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Description
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Designed to provide a systematic approach for family law attorneys and general practitioners who encounter adoption matters, this book will keep you up to date and
provide the tools needed to handle adoption questions and procedures efficiently.
This book was updated in 2010. Forms on disc are included. This book is available
in both print and CD-ROM formats, and it is also available for immediate
download. Please see the
information on electronic books
before selecting the CD-ROM or download option.
Editors: Colleen M. Quinn, Barbara C. Jones
Authors: Karen Stoutamyer Law, Thomas G. Nolan
Copyright © 2010 Virginia Law Foundation.
All rights reserved.
TABLE OF CONTENTS
About the Editors and Authors
Preface
Acknowledgments
Forms on Disc: Instructions and Table
CHAPTER 1: INTRODUCTION
1.1 LEGAL BASIS FOR ADOPTION
1.101 Common Law
1.102 Statutory Basis
1.2 TYPES OF ADOPTION
1.201 In General
1.202 Agency Placement Adoptions
1.203 Parental Placement Adoptions
1.204 Stepparent Adoptions
1.205 Close Relative Adoptions
1.206 Adult Adoptions
1.207 Interstate Adoptions
1.208 Intercountry Adoptions
1.209 Special Needs Adoptions
1.210 Equitable Adoptions
1.3 GENERAL PROCEDURES
1.301 The Home Study
1.302 Identifying a Child
1.303 Termination of Parental Rights
1.304 Filing the Adoption Petition
1.305 Interlocutory Order
1.306 Order of Reference
1.307 Finalization
1.4 PUTATIVE FATHER REGISTRY
CHAPTER 2: PLACEMENT FOR ADOPTION
2.1 WHO MAY PLACE
2.101 Virginia Agencies
2.102 Biological and Legal Parents
2.103 Legal Guardians
2.104 Out-of-State Agencies
2.2 RESTRICTIONS ON PLACEMENTS
2.201 Recommendations for Placement
2.202 Unauthorized Placements
2.3 WHO MAY ADOPT
2.301 Statutory Rules
2.302 Public Agency Placements
2.303 Private Agency Placements
2.304 Parental Placement Adoptions
2.305 Intercountry Adoptions
2.306 Foster Care Placement Adoptions
2.307 Special Needs Adoptions
2.308 Stepparent Adoptions
2.309 Birth by Surrogacy or Other Assisted Reproductive
Technologies
2.4 WHO MAY BE ADOPTED
2.401 In General
2.402 Children
2.403 Adults
2.404 Foreign Adoptees
2.5 HOW TO ADOPT
2.501 Choosing an Agency and a Social Worker
2.502 Choosing an Attorney
2.503 Advertising and Other Marketing Techniques
CHAPTER 3: JURISDICTION AND VENUE
3.1 OVERVIEW
3.2 JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT
3.3 CIRCUIT COURT
CHAPTER 4: AGENCY PLACEMENT ADOPTIONS
4.1 OVERVIEW OF AGENCY PLACEMENTS
4.2 TERMINATION OF PARENTAL RIGHTS IN AGENCY PLACEMENTS
4.201 Involuntary Termination
4.202 Voluntary Termination
4.3 PRELIMINARY REQUIREMENTS FOR VOLUNTARY PLACEMENTS
4.4 COURT DOCUMENTS
4.401 In General
4.402 Petition
4.403 Order of Reference
4.404 Agency's Consent to Adoption
4.405 Interlocutory Order
4.406 Final Order of Adoption
4.5 COSTS
4.6 PROS AND CONS
CHAPTER 5: STEPPARENT AND CLOSE RELATIVE ADOPTIONS
5.1 STEPPARENT ADOPTIONS
5.101 Termination of Parental Rights
5.102 Preliminary Requirements
5.103 Court Documents
5.104 Calendar of Events
5.105 Costs
5.2 CLOSE RELATIVE ADOPTIONS
5.201 In General
5.202 Child in Home for Less Than Three Years
