Adopt an Infant in Virginia: Complete Guide 2026

Contents

Making Your Family Dream a Reality

Adopting an infant in Virginia is an emotionally rewarding journey that transforms lives—both for the child and the family welcoming them home. Whether you’re considering domestic infant adoption, parental placement, or exploring other pathways to parenthood, Virginia’s adoption process is designed to protect the best interests of the child while supporting adoptive families every step of the way.

This comprehensive guide walks you through everything you need to know about infant adoption in Virginia, from understanding the legal framework and eligibility requirements to navigating costs, timelines, and the critical role adoption agencies play in the process. By the end of this guide, you’ll have the knowledge to confidently move forward with your adoption plan.

Understanding Virginia’s Two Types of Adoptive Placements

Virginia law recognizes two primary pathways for infant adoption, each with distinct procedures and requirements.

Agency Placements

Agency placements occur when a licensed child-placing agency or local department of social services handles the adoption. The agency takes custody of the infant through a parental agreement or court commitment, giving them the authority to place the child with adoptive families. This pathway is common for foster care adoptions and some infant adoptions involving agency-facilitated placements.

Non-Agency (Parental) Placements

In parental placements, the birth parent(s) directly place their infant with adoptive families without agency involvement. This category includes independent adoptions, stepparent adoptions, and relative adoptions. A licensed home study agency provides the required home study, but the birth parents maintain more direct control over family selection.

The Virginia Infant Adoption Process: 9 Essential Steps

The path to bringing an infant home involves a structured process designed to ensure proper preparation, legal compliance, and the child’s wellbeing. Here’s what to expect:

Step 1: Initial Contact and Decision-Making

Begin by contacting adoption professionals to discuss your goals and preferences. This might involve speaking with adoption agencies, attorneys specializing in family law, or your local department of social services. During this phase, you’ll learn about adoption types, costs, timelines, and agency options.

Timeline: 1-2 weeks

Action Items:

Research local and national adoption agencies
Schedule initial consultations with at least 2-3 agencies
Understand agency fees and service offerings
Ask about their experience with infant adoptions

Step 2: Pre-Adoption Education and Orientation

Virginia requires pre-adoption training for families pursuing infant adoption through agencies. This educational program—typically 28-30 hours of instruction—covers adoption fundamentals, child development, attachment, trauma-informed parenting, and realistic expectations.

Many agencies offer these courses online or in-person and include topics such as:

Understanding adoption and the adoption triad (adoptive parents, birth parents, adoptee)
Attachment and bonding dynamics
Common behavioral and emotional challenges
Post-adoption support resources
Open adoption practices

Timeline: 2-8 weeks (depending on course format and your schedule)

Cost: $300-$650 (varies by provider)

Step 3: Application and Documentation

Submit a formal application to your chosen agency or attorney. Required documents typically include:

Completed application form
Proof of identity (driver’s license, passport)
Marriage certificate (if applicable)
Financial documents (pay stubs, tax returns, bank statements)
Medical records and physical examination results
References (personal and professional)
Background check authorization forms
Criminal history clearance forms

Timeline: 1-2 weeks for compilation; processing takes 2-4 weeks

Step 4: Home Study: The Mutual Assessment Process

The home study is one of the most critical components of adoption and is legally required in Virginia. Conducted by a licensed social worker, the home study serves as a mutual assessment—evaluating your readiness to parent while helping match you with a child suited to your family’s strengths.

What the Home Study Includes

Personal Interviews (3+ face-to-face meetings):

At least one joint interview with both applicants (if applicable)
Individual interviews with each applicant
At least one interview conducted in your home
Interviews with all household members age 18+

Medical and Health Screening:

Physical examination within the last 13 months
Tuberculosis screening results
Mental health evaluation (if applicable)
Documentation of any chronic conditions or disabilities

Financial Assessment:

Review of income sources and stability
Analysis of assets and liabilities
Verification of health insurance coverage
Assessment of financial capacity to support a child

Home Inspection:

Physical inspection of the home’s safety and adequacy
Verification of space for the child
Assessment of neighborhood safety
Utility and sanitation checks

Reference Verification:

Minimum three personal or professional references
At least one reference from a non-relative
Questions about character, experience with children, and caregiving abilities

Home Study Fee Structure

Service	Cost	Timeline
Application Fee	$500	At submission
Home Study Fee	$1,600	$800 after first interview; $800 at home visit
Home Study Update (after address change)	$500	At first interview
Home Study Update (CHS completed within 24 months)	$1,000	Payable in $500 increments

Timeline for Completion: 4-8 weeks

Home Study Validity

Once approved, your home study remains valid for 36 months. If more than 18 months pass before placement, the agency may request an updated criminal background check. Updates are significantly less expensive than initial studies.

Step 5: Matching and Selection Process

Once your home study is approved, you enter the matching phase. Depending on your adoption type:

In Agency Placements:

The agency presents available infants and children
You review photos, medical history, birth family background, and any special needs
The agency discusses which families might be best suited for each child
Mutual selection occurs—both your family and the agency determine fit

In Parental Placements:

Birth parents often select your family from profiles you’ve submitted
Websites like AdoptUSKids.org list waiting children
Birth parents may interview multiple families before deciding
Your attorney facilitates direct communication with birth parents

Timeline: 1-12 months (highly variable; matching can happen quickly or take many months)

This phase is crucial for both the infant’s wellbeing and the legal integrity of the adoption.

