Adoption Procedures and Forms: A Guide for Virginia Lawyers

Adoption Procedures and Forms: A Guide for Virginia Lawyers
Publication Date: 2019
Electronic Forms: 54
Available Formats: Print (770 pages, softcover, 1 volume)
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Product #: 893

Information

Content Highlights:

  • Placement for Adoption
  • Jurisdiction and Venue
  • Agency Placement Adoptions
  • Stepparent and Close Relative Adoptions
  • Parental Placement Adoptions
  • Adult Adoptions
  • Interstate Adoptions
  • International Adoptions
  • Foster Care Placement Adoptions
  • Special Needs Adoptions
  • Children Born Using Assisted Reproductive Technology
  • Legal Effects of Adoption
  • Access to Adoption Records
  • Ethical Issues
  • Fees and Costs
  • Common Challenges and How to Avoid Them

"There is no other manual with the breadth and detail available to guide Virginia attorneys in adoption, nor is there a tool as practicable. The work is a combination of well over 100 years of legal practice of the contributors which provides a rich basis for the publication." - Barbara C. Jones, co-editor

The 2019 edition of Adoption Procedures and Forms: A Guide for Virginia Lawyers provides a comprehensive and updated overview of every kind of adoption and the laws that apply to each. It is an easy, “how-to” reference tool which will guide both experienced and new attorneys through each type of adoption, providing forms, sample pleadings and instructions. It provides alerts both to local practices and complex federal laws and compacts affecting adoption, highlighting when there may be the need to seek experienced counsel for assistance. Its preface captures its ultimate goal: to protect the integrity of the adoption process so that both adoption attorneys and their clients are confident that the child is legally secure in his or her new adoptive home.

Among the recent developments covered in the 2019 edition are:

  • Adoptions by married same-sex couples
  • Expansion of the list of persons who may adopt as close relatives
  • Recent developments and legislation in the area of assisted reproductive technology
  • Changes in Intercountry Adoptions
  • Updated Indian Child Welfare (ICWA) provisions
  • New provisions in Virginia’s Birth Father Registry
  • Surrogacy laws in Virginia
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Table of Contents

CHAPTER LIST 

1. Introduction
2. Placement for Adoption
3. Jurisdiction and Venue
4. Agency Placement Adoptions
5. Stepparent and Close Relative Adoptions
6. Parental Placement Adoptions
7. Adult Adoptions
8. Interstate Adoptions
9. Adoptions of Foreign-Born Children
10. Foster Care Placement Adoptions
11. Special Needs Adoptions
12. Children Born Using Assisted Reproductive Technology
13. Legal Effects of Adoption: Adoption and Inheritance
14. The Indian Child Welfare Act
15. Access to Adoption Records
16. Ethical Issues
17. Fees and Costs
18. Common Challenges and How to Avoid Them
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
        1.308 Birth Certificate
    
1.4 VIRGINIA BIRTH FATHER REGISTRY

APPENDIX 1: MISCELLANEOUS FORMS

APPENDIX 1-1: VS-6: APPLICATION FOR CERTIFICATION OF A
VITAL RECORD

APPENDIX 1-2: VS-21: REPORT OF ADOPTION

APPENDIX 1-3: CONSENT OF MINOR 14 YEARS OF AGE
OR OLDER

APPENDIX 1-4: INFORMATION REGARDING MILITARY
REIMBURSEMENT PROGRAM

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 Separated but Not Divorced Persons
        2.303 Previously Married Person Who Stood
        In Loco Parentis
        2.304 Home Study
        2.305 Sexually Violent Offenders; Conviction of
        Barrier Crime
        2.306 Public Agency Placements
        2.307 Private Agency Placements
        2.308 Parental Placement Adoptions
        2.309 Intercountry Adoptions
        2.310 Foster Care Placement Adoptions
        2.311 Special Needs Adoptions
        2.312 Stepparent Adoptions