5.203 Child in Home for Three Years or More
CHAPTER 6: PARENTAL PLACEMENT ADOPTIONS
6.1 OVERVIEW
6.101 In General
6.102 Ideal Procedure
6.103 Addressing the Birth Father's Rights
6.2 PRELIMINARY REQUIREMENTS
6.201 Basic Requirements
6.202 Additional Requirements
6.3 COURT DOCUMENTS
6.4 COSTS
6.5 PROS AND CONS
CHAPTER 7: ADULT ADOPTIONS
7.1 TERMINATION OF PARENTAL RIGHTS
7.2 QUALIFICATIONS FOR AN ADULT ADOPTION
7.3 COURT DOCUMENTS
7.4 CALENDAR OF EVENTS
7.5 FINALIZATION
7.6 FEES AND COSTS
7.7 PROS AND CONS
CHAPTER 8: INTERSTATE ADOPTIONS
8.1 OVERVIEW
8.2 VIRGINIA'S INTERSTATE COMPACT REQUIREMENTS
8.201 In General
8.202 The Forms
8.3 INTERSTATE PROCEDURE
8.4 INTERSTATE AGENCY PLACEMENTS
8.401 Birth Parents Placing to an Out-of-State Agency
8.402 Out-of-State Agency Placing with Virginia Adoptive
Parents
8.5 INTERSTATE PARENTAL PLACEMENTS
8.501 In General
8.502 Parental Placements from Another State When Adoptive
Parents Reside in Virginia
8.503 Parental Placements When the Adoptive Parents Reside
in Another State
8.504 Parental Placements to Another State by Birth Parents
in Virginia
8.6 FINALIZATION
8.7 COSTS
8.8 PROS AND CONS
CHAPTER 9: INTERCOUNTRY ADOPTIONS
9.1 OVERVIEW
9.101 In General
9.102 Attorney Prohibited and Permitted Activities
9.103 Non-Hague Adoption Convention Procedures
9.104 Hague Adoption Convention Procedures
9.105 United States Citizenship for Adopted Child
9.2 TERMINATION OF PARENTAL RIGHTS
9.3 PRELIMINARY REQUIREMENTS
9.301 Non-Hague and Hague Adoption Convention State Law
Requirements
9.302 Non-Hague Adoption Convention Federal Requirements
9.303 Hague Adoption Convention Federal Requirements
9.4 INTERCOUNTRY RELATIVE ADOPTIONS
9.401 Children Living in Foreign Country
9.402 Foreign Children Present in the United States
9.5 COURT DOCUMENTS
9.501 Placement by Foreign Agency or Court
9.502 Adoption in Foreign Country
9.6 CALENDAR OF EVENTS
9.7 FINALIZATION
9.8 COSTS
9.9 PROS AND CONS
CHAPTER 10: FOSTER CARE PLACEMENT ADOPTIONS
10.1 TERMINATION OF PARENTAL RIGHTS
10.2 PRELIMINARY REQUIREMENTS
10.3 COURT DOCUMENTS
10.4 CALENDAR OF EVENTS
10.5 FINALIZATION
10.6 COSTS
10.7 PROS AND CONS
10.8 ADOPTION AND SAFE FAMILIES ACT OF 1997
10.9 POST-ADOPTION CONTACT
CHAPTER 11: SPECIAL NEEDS ADOPTIONS
11.1 TERMINATION OF PARENTAL RIGHTS
11.2 PRELIMINARY REQUIREMENTS
11.3 COURT DOCUMENTS
11.4 CALENDAR OF EVENTS
11.5 FINALIZATION
11.6 SUBSIDIES
11.601 Overview
11.602 Funding Sources
11.603 Types of Payments
11.604 Parents' Rights and Responsibilities
11.605 Appeal to Commissioner Regarding Adoption Assistance
11.606 Termination of Payments
11.7 PROS AND CONS
CHAPTER 12: LEGAL EFFECTS OF ADOPTION: ADOPTION AND INHERITANCE
12.1 OVERVIEW
12.2 CURRENT VIRGINIA STATUTES
12.201 Adopted Person Inheriting from Adoptive Parent
12.202 Termination of Rights of Birth Parents
12.203 Residual Rights of Adopted Person in Birth Parent's
Estate
CHAPTER 13: ACCESS TO ADOPTION RECORDS
13.1 IN GENERAL
13.2 ACCESS BY ADOPTED PERSON
13.201 In General
13.202 Parental Placement Adoptions
13.203 Medical, Psychological, or Genetic Information
13.3 ACCESS BY ADOPTIVE PARENTS OR LEGAL CUSTODIAN
13.4 ACCESS BY BIRTH FAMILY
13.401 In General