Virginia law requires written consent from:

The birth mother
The birth father (if he meets specific criteria)
Any child age 14 or older (for their own adoption)
The agency or guardian holding custody

A birth father must provide consent if he:

Is an acknowledged father under Virginia law
Is an adjudicated (court-determined) father
Is a presumed father (married to mother at conception or birth)
Has registered with the Virginia Birth Father Registry

A birth father’s consent is NOT required if:

He denies paternity in writing under oath
His identity is unknown or reasonably unascertainable
He was not notified despite good-faith notice attempts
He has not visited or contacted the child for 6+ months without just cause
His parental rights were previously terminated
The child was conceived through rape, statutory rape, or incest

Timing Requirements:

The infant must be at least 3 days old before consent can be executed
For parental placements, consent is executed before the juvenile and domestic relations district court
Birth parents may consent before birth (birth fathers only, under certain conditions)

Execution Requirements:

Consent must be in writing
Must be signed under oath
Must be acknowledged before an authorized officer (judge or court official)
Birth parents receive independent legal counsel (paid by adoptive parents in parental placements)

The Revocation Period

In parental placements only, birth parents have a 7-day revocation period from the date of consent execution. They can revoke consent for any reason during this window. However, this period may be waived in writing if:

The infant is at least 10 days old
The birth parent acknowledges receiving independent legal counsel about the implications of waiving the revocation period

Once 7 days pass (or the revocation period is waived), the adoption cannot be challenged based on parental consent.

Important: In agency placements, once the agency accepts the entrustment agreement, the process operates differently with different revocation timelines.

Timeline: 1-4 weeks

Costs: Adoptive parents typically cover birth parent legal counsel ($500-$1,500) and counseling services

Step 7: Placement in Your Home

Once consent is finalized and all legal requirements are met, the infant moves into your care. This is an emotional milestone—the moment your family officially begins.

Pre-Placement Logistics:

Final medical examination and records transfer
Hospital discharge planning (for newborn placements)
Agreed-upon visitation or contact arrangements (if open adoption)
Receipt of all medical, genetic, and background information

What to Prepare:

Nursery setup with safe sleeping arrangements
Infant supplies (diapers, formula, clothing)
Car seat installation (required for hospital discharge)
Medical appointments scheduled

Financial Support Available:

Some agencies provide interim care services ($100/day) if immediate placement isn’t possible
Birth parent living expenses (pre and post-placement) typically $2,000-$4,000
Medical expense coverage for birth parent prenatal, delivery, and postnatal care

Timeline: 1 week before to 1 week after placement

Step 8: Post-Placement Supervision and Reporting

Virginia law requires a minimum 6-month supervisory period following placement before the adoption can be legally finalized.

What Supervision Involves

Required Supervisory Visits:

Minimum of 3 visits by a licensed social worker
Visits typically occur at your home
Caseworker observes family interaction, infant development, and home environment
Focus on bonding, adjustment, and any support needs

Supervisory Reports:

Social worker prepares written reports for the court
Reports document progress, any concerns, and recommendations
Required before finalization petition can be granted

Post-Placement Services:

Parenting support and coaching
Resources for common adjustment challenges
Referrals to infant development specialists if needed
Connection to post-adoption support groups

Post-Placement Supervision Fees

Service	Cost
Per Supervisory Visit	$350 per child
Supervisory Visit with Separate Report	$375 per visit
Supervisory Phone Conference (with report)	$150
Supervisory Phone Conference (without report)	$50
Additional child during same visit	$200 per additional child

Timeline: 6+ months

Step 9: Court Finalization

The final step—obtaining your final order of adoption from the circuit court—makes the adoption legally permanent.

Finalization Process

Attorney-Prepared Documents:

Petition for Adoption (filed by your attorney)
Court Report from the supervising agency (recommending finalization)
Supporting documentation (medical records, consent forms, supervisory reports)

Court Hearing:

Judge reviews all documentation
May require your presence (varies by case and judge)
Brief hearing typically focused on reviewing procedural compliance
Final order entered if all requirements are satisfied

After Finalization:

Original birth certificate is sealed (in parental placements; foster care may differ)
New birth certificate issued with your names as parents
Full legal rights and responsibilities vest in you
Adoption is final and irreversible after 6 months from the order date

Finalization Costs

Service	Cost
Court Report and Supporting Documents	$250 per child
VA Court Finalization Report	$550 + $250 per additional child
Notary Finalization of Adoption	$50
Court Appearance Fee	$60/hour

Timeline: 2-4 weeks from petition filing to court hearing

Eligibility Requirements: Who Can Adopt an Infant in Virginia

Virginia adoption law is intentionally inclusive, allowing diverse families to build through adoption.

Basic Eligibility Criteria

Age Requirement:

Must be at least 18 years old
No maximum age limit (though some agencies have individual policies)

Residency:

For parental placements: Must hire a Virginia attorney to begin the legal process
For agency placements: May vary by agency

Marital Status:

Single individuals can adopt (no marital status requirement)
Married couples must be married for at least 3 years (with rare exceptions)
Divorced or previously married individuals can adopt
Same-sex couples have full adoption rights (no discrimination permitted)

Home Ownership:

You do NOT need to own a home
Renting an apartment or house is fully acceptable
Mobile homes are acceptable
Requirement: Home must be safe, clean, and provide adequate space

Income Requirements:

No specific minimum income threshold
Must demonstrate financial capacity to support the child
Income sources verified during home study
Must cover housing, food, healthcare, childcare, and other child-related expenses

Physical and Mental Health:

Must be in satisfactory physical health
Chronic or serious illness must be medically managed
Mental health conditions must be stable and documented
Must submit to physical examination within 13 months
TB screening required

Criminal Background:

No adoption permitted for individuals convicted of crimes against children
Sex-related offenses (automatically disqualifying)
Serious drug convictions may be disqualifying
Other criminal history evaluated on case-by-case basis
Background checks include state and federal screening

Employment Status:

Must be employed or have demonstrated financial stability
Self-employment, retirement income, spouse’s income all count
Stay-at-home parenting is acceptable
Must verify 2-3 years of stable employment or income

Who Can Also Adopt in Virginia

Stepparents (to stepchildren)
Close relatives (grandparents, aunts, uncles, older siblings)
Previously married individuals who stood “in loco parentis” (acted as a parent) during the marriage
Foster parents (who have had the child in their home continuously)

Understanding Virginia Adoption Costs: A Detailed Breakdown

Infant adoption costs vary significantly based on the type of adoption, agency chosen, and the services required. Here’s a comprehensive cost analysis.