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

APPENDIX 4: AGENCY PLACEMENT ADOPTIONS

APPENDIX 4-1: COVER LETTER TO AGENCY

APPENDIX 4-2: COVER LETTER FOR PETITION

APPENDIX 4-3: VERIFIED PETITION FOR ADOPTION

APPENDIX 4-4: ORDER OF REFERENCE

APPENDIX 4-5: FINAL ORDER OF ADOPTION

APPENDIX 4-6: INTERLOCUTORY ORDER

APPENDIX 4-7: FINAL ORDER OF ADOPTION AFTER
INTERLOCUTORY ORDER

APPENDIX 4-8: MOTION TO WAIVE REPORT OF
INVESTIGATION

APPENDIX 4-9: FINAL ORDER OF ADOPTION WITH WAIVER
OF REPORT

APPENDIX 4-10: SELF-AUTHENTICATING AFFIDAVIT OF
IDENTITY PURSUANT TO SECTION 63.2-1202(K) OF
THE VIRGINIA CODE

APPENDIX 4-11: BIRTH PARENT RECOMMENDED PLACEMENT
ELECTION, WAIVER, AND VERIFICATION

APPENDIX 4-12: ADOPTIVE PARENT RECOMMENDED AGENCY
PLACEMENT VERIFICATION

APPENDIX 4-13: SAMPLE POST-ADOPTION CONTACT AND
COMMUNICATION AGREEMENT

APPENDIX 4-14: SAMPLE AGENCY CONSENT TO ADOPTION

APPENDIX 4-15: FLOW CHARTS FOR AGENCY PLACEMENT
ADOPTIONS

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 Two Years
        5.203 Child in Home for Two Years or More

APPENDIX 5: STEPPARENT AND CLOSE RELATIVE ADOPTIONS

APPENDIX 5-1: COVER LETTER TO CIRCUIT COURT

APPENDIX 5-2: PETITION FOR ADOPTION

APPENDIX 5-3: CONSENT TO ADOPTION BY BIRTH PARENT

APPENDIX 5-4: AFFIDAVIT THAT BIRTH FATHER’S IDENTITY
IS UNKNOWN

APPENDIX 5-5: ORDER OF REFERENCE

APPENDIX 5-6: FINAL ORDER OF ADOPTION

APPENDIX 5-7: PETITION FOR ADOPTION OF A CLOSE
RELATIVE

APPENDIX 5-8: CONSENT UNDER OATH TO ADOPTION OF
CLOSE RELATIVE

APPENDIX 5-9: FINAL ORDER OF ADOPTION OF A CLOSE
RELATIVE

APPENDIX 5-10: FLOW CHART FOR CLOSE RELATIVE
ADOPTIONS

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

APPENDIX 6: PARENTAL PLACEMENT ADOPTIONS

APPENDIX 6-1: PARENTAL PLACEMENT ADOPTION
CHECKLIST

APPENDIX 6-2: POWER OF ATTORNEY AND HIPAA
COMPLIANT MEDICAL AUTHORIZATION

APPENDIX 6-3: COVER LETTER FOR PETITION IN JUVENILE
AND DOMESTIC RELATIONS DISTRICT COURT

APPENDIX 6-4: PETITION FOR CONSENT HEARING IN
JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURT

APPENDIX 6-5: MOTION AND ORDER FOR APPOINTMENT
OF GUARDIAN AD LITEM

APPENDIX 6-6: OUT-OF-COURT CONSENT OF BIRTH FATHER

APPENDIX 6-7: BIRTH FATHER’S DENIAL OF PATERNITY

APPENDIX 6-8: NOTICE LETTER TO PUTATIVE BIRTH FATHER

APPENDIX 6-9: NOTICE LETTER TO NONPUTATIVE BIRTH
FATHER

APPENDIX 6-10: NOTICE OF HEARING TO NONPUTATIVE
BIRTH FATHER

APPENDIX 6-11: CERTIFICATION BY SOCIAL WORKER

APPENDIX 6-12: BIRTH MOTHER’S CONSENT TO ADOPTION
AND AFFIDAVIT OF PATERNITY

APPENDIX 6-13: ORDER [ACCEPTING CONSENTS AND
TRANSFERRING CUSTODY]

APPENDIX 6-14: COVER LETTER FOR CIRCUIT COURT
PETITION FOR ADOPTION

APPENDIX 6-15: CIRCUIT COURT PETITION FOR ADOPTION

APPENDIX 6-16: CIRCUIT COURT INTERLOCUTORY ORDER

APPENDIX 6-17: COVER LETTER TO CIRCUIT COURT WITH
FINAL ORDER OF ADOPTION

APPENDIX 6-18: CIRCUIT COURT FINAL ORDER OF ADOPTION

APPENDIX 6-19: VIRGINIA BIRTH FATHER SEARCH REQUEST

APPENDIX 6-20: FLOW CHARTS FOR PARENTAL PLACEMENT
ADOPTIONS

CHAPTER 7: ADULT ADOPTIONS

7.1 TERMINATION OF PARENTAL RIGHTS

7.2 QUALIFICATIONS FOR AN ADULT ADOPTION

7.3 COURT DOCUMENTS AND JURISDICTION

7.4 CALENDAR OF EVENTS

7.5 FINALIZATION

7.6 FEES AND COSTS

7.7 PROS AND CONS

APPENDIX 7: ADULT ADOPTIONS

APPENDIX 7-1: CIRCUIT COURT PETITION FOR ADOPTION

APPENDIX 7-2: CONSENT UNDER OATH BY ADULT ADOPTEE

APPENDIX 7-3: CIRCUIT COURT ORDER OF REFERENCE

APPENDIX 7-4: CIRCUIT COURT FINAL ORDER OF ADOPTION

APPENDIX 7-5: FLOW CHART FOR ADULT ADOPTIONS

CHAPTER 8: INTERSTATE ADOPTIONS

8.1 OVERVIEW

8.2 VIRGINIA’S INTERSTATE COMPACT REQUIREMENTS
        8.201 In General
        8.202 ICPC Regulation No. 12
        8.203 ICPC Documentation: Overview and Purpose

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

8.9 VIRGINIA’S INTERSTATE COMPACT REQUIREMENTS
FOR INTERNATIONAL PLACEMENTS

APPENDIX 8: INTERSTATE ADOPTIONS

APPENDIX 8-1: PROCEDURES FOR PARENTAL PLACEMENTS
PURSUANT TO THE INTERSTATE COMPACT FOR THE
PLACEMENT OF CHILDREN

APPENDIX 8-2: WAIVER OF APPLICATION OF VIRGINIA
ENTRUSTMENT LAWS FOR AN AGENCY PLACEMENT

APPENDIX 8-3: WAIVER OF APPLICATION OF VIRGINIA
PARENTAL PLACEMENT LAWS

APPENDIX 8-4: REGULATION NO. 12: PRIVATE/INDEPENDENT
ADOPTION

APPENDIX 8-5: FORM ICPC-100A WITH INSTRUCTIONS

APPENDIX 8-6: FORM ICPC-100B WITH INSTRUCTIONS

CHAPTER 9: ADOPTIONS OF FOREIGN-BORN CHILDREN

9.1 OVERVIEW

9.2 DOMESTIC ADOPTION OF FOREIGN-BORN CHILD
        9.201 Determining Whether Domestic Adoption Is Governed
        by the Hague Adoption Convention
        9.202 Habitual Residence of Prospective Adoptive Parents
        9.203 Habitual Residence of Child
        9.204 Relocation for Purposes of Adoption
        9.205 Domestic Adoption Affected by Hague Adoption
        Convention
        9.206 Bona Fide Requirement
        9.207 Preparation
        9.208 Pleadings and Adoption Order
    
9.3 RE-ADOPTION OR FINALIZATION OF FOREIGN
GUARDIANSHIPS
        9.301 Foreign Guardianships
        9.302 Adoption in Foreign Country
        9.302 Calendar of Events
        9.303 Finalization

9.4 OVERVIEW OF PROCEDURES WHEN CHILD IS
RESIDING ABROAD
        9.401 Difference Between Non-Hague and Hague
        Adoption Convention Procedures
        9.402 Attorney’s Role
        9.403 Non-Hague Adoption Convention Procedures
        9.404 Common Problems in Non-Hague Adoption
        Convention Cases
        9.405 Hague Adoption Convention Procedures
        9.406 Common Problems in Hague Adoption Convention
        Cases
        9.407 Costs and Timeframes

9.5 UNITED STATES CITIZENSHIP FOR ADOPTED CHILD

APPENDIX 9: ADOPTIONS OF FOREIGN-BORN CHILDREN

APPENDIX 9-1: APPLICATION FOR DETERMINATION OF
SUITABILITY TO ADOPT A CHILD FROM A CONVENTION
COUNTRY (FORM I-800A AND INSTRUCTIONS)

APPENDIX 9-2: PETITION TO CLASSIFY CONVENTION
ADOPTEE AS AN IMMEDIATE RELATIVE (FORM I-800
AND INSTRUCTIONS)

APPENDIX 9-3: APPLICATION FOR CERTIFICATE OF
CITIZENSHIP (FORM N-600 AND INSTRUCTIONS)

APPENDIX 9-4: APPLICATION FOR REPLACEMENT
NATURALIZATION/CITIZENSHIP DOCUMENT
(FORM N-565 AND INSTRUCTIONS)

APPENDIX 9-5: APPLICATION FOR ADVANCE PROCESSING OF
ORPHAN PETITION (FORM I-600A AND INSTRUCTIONS)

APPENDIX 9-6: PETITION TO CLASSIFY ORPHAN AS
AN IMMEDIATE RELATIVE (FORM I-600 AND
INSTRUCTIONS)

APPENDIX 9-7: CIRCUIT COURT PETITION FOR ADOPTION

APPENDIX 9-8: ORDER OF REFERENCE

APPENDIX 9-9: CIRCUIT COURT FINAL ORDER OF ADOPTION
AFTER SIX MONTHS

APPENDIX 9-10: CIRCUIT COURT FINAL ORDER OF ADOPTION
AFTER 12 MONTHS

APPENDIX 9-11: HAGUE PROCESSING TIP SHEET
(FORM M-738)

APPENDIX 9-12: ORPHAN HOME STUDY TIP SHEET
(FORM M-760)

APPENDIX 9-13: E-NOTIFICATION OF APPLICATION/
PETITION ACCEPTANCE (FORM G-1145)

APPENDIX 9-14: FLOW CHARTS FOR INTERCOUNTRY
ADOPTIONS

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 TYPES OF ADOPTION ASSISTANCE
        11.601 Title IV-E
        11.602 State-Funded Maintenance Payments
        11.603 Special Services Payments
        11.604 Nonrecurring Expense Payments

11.7 CRITERIA FOR ADOPTION ASSISTANCE PAYMENTS
        11.701 Limitations
        11.702 Procedures
        11.703 Application and Appeals

11.8 FUNDING SOURCES
        11.801 In General
        11.802 Federal Adoption Assistance
        11.803 State Adoption Assistance
        11.804 Changes to Adoption Assistance
    
11.9 VIRGINIA ENHANCED MAINTENANCE ASSESSMENT
TOOL (VEMAT)

11.10 INTERSTATE COMPACTS FOR MEDICAL ASSISTANCE

11.11 PROS AND CONS

APPENDIX 11: SPECIAL NEEDS ADOPTIONS

APPENDIX 11-1: SPECIAL NEEDS ADOPTION ASSISTANCE
AGREEMENT

CHAPTER 12: CHILDREN BORN USING ASSISTED
REPRODUCTIVE TECHNOLOGY

12.1 BIRTH BY ASSISTED REPRODUCTIVE TECHNOLOGIES
IN VIRGINIA
        12.101 In General
        12.102 Gamete Donation
        12.103 Surrogacy and Gestational Carrier Arrangements
        12.104 Relevant Guidelines
        12.105 Special Issues in Representing Foreign Clients

12.2 HISTORY OF VIRGINIA’S LIMITED CASE LAW

12.3 CONCLUSION

APPENDIX 12: CHILDREN BORN USING ASSISTED
REPRODUCTIVE TECHNOLOGY

APPENDIX 12-1: SAMPLE SURROGATE CONSENT AND
REPORT FORMS

CHAPTER 13: LEGAL EFFECTS OF ADOPTION: ADOPTION
AND INHERITANCE


13.1 OVERVIEW

13.2 CURRENT VIRGINIA STATUTES
        13.201 Adopted Person Inheriting from Adoptive Parent
        13.202 Termination of Rights of Birth Parents
        13.203 Residual Rights of Adopted Person in Birth Parent’s
        Estate

