or her written consent is a prerequisite to processing the adoption.
Agency and Parental Placement Adoption
In agency adoption, a birth parent executes a document entitled “Entrustment Agreement” with a recognized adoption agency. The agency then places the child with prospective adoptive parents.
In parental placement adoption, a birth parent contracts directly with a person or couple for adoption.
Processing either of these types of adoptions is very technical. The court is especially concerned that all parties completely understand adoption alternatives and that the needs of the child are independently represented. The court may appoint an attorney, referred to as a guardian ad litem, whose role in the adoption is to examine the child and make recommendations in the child's best interests.
An adoptive parent is often required to do a home study as a prerequisite to these types of adoptions. These are generally administered by the County.
Adult Adoption
An adult adoption occurs when the person being adopted is over the age of 18. Adult adoptions usually involve older stepchildren or relatives with few other family members. They are usually done so that the younger adult can eventually inherit from the adoptive parent. The court requires that there be a long-standing familial relationship between the parties before an adult adoption is granted.
Foreign Adoption
Foreign adoptions are growing in popularity. In some situations, the adoption itself takes place in the foreign country and is merely ratified in Virginia, so that the child may get a U.S. birth certificate, Social Security Number, etc. In certain foreign adoptions, a mere ratification of the foreign adoption will not suffice and a formal Virginia adoption must be processed.
Shoun, Bach, Walinsky & Curran, P.C. attorneys are experienced and knowledgeable in the processing of each of these types of adoption.