Domestic Infant Adoption Sliding Scale Example

Gross Income	Initial Program Fee	Due at Placement	Total
Less than $69,999	$5,880	$10,920	$16,800
$70,000-$89,999	$6,980	$12,970	$19,950
Higher income	$8,000+	$15,000+	$23,000+

Detailed Cost Breakdown

Home Study Fees: $1,600-$2,100

Application fee: $500
Home study fee: $1,600
Update (if required): $500-$1,000

Agency Program Fees: $5,000-$15,000

Case management and coordination
Birth parent services
Counseling and support
Matching services
Administrative costs

Medical and delivery care (covered by Medicaid in many cases)
Prenatal care coordination
Hospital delivery expenses
Legal counsel for birth mother ($500-$1,500)
Living expenses during pregnancy and postpartum recovery ($2,000-$4,000)

Legal Fees: $1,500-$3,000

Attorney fees for adoption petition
Court filing fees
Document preparation
Independent counsel for birth parents ($500-$1,500)

Post-Placement Supervision: $1,050-$1,125

3 supervisory visits × $350 per visit
Court finalization report ($250)

Miscellaneous and Additional Fees: $500-$2,000

Travel and transportation
Counseling services
Intermediary services
Rush or expedited processing
Additional supervisory visits (if needed)

Total Typical Cost Range: $15,000-$35,000

Most Common Range: $20,000-$28,000

Important Cost Considerations

Parental Placement Adoptions (lowest cost):

Typically $10,000-$15,000
Birth parents select your family directly
Fewer agency services, but legal services required
Home study costs equivalent to agency adoptions

Foster Care Adoptions (free to minimal cost):

Zero cost when adopting from Virginia’s foster care system
Full post-adoption subsidies available
Monthly maintenance payments (while in foster care) continue as adoption subsidies
Significant tax credits available

Interstate Adoptions (additional costs):

ICPC (Interstate Compact on the Placement of Children) processing fee: $1,000-$1,500
Out-of-state legal coordination
Additional supervisory reporting to sending state

Financial Assistance and Tax Benefits

Federal Adoption Tax Credit:

Up to $15,950 per child (2024 limits; subject to annual adjustment)
Applies to qualified adoption expenses
Available for infant and older child adoptions
Income limitations apply (phased out at higher incomes)

Employer Adoption Benefits:

Many employers offer adoption assistance programs ($5,000-$25,000)
Check with your HR department
Some benefits are tax-free; others may be taxable

Adoption Loans and Grants:

Some organizations and churches offer low-interest adoption loans
Specialized adoption financing companies
Grant programs for prospective adoptive families

State Subsidies:

Available for special needs and older child adoptions from foster care
No state subsidy for infant domestic adoption (but federal benefits apply)

Timeline Expectations: How Long Does Infant Adoption Take?

One of the most common questions prospective parents ask is: “How long will this process take?” The honest answer: it varies significantly.

Typical Timeline: 6-18 Months

Realistic Expectations:

Fastest cases: 6-9 months (rare; typically when matched quickly with birth parents who have made final decisions)
Average cases: 12-15 months (most common timeline)
Longer cases: 18+ months (when matching takes additional time or complications arise)

Timeline by Phase

Phase	Duration	Notes
Initial contact to agency selection	2-8 weeks	Choosing the right agency is critical
Pre-adoption training	2-8 weeks	Can run concurrent with application
Application and documentation	3-6 weeks	Gathering all required documents
Home study process	4-8 weeks	3+ interviews plus home inspection
Matching and placement	1-12 months	Most variable phase
Post-placement supervision	6+ months	Minimum 6 months required by law
Finalization	2-4 weeks	Court hearing and final order

Factors Affecting Timeline

Factors That Speed Up the Process:

Choosing a highly specialized infant adoption agency (more resources, larger birth parent network)
Flexibility on infant characteristics (age at placement, medical needs, race/ethnicity)
Quick home study approval (complete documentation, responsive household members)
Birth parent decisiveness (parents who have made final decision about adoption plan)
No out-of-state complications (same-state placement faster than interstate)

Factors That Slow Down the Process:

Specific preferences about infant characteristics
Complex birth family situations (multiple birth fathers, family objections)
Incomplete initial documentation (delays home study start)
Interstate placement requirements (ICPC adds 2-6 weeks)
Birth parent revocation or delays in consent execution
Court scheduling delays
Additional supervisory requirements or concerns

Why Waiting Varies So Much

The matching phase is unpredictable because it depends entirely on:

How many birth parents your agency is working with
When birth parents make their adoption decisions
Whether birth parents’ preferences align with your family profile
How many families are waiting for placement

Some families are matched within weeks of home study approval; others wait many months. Agencies cannot predict or control when suitable matches will occur.

The Home Study: Your Foundation for Adoption Success

The home study is far more than a government requirement—it’s a comprehensive assessment that protects your family and ensures proper matching.

Why Home Study Matters

The home study serves four critical functions:

Child Safety Assessment: Ensures the home environment is safe, clean, and appropriate
Parental Readiness Evaluation: Assesses your emotional, financial, and practical readiness to parent
Matching Tool: Helps agencies match infants with families best suited to meet their needs
Legal Requirement: Legally mandated in Virginia before adoption can be finalized

Home Study Components Explained

1. Financial Assessment

The home study includes a thorough financial review to confirm you can support the child without expecting the child to support the household.

What’s Evaluated:

Stable employment history (typically 2-3 years)
Sufficient income to cover living expenses for an additional child
Health insurance availability
Emergency savings (even modest amounts demonstrate planning)
Debt levels (manageable debt okay; unmanageable debt may raise concerns)
Budget plan for adoption and post-adoption expenses

Red Flags That Might Delay Approval:

Unemployment without adequate alternative income source
Severe financial mismanagement or bankruptcies
Inadequate health insurance
Unclear income sources or unstable employment pattern

2. Medical and Health Screening

You’ll need to undergo a physical examination and submit health documentation.

Required Documents:

Physical examination report (within 13 months)
Tuberculosis test results
Immunization records
Mental health evaluation (if applicable)
Medications list (for any ongoing prescriptions)
Documentation of chronic conditions (if any)

Health Conditions That Require Explanation (but don’t automatically disqualify):

Diabetes, heart disease, or other chronic conditions (must be well-managed)
Mental health conditions (depression, anxiety—must be stable)
Prior substance abuse or addiction (must show sustained recovery)
Disabilities (must show you can parent effectively)

Conditions That Typically Prevent Approval:

Active substance abuse
Untreated serious mental illness
Severe mobility limitations affecting child safety
Contagious disease or terminal illness

3. Criminal Background Clearance

Virginia requires background checks on all household members age 18+.

Checks Include:

Virginia state criminal background check
FBI national fingerprint clearance
Child abuse/neglect registry check (Virginia and any states you’ve lived in)
Sex offender registry verification
Driving record (to assess vehicle safety if transporting children)

Automatic Disqualifications:

Sexual offenses against children
Child abuse or neglect convictions
Serious felonies involving violence

Case-by-Case Review:

Drug convictions (age, nature of charge, time elapsed, rehabilitation evidence)
Financial crimes (fraud, forgery—timing and context matter)
Domestic violence (particularly important given child safety concerns)
DUI/DWI offenses (particularly recent or multiple offenses)

Agencies may approve applicants with criminal history if sufficient time has passed, rehabilitation is demonstrated, and the offense is deemed not to pose risk to children.

4. Personal and Professional References

You’ll provide 3-5 personal references who speak to your character and suitability as a parent.

Reference Types:

Personal references: Friends, family friends, neighbors
Professional references: Current/former employers, colleagues
Non-relative requirement: At least one reference cannot be a family member
Clergy/spiritual leader: Often a strong reference for faith-based families

What References Cover:

Your character and integrity
Your experience with children (babysitting, mentoring, coaching)
Your ability to manage stress and conflict
Your stability and trustworthiness
Your patience and parenting potential

5. Home Inspection

The social worker will conduct an in-home inspection focusing on child safety and appropriateness.

Safety Requirements:

Safe sleeping arrangements for infant (crib, bassinet, or co-sleeper; never adult bed for infants under 4 months)
Safe storage of medications, chemicals, cleaning supplies
Secure firearms (if applicable) with ammunition stored separately
Water temperature safe for infants (typically <120°F)
Working smoke detectors and carbon monoxide detectors
Clear pathways and safe furniture (no unsecured furniture that could tip)
No active substance abuse or evidence of illegal activity
Appropriate indoor temperature maintenance
Safe yard (if applicable) with appropriate fencing

Space Requirements:

Safe sleeping space (can be shared with parents initially)
Safe play space
Adequate storage for infant supplies
Appropriate bathroom and kitchen access

Note: Your home doesn’t need to be perfect, spotless, or newly renovated. It needs to be safe, clean, and functional for an infant.

6. Personal Interviews

You’ll have 3+ face-to-face interviews with your social worker covering adoption readiness.

Interview Topics:

Motivation for adoption (understand why you want to adopt)
Expectations for parenting and family life
Communication style and conflict resolution
Experience with children and childcare plans
Support system (family, friends, community)
Understanding of adoption-related issues (attachment, openness, identity)
Finances and stability
Physical and mental health history
Flexibility regarding infant characteristics
Support for open adoption (if applicable)

What the Social Worker is Assessing:

Emotional maturity and stability
Realistic expectations about parenthood and adoption
Commitment to the adoption
Ability to handle challenges
Understanding of child’s needs and trauma-informed parenting
Support system adequacy

Home Study Timeline and Costs

Item	Cost	Timeline
Application	$500	At submission
Home study process	$1,600	4-8 weeks
Total	$1,600	6-10 weeks from application

After Home Study Approval

Once approved, your home study is valid for 36 months. You’re now eligible to:

Be presented with infants for potential matching
Begin actively waiting for placement
Update your family profile as circumstances change
Review infant profiles and medical histories

If your home study expires, an update (much less expensive than a new study) can refresh your approval.

Understanding birth parent rights and the consent process is essential for prospective parents and protects the legal integrity of the adoption.

The Birth Mother’s Rights

The birth mother has:

The right to legal counsel (paid for by adoptive parents in parental placements)
The right to counseling before and after placement
The right to medical care during pregnancy and delivery
The right to make the adoption plan (choosing adoptive family, level of contact)
The right to execute consent only when child is 3+ days old
The right to revoke consent within 7 days (in parental placements only)

Birth mothers should be aware:

Adoption is permanent once revocation period expires
They have no ongoing legal rights to the child after finalization
They can establish contact arrangements through open adoption agreements (PACCA)
Legal and counseling support is available at no cost to them

Birth father consent is critical to adoption validity and requires careful attention.

