Virginia Adoption
Virginia permits the following types of adoptions in addition to public adoptions:
Adoption Type |
Yes/No |
Private Agency |
Yes |
Private Attorney |
Yes |
Independent |
Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
Public
Public Adoptive Placement-Requirements:
Adoption Assistance
Adoption assistance payments begin:
- At the time the child is placed
Sending State Adoption Subsidy Payments (Guidelines):
Special Needs
Virginia definition of "Special Needs":
Section 63.2-1300, Code of Virginia. A “child with special needs” shall mean any child (I) in the custody of a local board of social services which has the authority to place the child for adoption and consent thereto....or (ii) in the custody of a licensed child placing agency.....
has at least one of the following individual characteristics that make the child hard to place: a physical, mental, or emotional disability existing before legal adoption; a hereditary, congenital problem or birth injury that could lead to a future disability; being six years of age or older; being a member of a minority or mixed racial heritage; being a member of a sibling group that is ready for placement at the same time and that should not be separated; or having significant emotional ties with the foster parents with whom the child has resided for at least 12 months, when the adoption is in the best interest of the child and when the subsidy is necessary to consummate the adoption by these foster parents.
Use the above criteria only when one of the other individual characteristics does not apply. A child whose only individual characteristic is emotional ties must be provided with a state subsidy agreement, rather than a IV-E subsidy agreement, even if child is IV-E eligible.
Finalization
Adoption may be finalized in another state:
Before finalization can occur in Virginia, child must be in adoptive placement:
Statutory code/cite for Adoption Petition:
Court Jurisdiction for Adoption Cases:
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies: