A Complete Guide to Adoption in Virginia

If you’re wondering how to adopt in Virginia, you’ve come to the right place. 

Old Dominion is a welcoming state for adoption, and the state’s Department of Social Services emphasizes that individuals from any background are encouraged to adopt children within the state. 

This page is a comprehensive resource, covering everything from Virginia adoption laws to how to find an agency in your area. We also delve into birth mother rights, pathways to adoption, and foster care throughout the state. 

Virginia Adoption Laws at a Glance

Below is a quick overview of basic Virginia adoption laws:

Who Can Adopt	Anyone over 18 who is prepared to commit to a child for life is eligible to adopt in Virginia.
Residency Requirements	You can apply to adopt in Virginia from a different state if you complete an approved home study in your home state.
Marital Status	Marital status does not play a role in being eligible to adopt in Virginia.
Birth Mother Consent	Birth mothers in Virginia cannot give consent for adoption until their children are at least three days old.
Revocation Period	Birth parents can revoke consent for adoption before their child turns 10 days old and seven days have passed from giving consent.
Birth Father Rights	Non-acknowledged birth fathers can protect their parental rights if they register with the Virginia Birth Father Registry within 10 days of their child’s birth.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified Virginia adoption attorney for legal advice.

Paths to Adopting a Child in Virginia

If you’re interested in adopting in Virginia, there are three main options you can choose from.  

Private Infant Adoption

Private infant adoption is the pathway with which people are most familiar. In general, private infant adoption involves a match between adoptive parents and a birth family through a licensed child-placing agency. Virginia maintains a directory of the state’s licensed child-placing agencies organized by area. 

The process for prospective adoptive families typically involves an initial consultation followed by filling out an application, then going through pre-service training, criminal background checks, and the home study process. 

In most situations, hopeful adoptive families then create a family profile with their agency. Birth mothers are able to view these profiles and then choose a family for their child. 

Adopting from Foster Care

Adopting from foster care is another common pathway – during the 2023 fiscal year, more than 50,000 children were adopted from the foster care system nationwide. 

In all states, including Virginia, the main goal of the foster care system is to eventually reunite children with their birth families. Foster parents can provide a loving, stable, but usually temporary home during an often turbulent period of these children’s lives. 

However, in some cases, reunification isn’t possible and the state terminates birth parents’ parental rights or birth parents voluntarily renounce these rights. In these situations, children in the foster care system become eligible for adoption. 

We take a deeper look at the foster to adopt pathway later in this guide. 

Stepparent or Relative Adoption

Stepparent or relative adoptions involve adopting the child of a spouse or a family member. This type of adoption is easiest if the other birth parent (the one you aren’t married to) gives their consent. If they don’t give their consent, the adoption might still be possible if the local court rules that it is in the child’s best interest. In either case, the adoption ultimately involves the termination of parental rights of one biological parent.

As is true in most states, Virginia’s Department of Social Services doesn’t directly manage stepparent or relative adoptions unless children are in the custody of Social Services. These adoptions are managed either by a private licensed child-placing agency or adoption attorney.

A Deeper Look at Virginia Adoption Laws

Beyond the basics we covered earlier, here’s more in-depth information at Virginia adoption laws. 

Who is Eligible to Adopt in Virginia?

Anyone who is at least 18 years old and can make a lifelong commitment to a child is eligible to adopt in Virginia. Virginia law also says that prospective adoptive parents must be “financially able, morally suitable, and in satisfactory physical and mental health to care for the child.”

According to the Virginia Department of Social Services, prospective adoptive parents can be single, divorced, married, or widowed. The state also does not discriminate in adoptions based on factors like sexual orientation, race, or domestic partnership status. 

In addition to meeting these requirements, prospective adoptive parents in Virginia must complete pre-service training before completing the process. State law lists 22 core competencies that this training must cover, including the following:

• Factors that contribute to a safe home and community environment that allows children to thrive 
• Details related to what leads to and constitutes neglect, emotional maltreatment, physical abuse, and sexual abuse
• The basics of human growth and development
• The process — both legal and social — of adoption and its implications 

Birth Parent Consent in Virginia

By Virginia law, a birth mother cannot give her consent to an adoption and to terminate her parental rights until her child is three days old. After that, she has the ability to revoke her consent within seven days. 