A birth father must consent if:

He is an acknowledged father (genetic father who signed acknowledgment of paternity form with mother)
He is an adjudicated father (court has established paternity through legal proceedings)
He is a presumed father (married to mother at time of conception or birth, or has held child out as his own)
He has registered with the Virginia Birth Father Registry (before or within 10 days of birth)

Consent is excused if:

Birth father denies paternity in writing under oath
- Once the child is 10 days old, denial is final
- Cannot be withdrawn after child reaches 10 days old
- Constitutes waiver of all parental rights
His identity is unknown or reasonably unascertainable
- Birth mother makes sworn statement that identity cannot be determined
- Good faith efforts to locate him must be documented
He was not given proper notice
- If proper notice procedures weren’t followed and time periods expired
- Virginia Birth Father Registry notice requirements must be satisfied
Six-month non-contact rule
- Birth father has not visited or contacted the child for 6+ months before adoption petition filing
- Must be without just cause
- Adoptive parents must establish this by clear and convincing evidence
Death or prior termination
- Birth father is deceased
- His parental rights were previously terminated
Criminal circumstances
- Birth father committed rape, statutory rape, or incest resulting in child’s conception
- Parental consent not required in these criminal circumstances

The Virginia Birth Father Registry

The Virginia Birth Father Registry is a critical legal notice system.

What It Is:

A confidential registry where putative (alleged) fathers can register their interest in a child
Putative fathers who register receive notice of adoption proceedings

Who Should Register:

Genetic fathers who believe they may be the father
Men who wish to preserve their parental rights
Must register before birth or within 10 days of birth

Why It Matters:

Failure to register waives notice rights (unless father is acknowledged, adjudicated, or presumed)
Registered fathers cannot be bypassed in adoption proceedings
Provides constructive notice even if location is unknown

Prospective Parent Responsibility:

Attorney should verify Virginia Birth Father Registry has been checked
Proper notice must be provided to any registered fathers
Failure to provide proper notice can invalidate an adoption

Timing Requirements

For Parental Placements:

Infant must be at least 3 calendar days old before consent can be executed
Consent is executed before the juvenile and domestic relations district court
Birth parents appear in court before the judge

For Agency Placements:

Timing varies based on agency procedures and entrustment agreements
Birth father may consent before birth (in writing under oath)

Consent must be:

In writing
Signed under oath (before a judge or authorized court official)
Acknowledged before the court (for parental placements)
Independent (not coerced or pressured)
Informed (birth parents understand consequences)

In parental placements, the birth mother must appear before the juvenile and domestic relations district court, in the presence of the prospective adoptive parents (unless circumstances require exception), to execute consent.

The Revocation Period (Parental Placement Only)

In parental placements, birth parents can revoke consent for 7 days from execution date for any reason.

What Revocation Means:

Birth parents can change their minds and take the child back
Custody reverts to birth parents
Placement is undone
Adoption is stopped

Waiving the Revocation Period:
Birth parents can waive the 7-day revocation period in writing if:

The infant is at least 10 days old
Birth parent acknowledges receiving independent legal counsel
The waiver is signed by the birth parent

Once waived, the adoption proceeds without the 7-day risk window.

Important Context:
Statistically, birth parent revocations are rare—most birth parents who execute consent proceed with the adoption plan. However, the legal right exists to protect birth parents’ interests.

Birth Parent Counseling and Support

Virginia law requires birth parent counseling to ensure informed, voluntary consent.

Who Provides Counseling:

Licensed counselors employed by agencies
Independent counseling professionals
Court-ordered counselors in some cases

What Counseling Covers:

Exploring options (parenting, adoption, temporary guardianship)
Understanding adoption process and consequences
Managing grief and loss
Post-adoption contact arrangements
Emotional preparation for placement and separation

Cost:

Adoptive parents pay for birth parent legal counsel and counseling (typical cost: $500-$2,500 total)
Birth parent receives these services at no personal cost

Birth Parent Rights After Finalization

Once the adoption is finalized, birth parents have:

No legal rights to the child
No custody or visitation rights
No inheritance rights (unless specified in PACCA)
No legal obligation to support the child

What birth parents may have (if agreed in writing):

Contact and communication through open adoption agreement (PACCA)
Updated information about the child (photos, letters, health updates)
Occasional or regular visits (if family agrees)
Medical information sharing for health purposes

Open Adoption and Post-Adoption Contact Agreements (PACCA)

Open adoption—where birth parents and adoptive families maintain contact and share information—is increasingly common and has significant benefits for adoptees.

What is Open Adoption?

Open adoption exists on a spectrum:

Fully Open Adoption:

Direct contact between birth and adoptive families
Regular in-person visits (frequency varies)
Exchange of identifying information
Ongoing relationship throughout child’s life

Semi-Open Adoption:

Contact through intermediaries (agency or attorney)
Exchange of photos, letters, and updates
No direct identifying information shared
Occasional visits arranged through intermediary

Closed Adoption:

No contact or information exchange
Non-identifying information only
Rare in modern infant adoptions

Benefits of Open Adoption

For the Adoptee:

Access to medical and genetic history
Knowledge of cultural and ethnic heritage
Reduced identity confusion (“why was I placed for adoption?”)
Connection to biological family
Reduced adoption trauma

For Birth Parents:

Assurance that child is thriving
Ability to maintain ongoing relationship
Resolution of grief through contact
Less secrecy and shame
Preserved family connections

For Adoptive Families:

Richer understanding of child’s background
Cooperation from birth family
Access to updated medical information
Support for child’s identity development
Reduced fear of “being found”

Virginia’s Post-Adoption Contact and Communication Agreement (PACCA)

Virginia law recognizes legally enforceable post-adoption contact agreements (PACCA).

What PACCA Includes

A PACCA can specify:

Frequency and type of contact (visits, phone calls, letters, emails)
Which family members participate
Location of contact
Duration of the agreement
Information sharing protocols
Medical information exchange
Holiday and birthday acknowledgments
College and major life event notifications

Legal Enforceability

Important: PACCA must be:

In writing
Signed by all parties (birth parents and adoptive parents)
Filed with the court before finalization
Approved by the judge

If approved by the court, PACCA is legally binding on both parties, meaning:

Adoptive parents must honor agreed-upon contact
Birth parents must respect agreed-upon boundaries
Court can enforce violations through contempt proceedings
Cannot be unilaterally terminated

Creating an Effective PACCA

Best Practices:

Be specific about contact types and frequency (not vague agreements)
Include provisions for changing circumstances (child’s preferences, geographic moves)
Specify what happens if parties want to modify the agreement
Include dispute resolution procedures
Consult with attorney to ensure enforceability
Discuss openly with birth parents to ensure mutual understanding

Common Concerns:

“What if my family moves out of state?” (Address in the agreement; video calls may substitute)
“What if contact becomes harmful?” (Include provisions for suspension based on specific circumstances)
“What if feelings change after finalization?” (Agreement is binding; modifications require mutual consent and court approval)

Common Myths About Virginia Adoption: Separating Fact from Fiction

Numerous misconceptions about adoption prevent families from considering this beautiful path to parenthood. Let’s address the most common myths with facts.

Myth #1: Adoption is Prohibitively Expensive

The Reality: Domestic infant adoption costs $15,000-$35,000, but multiple financial resources help offset this.

Federal Adoption Tax Credit: up to $15,950 per child
Employer adoption benefits: $5,000-$25,000 (many employers offer this)
Adoption loans and financing: specialized adoption financing companies
State and organizational grants: various programs available
Payment plans: many agencies offer installment options

Additionally, foster care adoption is completely free with ongoing subsidies, making it an affordable pathway for many families.

Myth #2: You Have to Be Married to Adopt

The Reality: Single individuals can absolutely adopt in Virginia. Marital status is irrelevant to adoption eligibility. The critical factors are:

Ability to provide a safe, loving home
Financial stability
Emotional readiness
Passing home study and background check

Married couples must have been married 3+ years, but single parents face no legal barriers.

Myth #3: You Must Own a Home to Adopt

The Reality: Renters, apartment dwellers, and those in mobile homes can all adopt. What matters is that your home is:

Safe and clean
Appropriate for a child
Adequate in size
Provide safe sleeping arrangements

Home ownership is not a factor in adoption approval.

Myth #4: Biological Parents Can Take the Child Back After Adoption is Finalized

The Reality: This is one of the most important myths to understand—it’s completely false. Once adoption is finalized by the court:

Birth parents have zero legal rights to the child
They cannot reclaim the child under any circumstances
The adoption is permanent and irreversible
Only fraud or duress can invalidate an adoption (and this is extraordinarily rare and complex)

The 7-day revocation period in parental placements is the only window where birth parents can change their minds. After that window closes, adoption is final and binding.

Myth #5: Adopted Children Don’t Bond with Adoptive Parents

The Reality: Adoptees bond just as strongly with adoptive parents as biological children. What matters for bonding is:

Consistent, responsive caregiving
Meeting the child’s physical and emotional needs
Patient, trauma-informed parenting
Professional support if attachment issues arise
Time and persistence

Many adoptees develop deep, secure attachments to adoptive families. Some may have initial attachment challenges (particularly older children from institutional care), but with proper support, secure bonds develop.

Myth #6: Transracial Adoption is Problematic or Inappropriate

The Reality: Federal law (Multiethnic Placement Act) prohibits delaying or denying adoption based on race or ethnicity. Transracial adoption is legal and can be successful with:

Honest acknowledgment of racial differences
Education about child’s cultural heritage
Connection to same-race mentors and community
Awareness of racism and how to address it
Books, music, and media reflecting child’s culture
Active engagement in child’s racial identity development

Research shows transracial adoptees thrive when families are intentional about cultural connection and racial identity support.

Myth #7: Adoption Training is Just Bureaucratic Paperwork

The Reality: Pre-adoption training is valuable preparation for parenthood. Training covers:

Realistic expectations about adoption and parenting
Attachment and bonding
Trauma-informed parenting strategies
Common behavioral and emotional challenges
Post-adoption support resources
Understanding the adoption triad perspective
Preparing your home and family

Families who take training seriously report better prepared and more successful transitions.

Myth #8: Birth Parents Are Irresponsible or Selfish

The Reality: Birth parents choose adoption for deeply personal, often loving reasons:

Inability to parent at this time (age, circumstances, resources)
Desire to give child opportunities they cannot provide
Health concerns or life circumstances
Thoughtful recognition that adoption is in child’s best interest

Birth parents experience profound grief and love when placing a child. Characterizing them as “irresponsible” is inaccurate and harmful.

Myth #9: International Adoption is Faster and Easier Than Domestic Adoption

The Reality: International adoption typically takes 1-4 years and involves:

Complex government processes in two countries
Visa requirements
Translation requirements
Language barriers
Significant travel (often multiple trips)
High costs ($20,000-$50,000+)
Uncertain timelines due to policy changes

Domestic infant adoption averages 12-18 months with more predictable costs and processes.

Myth #10: Foster Care Adoption is Only for Older Children with Behavioral Problems

The Reality: While many children in foster care have experienced trauma, not all have behavioral challenges. Additionally:

Infants and very young children are also available for adoption from foster care
Many children have no significant behavioral issues
With proper support and trauma-informed parenting, challenges can be addressed
Siblings can often be kept together
Adoption subsidies and tax benefits provide strong financial support

Comprehensive FAQ: Answering Your Most Pressing Adoption Questions

How Does Domestic Infant Adoption Work in Virginia?

Domestic infant adoption follows either an agency placement (licensed agency facilitates) or parental placement (birth parents select family directly) path. Both require:

Selection of an adoption professional (agency or attorney)
Home study completion (4-8 weeks)
Matching with birth parents
Birth parent counseling and consent execution
Infant placement in your home
6+ months post-placement supervision
Court finalization

The process typically takes 12-18 months from initial contact to finalization, though timelines vary.

What’s the Least Expensive Way to Adopt an Infant in Virginia?