13.402 Parental Placement Adoptions
13.5 AGENCY INVOLVEMENT
13.6 POST-ADOPTION CONTACT AND COMMUNICATION AGREEMENTS
CHAPTER 14: ETHICAL ISSUES
14.1 CONFLICT OF INTEREST
14.101 In General
14.102 Conflict Between Adoptive Parents and Birth Parents
14.103 Conflict Between Adoptive Parents
14.104 Conflict Between Adoptive Parents and Adoptee
14.105 Conflict Between Adoptive Parent and Former Spouse
14.106 Conflict Between Birth Mother and Present Spouse
14.107 Conflict Between Birth Parents
14.108 Birth Parents' Attorney Fees Paid by Adoptive Parents
14.109 Conflict Between Agency and Adoptive Parents or
Birth Parents
14.110 Client Confidences When Representing Birth Parents
14.111 Best Interests of the Child
14.2 UNAUTHORIZED PLACEMENT; EXCHANGE OF PROHIBITED PROPERTY
14.3 CONFLICT OF BUSINESS INTEREST
CHAPTER 15: FEES AND COSTS
15.1 HOME STUDY COSTS
15.2 ATTORNEY FEES
15.3 FILING FEES AND OTHER COSTS
15.4 ADDITIONAL COSTS
15.401 Order of Publication
15.402 Travel
15.403 Birth Parents' Expenses
15.404 Child's Health Care Costs
15.5 INCOME TAX CREDITS AND EXEMPTIONS
CHAPTER 16: COMMON CHALLENGES AND HOW TO AVOID THEM
16.1 DISRUPTION OF PLACEMENT
16.101 In General
16.102 Assessing the Birth Parents
16.103 Inclusion of All Parties
16.104 Qualifications of Social Worker
16.2 THE INDIAN CHILD WELFARE ACT
16.201 Overview
16.202 Policy of the Act
16.203 Membership Requirements
16.204 Jurisdiction
16.205 Tribal Resolutions
16.206 ICWA Procedural Requirements for Voluntary Placements
16.3 COURTROOM PRACTICE
APPENDICES
FORMS, SAMPLE PLEADINGS, AND INSTRUCTION SHEETS
APPENDIX 1: AGENCY PLACEMENT ADOPTIONS
APPENDIX 1-1 COVER LETTER TO AGENCY
APPENDIX 1-2 COVER LETTER FOR PETITION
APPENDIX 1-3 VERIFIED PETITION FOR ADOPTION
APPENDIX 1-4 ORDER OF REFERENCE
APPENDIX 1-5 FINAL ORDER OF ADOPTION
APPENDIX 1-6 INTERLOCUTORY ORDER
APPENDIX 1-7 FINAL ORDER OF ADOPTION AFTER INTERLOCUTORY ORDER
APPENDIX 1-8 MOTION TO WAIVE REPORT OF INVESTIGATION
APPENDIX 1-9 FINAL ORDER OF ADOPTION WITH WAIVER OF REPORT
APPENDIX 1-10 SELF-AUTHENTICATING AFFIDAVIT OF IDENTITY PURSUANT TO SECTION
63.2-1202(K) OF THE VIRGINIA CODE
APPENDIX 1-11 BIRTH PARENT RECOMMENDED PLACEMENT ELECTION, WAIVER, AND VERIFICATION
APPENDIX 1-12 ADOPTIVE PARENT RECOMMENDED AGENCY PLACEMENT VERIFICATION
APPENDIX 1-13 SAMPLE PACCA AGREEMENT
APPENDIX 1-14 SAMPLE AGENCY CONSENT TO ADOPTION
APPENDIX 2: STEPPARENT AND CLOSE RELATIVE ADOPTIONS
APPENDIX 2-1 COVER LETTER TO CIRCUIT COURT
APPENDIX 2-2 PETITION FOR ADOPTION
APPENDIX 2-3 CONSENT TO ADOPTION BY BIRTH FATHER
APPENDIX 2-4 AFFIDAVIT THAT BIRTH FATHER'S IDENTITY IS UNKNOWN
APPENDIX 2-5 ORDER OF REFERENCE
APPENDIX 2-6 FINAL ORDER OF ADOPTION
APPENDIX 2-7 PETITION FOR ADOPTION OF A CLOSE RELATIVE
APPENDIX 2-8 FINAL ORDER OF ADOPTION OF A CLOSE RELATIVE
APPENDIX 3: PARENTAL PLACEMENT ADOPTIONS
APPENDIX 3-1 PARENTAL PLACEMENT ADOPTION CHECKLIST
APPENDIX 3-2 POWER OF ATTORNEY AND HIPAA COMPLIANT MEDICAL AUTHORIZATION
APPENDIX 3-3 COVER LETTER FOR PETITION IN JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURT
APPENDIX 3-4 PETITION FOR CONSENT HEARING IN JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURT
APPENDIX 3-5 MOTION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
APPENDIX 3-6 OUT-OF-COURT CONSENT OF BIRTH FATHER
APPENDIX 3-7 BIRTH FATHER'S DENIAL OF PATERNITY
APPENDIX 3-8 NOTICE LETTER TO PUTATIVE BIRTH FATHER
APPENDIX 3-9 NOTICE LETTER TO NONPUTATIVE BIRTH FATHER
APPENDIX 3-10 NOTICE OF HEARING TO NONPUTATIVE BIRTH FATHER
APPENDIX 3-11 CERTIFICATION BY SOCIAL WORKER
APPENDIX 3-12 BIRTH MOTHER'S CONSENT TO ADOPTION AND AFFIDAVIT OF PATERNITY
APPENDIX 3-13 ORDER [ACCEPTING CONSENTS AND TRANSFERRING CUSTODY]
APPENDIX 3-14 COVER LETTER FOR CIRCUIT COURT PETITION FOR ADOPTION
APPENDIX 3-15 CIRCUIT COURT PETITION FOR ADOPTION
APPENDIX 3-16 CIRCUIT COURT INTERLOCUTORY ORDER
APPENDIX 3-17 COVER LETTER TO CIRCUIT COURT WITH FINAL ORDER OF ADOPTION
APPENDIX 3-18 CIRCUIT COURT FINAL ORDER OF ADOPTION
APPENDIX 3-19 PUTATIVE FATHER SEARCH REQUEST
APPENDIX 4: ADULT ADOPTIONS
APPENDIX 4-1 CIRCUIT COURT PETITION FOR ADOPTION
APPENDIX 4-2 CONSENT UNDER OATH BY ADULT ADOPTEE
APPENDIX 4-3 CIRCUIT COURT ORDER OF REFERENCE
APPENDIX 4-4 CIRCUIT COURT FINAL ORDER OF ADOPTION
APPENDIX 4-5 FLOW CHART FOR ADULT ADOPTION
APPENDIX 5: INTERSTATE ADOPTIONS
APPENDIX 5-1 PROCEDURES FOR PARENTAL PLACEMENTS PURSUANT TO THE INTERSTATE COMPACT
FOR THE PLACEMENT OF CHILDREN
APPENDIX 5-2 WAIVER OF APPLICATION OF VIRGINIA ENTRUSTMENT LAWS
APPENDIX 5-3 CHECKLIST FOR FORMS NEEDED IN INTERSTATE PLACEMENT
APPENDIX 5-4 FORM ICPC-100A WITH INSTRUCTIONS
APPENDIX 5-5 FORM ICPC-100B WITH INSTRUCTIONS
APPENDIX 6: INTERCOUNTRY ADOPTIONS
APPENDIX 6-1 APPLICATION FOR DETERMINATION OF SUITABILITY TO ADOPT A CHILD FROM
A CONVENTION COUNTRY (FORM I-800A AND INSTRUCTIONS)
APPENDIX 6-2 PETITION TO CLASSIFY CONVENTION ADOPTEE AS AN IMMEDIATE RELATIVE
(FORM I-800 AND INSTRUCTIONS)
APPENDIX 6-3 FREQUENTLY ASKED QUESTIONS: INTERCOUNTRY ADOPTIONS
APPENDIX 6-4 APPLICATION FOR CERTIFICATE OF CITIZENSHIP (FORM N-600 AND INSTRUCTIONS)
APPENDIX 6-5 APPLICATION FOR ADVANCE PROCESSING OF ORPHAN PETITION (FORM I-600A
AND INSTRUCTIONS)
APPENDIX 6-6 PETITION TO CLASSIFY ORPHAN AS IMMEDIATE RELATIVE (FORM I-600 AND
INSTRUCTIONS)
APPENDIX 6-7 CIRCUIT COURT PETITION FOR ADOPTION
APPENDIX 6-8 ORDER OF REFERENCE
APPENDIX 6-9 CIRCUIT COURT FINAL ORDER OF ADOPTION AFTER SIX MONTHS
APPENDIX 6-10 CIRCUIT COURT FINAL ORDER OF ADOPTION AFTER 12 MONTHS
APPENDIX 6-11 HAGUE PROCESSING TIP SHEET (FORM M-738)
APPENDIX 6-12 ORPHAN HOME STUDY TIP SHEET (FORM M-760)
APPENDIX 7: INDIAN CHILD WELFARE ACT
APPENDIX 7-1 ICWA CONSENT FORM
APPENDIX 7-2 ICWA JUDICIAL CERTIFICATION FORM
APPENDIX 7-3 PETITION TO THE JUVENILE COURT TO ACCEPT CONSENT AND TRANSFER CUSTODY
APPENDIX 7-4 JUVENILE COURT ORDER CONFIRMING CONSENTS AND GRANTING CUSTODY TO
ADOPTIVE PARENTS
APPENDIX 7-5 TRIBAL COUNCIL RESOLUTION APPROVING ADOPTION
APPENDIX 8: STATE REPORTING FORMS
APPENDIX 8-1 VS-6: APPLICATION FOR CERTIFICATION OF A VITAL RECORD
APPENDIX 8-2 VS-21: REPORT OF ADOPTION
APPENDIX 9: MISCELLANEOUS FORMS
APPENDIX 9-1 CONSENT OF MINOR OVER AGE 14
APPENDIX 9-2 INFORMATION REGARDING MILITARY REIMBURSEMENT PROGRAM
APPENDIX 9-3 SPECIAL NEEDS ADOPTION ASSISTANCE AGREEMENT
TABLE OF AUTHORITIES
INDEX
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