To exercise his parental rights and stay informed about the adoption, non-acknowledged birth fathers must register with the Virginia Birth Father registry within 10 days of their child’s birth. If he is acknowledged, he can come to court to terminate parental rights, sign his consent forms out of court, or sign a denial of paternity. 

The Home Study Process

All prospective adoptive parents in Virginia must complete a home study process. 

Your home must have enough space and furnishings for each child you plan to adopt. This requirement means heating in the winter, good ventilation, appropriate lighting, and a working phone and smoke detector. The house must also be free of debris and litter, and firearms and ammo must be stored securely. 

Children over two cannot share a bed, and children of opposite genders over age three cannot share rooms. 

The home study itself involves a criminal background check and a child abuse and neglect registry check. All household members must pass a TB screening and submit the results of a physical from the past 13 months. 

Each prospective adoptive parent must complete three in-person interviews with a representative from a local department, including one in the home. One interview will include the entire family. Prospective adoptive parents must also submit three references and submit demographic information and financial information. 

Find Virginia Adoption Agencies and Professionals

Below is a list of child-placing agencies licensed by the Department of Social Services to operate in specific areas of Virginia. 

Statewide and National Agencies Serving Virginia

The Bair Foundation: Agency focused on foster to adopt operating out of Lynchburg, Richmond, and Virginia Beach, in addition to several other states. 

Children’s Home Society of Virginia: Based in Richmond, agency that has placed more than 17,000 children since it opened in 1900. 

Shineforth: Administers adoptions throughout Virginia through partnerships with national agencies. 

Virginia Department of Social Services: Official state agency for adoptions – photo listings are through AdoptUSKids. 

Richmond Area Agencies

Jewish Family Services: Employs a small staff of social workers to facilitate adoptions, especially LGBTQ+ adoptions, in Richmond. 

Virginia Beach Area Agencies

Catholic Charities of Eastern Virginia: Faith-based agency operating out of Norfolk that facilitates adoptions throughout Eastern Virginia. 

Wishing Well Adoption and Family Services: Private agency that provides home studies, post-placement supervision, adoptive family training, and birth parent counseling. 

Virginia Adoption Agencies

Many prospective adoptive families in Virginia opt to hire an attorney to help them navigate the legal process around adoptions. The Virginia directory from the American Academy of Adoption & Assisted Reproduction Attorneys is a good place to get started.  

Adopting from Foster Care in Virginia

According to the Virginia Department of Social Services – the state’s primary public agency in charge of foster care and adoption – there are currently 4,700 children in Virginia’s foster care system. Approximately 1,800 of those children are eligible for and waiting for adoption. 

You can meet some of these children through a link on the department’s website. 

As we mentioned above, the primary goal of the foster care system in Virginia is always to eventually reunite children with their birth parents. The state needs caring foster parents to provide temporary, loving housing in these situations. Here are the requirements to become a foster parent in Virginia:

• Be at least 21 years old
• Be financially stable
• Have space in your home for a child
• Pass criminal background checks
• Complete online training
• Complete a home study

In some cases, the state determines that reunification with their birth parents is not in the child’s best interest. In those situations, after the state has terminated birth parents’ parental rights, foster parents may be able to adopt foster children.

The child-placing agency with custody of the child can consent to an adoption after the child has lived in their foster home for at least six continuous months. If the agency does not consent, the court may still grant the adoption if the child has lived in the foster home for 18 straight months. The court may also eliminate visiting/home study requirements if it determines the adoption is in the child’s best interest. 

Start your adoption journey today by visiting AdoptionVA’s website. 

Resources for Expectant Parents in Virginia

Placing a child for adoption is one of the most difficult decisions that a birth mother can make. Just know that you aren’t alone, and there are plenty of resources available in Virginia to help you make that decision and create an adoption plan. 

Several agencies and nonprofits throughout the state provide support for expectant parents. For example, Cradle of Hope in Tysons Corner provides comprehensive support throughout the process, including medical services, a social worker, and counseling and financial support once your child is born. LifeLong Adoptions, a national agency, can help you make a comprehensive adoption plan. 

BirthMom Buds is a national nonprofit support group for birth parents that can help you join a community of people experiencing the same process and emotions. 

Remember, you must wait until your child is three days old before you can consent to terminate your parental rights and agree to an adoption. After giving your consent, you’ll still have seven days to change your mind and revoke that consent.