Foster care adoption is completely free if you’re open to older children or those with special needs. This pathway includes:

No agency fees
Free home study
Ongoing monthly subsidies
Federal adoption tax credits
Excellent post-adoption support

For infant adoption specifically, parental placement adoptions are typically less expensive ($10,000-$15,000) than agency adoptions ($20,000-$30,000) because there are fewer intermediary services, though legal costs remain.

Can I Afford to Adopt If My Income is Limited?

Yes. Several resources help families with lower incomes:

Federal Adoption Tax Credit: Up to $15,950 (even if you owe no taxes, you may receive a refundable credit)
Employer Adoption Benefits: Check with your employer; many offer $5,000-$25,000 assistance
Payment Plans: Many agencies offer installment plans spreading payments over 12-24 months
Adoption Loans: Specialized adoption financing at competitive rates
Grants: Organizations like AAG, Show Hope, and church programs offer grants
Financial Assistance Programs: Some agencies offer sliding scale fees based on income

What are the Requirements to Adopt a Child in Virginia?

Basic requirements include:

Age 18+ (though typically 21+ preferred)
Legally capable and morally suitable
Financially able to support the child
Physical and mental health suitable for parenting
Pass criminal background check (no child abuse/serious crimes)
Willing to undergo home study
Demonstrate motivation for adoption
Complete pre-adoption training (for most placements)

What if I Have a Criminal Record?

Having a criminal record doesn’t automatically disqualify you. Virginia evaluates:

Nature and severity of the crime
Time elapsed since conviction
Evidence of rehabilitation
Whether conviction involved children or violence

Automatic disqualifiers:

Sexual offenses against children
Child abuse or neglect convictions
Serious violent felonies

Case-by-case review:

Drug-related offenses
Financial crimes
DUI/DWI
Domestic violence

Talk openly with your social worker; many families with past convictions successfully adopt.

Can I Adopt if I’m Single?

Yes, absolutely. Virginia has no marital status requirement for adoption. Single individuals can adopt infants, and some agencies specialize in placing children with single parents. The home study and approval process is identical—the focus is on your readiness and ability to parent, not your marital status.

What If I’m in the Military?

Military personnel are fully eligible to adopt, whether stationed domestically or overseas. Considerations include:

Home study can be conducted in your current location
Military family support resources are available
PCS (permanent change of station) moves may require home study updates
Some military bases have adoption support groups
Discuss military-specific considerations with your agency

What is the Adoption Process Timeline in Virginia?

Phase	Duration
Agency selection & training	4-16 weeks
Application & documentation	3-6 weeks
Home study	4-8 weeks
Matching	1-12 months
Placement	1-2 weeks
Post-placement supervision	6+ months
Finalization	2-4 weeks
TOTAL	6-18+ months

The most variable element is the matching phase, which depends on birth parent availability and family preferences.

How Long Must the Child Live in My Home Before Finalization?

Virginia law requires the child to live in your home for a minimum of 6 months before the adoption can be finalized. This period allows for:

Bonding and attachment development
Assessment of family integration
Post-placement supervisory visits
Any necessary adjustments to parenting support

After 6 months, finalization can proceed with court approval.

What is a Home Study, and How Long Does It Take?

A home study is a comprehensive assessment conducted by a licensed social worker that evaluates your readiness to parent and the safety of your home. It includes:

Multiple interviews (3+)
Home inspection
Criminal background check
Medical evaluation
Financial assessment
Reference verification

Timeline: 4-8 weeks from application to approval

Cost: $1,600-$2,100

The home study is valid for 36 months after approval.

What Happens During Post-Placement Supervision?

Post-placement supervision involves a licensed social worker:

Visiting your home (minimum 3 visits)
Observing family interaction and bonding
Assessing the child’s adjustment and development
Providing resources and support
Preparing supervisory reports for the court

Purpose: Ensure the child’s wellbeing and family integration; assess parental adjustment and competence.

Timeline: 6+ months minimum (typically 2-3 visits during this period)

What if I Want to Place My Baby for Adoption?

If you’re pregnant and considering adoption for your baby:

Contact an adoption agency or attorney specializing in infant adoption
Receive free counseling to explore all options (parenting, adoption, temporary guardianship)
Select an adoptive family (you typically choose from family profiles)
Create an adoption plan specifying your preferences and contact terms
Receive financial assistance for medical, living, and other expenses
Execute legal consent before the court
Maintain contact (if desired) through open adoption

Available Support:

Medical care (pregnancy through postpartum)
Housing assistance (if needed)
Living expenses
Legal counseling (free)
Emotional counseling (free)
Ongoing post-placement support

Cost to You: Zero. Adoptive parents pay all expenses.

What are Birth Father Rights in Virginia?

Birth fathers have rights to:

Receive notice of adoption proceedings (if identifiable and registered/acknowledged)
Provide consent to adoption
Object to adoption
Request visitation or contact arrangements
Establish paternity before or after birth

Birth fathers may waive these rights by:

Denying paternity in writing
Failure to register with Virginia Birth Father Registry (by 10 days after birth)
Failure to object to adoption within notice period
Other statutory grounds (non-contact for 6+ months, etc.)

What is the Virginia Birth Father Registry?

The Virginia Birth Father Registry is a confidential system where putative fathers can register interest in a child to ensure they receive notice of adoption proceedings.

Why It Matters:

Unregistered putative fathers don’t receive legal notice
Registered fathers cannot be bypassed in adoption
Must register before birth or within 10 days
Protects both father and child interests

For Prospective Parents: Your attorney should verify the registry has been properly checked; this is a critical step in ensuring the adoption is valid.

Can Birth Parents Take Their Child Back After Adoption is Finalized?

Absolutely not. Once the court enters the final adoption order, the adoption is permanent and irrevocable. Birth parents have zero legal rights to the child after finalization.

The only window where birth parents can reclaim a child is the 7-day revocation period in parental placements (after consent is executed but before revocation rights expire). After this window closes, adoption is final.

Adoption cannot be unwound based on changed feelings or circumstances; it requires extraordinary circumstances (fraud, duress) to even be challenged.

What is an Open Adoption?

Open adoption means birth parents and adoptive families maintain contact and information sharing. The level of openness varies:

Fully open: Regular in-person visits, exchanged contact information, ongoing relationship
Semi-open: Contact through intermediaries, exchange of photos/letters, no direct identifying information
Closed: No contact or information exchange

Benefits:

Access to medical history
Connection to cultural heritage
Reduced adoption-related trauma
Understanding of “why” for adoptee
Peace of mind for birth parents

PACCA (Post-Adoption Contact Agreement) can be legally binding if approved by the court and filed before finalization.

What if I Have Concerns About the Birth Father?

If there are concerns about an unidentified or unknown birth father:

Mother provides sworn statement that father’s identity cannot be reasonably ascertained
Good faith efforts to locate are documented
Virginia Birth Father Registry is checked and proper notice given
Non-contact period (if applicable) is documented
Court approval is obtained based on evidence presented

Your attorney handles these procedural requirements; this is why hiring an experienced adoption attorney is critical.

Can I Adopt an Infant if I Have a Mental Health Diagnosis?

Yes. Having a mental health diagnosis doesn’t prevent adoption. What matters is:

Current stability of the condition
Evidence of ongoing treatment or management
Ability to parent effectively despite the condition
Support system in place

You’ll need medical documentation showing:

Current diagnosis and treatment
Medications (if applicable) and effectiveness
Prognosis and stability
Your ability to parent effectively

Professional support letters from your mental health provider strengthen your application.

What if My Family is Considered “Non-Traditional”?

Virginia adoption law is inclusive. Non-traditional families include:

Single parents (fully eligible)
Same-sex couples (full equality; cannot be discriminated against)
Blended families (stepparent adoptions permitted)
Cohabiting couples (must marry for joint adoption)
Families with disability (evaluated on case-by-case basis for ability to parent)

Federal law protects against discrimination based on race, ethnicity, or family structure. Choose an adoption professional who affirms your family structure.

What Happens to the Original Birth Certificate?

After adoption is finalized:

Original birth certificate is sealed (contains birth parent names and information)
New birth certificate is issued with adoptive parents’ names as parents
Sealed certificate may be accessed only with court order in specific circumstances (medical emergency, adoptee request as adult, etc.)
Non-identifying information (medical history, etc.) is typically available to adoptive families

Virginia law permits adoptees to petition for their original birth certificates upon reaching 18 years old in some circumstances; specific rules apply.

What if the Adoption Disrupts?

An adoption disruption occurs when a placement doesn’t proceed to finalization (rare), or rarely, when a finalized adoption breaks down. If disruption occurs:

Custody reverts to the agency or placement alternative is made
Counseling is provided to all parties
Causes are investigated to understand what went wrong
Lessons are learned to prevent future disruptions
Resources and support are offered to the family

While disruptions are heartbreaking and statistically rare, post-adoption support services can help families navigate challenges and prevent disruption.

What Post-Adoption Support is Available?

Post-adoption support includes:

Support groups (for adoptive families, adoptees)
Counseling and therapy (for attachment issues, adoption-related challenges)
Adoption competent pediatric care
Educational resources and training
Referrals to specialists
Adoption-competent schools and teachers
Medical record access and interpretation
Ongoing agency support

Many agencies provide free or low-cost post-adoption services for families.

Where Can I Find More Information?

Virginia Resources:

Virginia Department of Social Services: 1-800-DO-ADOPT (1-800-362-3678)
AdoptUSKids.org (waiting children from foster care)
Virginia Adoption Resource Exchange (VARE)

National Resources:

National Adoption Center
American Academy of Adoption Attorneys
Child Welfare Information Gateway
American Adoptions
Create a Family

Books and Education:

“The Primal Wound” by Nancy Verrier
“The Adoption Competency Framework” (training resources)
“20 Things Adoptive Parents Need to Know” by Sherrie Eldridge

Beginning Your Adoption Journey

Adopting an infant in Virginia is a profound, life-altering journey that creates permanency and family for a child while fulfilling the deep desire many people have for parenthood. The process involves legal complexity, financial investment, and emotional preparation—but the rewards are immeasurable.

Key Takeaways:

Virginia offers inclusive adoption laws that welcome diverse families—single parents, same-sex couples, people with disabilities, and non-traditional families can all adopt.
The process is structured and predictable, typically taking 12-18 months from start to finalization, with clear legal requirements protecting all parties.
Financial resources are available to help offset adoption costs—federal tax credits, employer benefits, grants, and financing options make adoption accessible to families across income levels.
Birth parents and adoptive families can maintain contact through open adoption agreements, benefiting adoptees through access to identity, heritage, and ongoing relationships.
Professional support—from agencies, attorneys, social workers, and counselors—is essential to successful adoption. Choose professionals who understand adoption complexity and affirm your family.
Adoption requires honest self-examination about your motivations, readiness, and expectations, but families who approach adoption thoughtfully report profound satisfaction and joy.

If you’re considering adoption, take the first step: Call 1-800-DO-ADOPT to speak with Virginia’s adoption specialists, research licensed agencies and attorneys, attend an adoption information session, and connect with other adoptive families. The Virginia adoption community is supportive, experienced, and ready to help you realize your dream of becoming a parent.

Your journey to family through adoption begins now.

Disclaimer: This guide provides general information about Virginia adoption law and processes. Specific circumstances vary, and this information is not a substitute for professional legal or counseling advice. Consult with a Virginia adoption attorney for specific legal questions and with licensed adoption professionals regarding your personal situation.

Adopt an Infant in Virginia: Your Complete Adoption Guide