13.3 RECENT VIRGINIA CASE LAW

APPENDIX 13: LEGAL EFFECTS OF ADOPTION: ADOPTION AND
INHERITANCE

APPENDIX 13-1: KUMMER v. DONAK

CHAPTER 14: THE INDIAN CHILD WELFARE ACT

14.1 OVERVIEW

14.2 POLICY OF THE ACT

14.3 MEMBERSHIP REQUIREMENTS

14.4 JURISDICTION

14.5 PREEMPTION OF STATE LAW

14.6 TRIBAL RESOLUTIONS

14.7 ICWA PROCEDURAL REQUIREMENTS FOR VOLUNTARY
PLACEMENTS
        14.701 In General
        14.702 Expanded Rights and Requirements

14.8 ICWA STRATEGIES

14.9 NEW REGULATORY PROVISIONS AND GUIDELINES TO
THE INDIAN CHILD WELFARE ACT

APPENDIX 14: INDIAN CHILD WELFARE ACT

APPENDIX 14-1: ICWA CONSENT FORM

APPENDIX 14-2: ICWA JUDICIAL CERTIFICATION FORM

APPENDIX 14-3: PETITION TO THE JUVENILE COURT TO
ACCEPT CONSENT AND TRANSFER CUSTODY

APPENDIX 14-4: JUVENILE COURT ORDER CONFIRMING
CONSENTS AND GRANTING CUSTODY TO ADOPTIVE
PARENTS

APPENDIX 14-5: TRIBAL COUNCIL RESOLUTION APPROVING
ADOPTION

CHAPTER 15: ACCESS TO ADOPTION RECORDS

15.1 IN GENERAL

15.2 ACCESS BY ADOPTED PERSON
        15.201 In General
        15.202 Parental Placement Adoptions After July 1, 1994
        15.203 Medical, Psychological, or Genetic Information

15.3 ACCESS BY ADOPTIVE PARENTS OR LEGAL CUSTODIAN
FOR ADOPTIONS AFTER JULY 1, 1994

15.4 ACCESS BY BIRTH FAMILY
        15.401 In General
        15.402 Parental Placement Adoptions After July 1, 1994
        15.403 Parental or Agency Placements After July 1, 1994

15.5 AGENCY INVOLVEMENT

15.6 POST-ADOPTION CONTACT AND COMMUNICATION
AGREEMENTS

CHAPTER 16: ETHICAL ISSUES

16.1 CONFLICT OF INTEREST
        16.101 In General
        16.102 Conflict Between Adoptive Parents and Birth Parents
        16.103 Conflict Between Adoptive Parents
        16.104 Conflict Between Adoptive Parents and Adoptee
        16.105 Conflict Between Adoptive Parent and Former Spouse
        16.106 Conflict Between Birth Mother and Her Present
        Spouse
        16.107 Conflict Between Birth Parents
        16.108 Birth Parents’ Attorney Fees Paid by Adoptive
        Parents
        16.109 Conflict Between Agency and Adoptive Parents or
        Birth Parents
        16.110 Client Confidences When Representing Birth Parents
        16.111 Best Interests of the Child

16.2 UNAUTHORIZED PLACEMENT; EXCHANGE OF
PROHIBITED PROPERTY

16.3 CONFLICT OF BUSINESS INTEREST

16.4 REPRESENTATION AS GUARDIAN AD LITEM

CHAPTER 17: FEES AND COSTS

17.1 HOME STUDY COSTS

17.2 ATTORNEY FEES

17.3 FILING FEES AND OTHER COSTS

17.4 ADDITIONAL COSTS
        17.401 Order of Publication
        17.402 Travel
        17.403 Birth Parents’ Expenses
        17.404 Child’s Health Care Costs
        17.5 INCOME TAX CREDITS AND EXEMPTIONS

CHAPTER 18: COMMON CHALLENGES AND HOW TO
AVOID THEM


18.1 DISRUPTION OF PLACEMENT
        18.101 In General
        18.102 Assessing the Birth Parents
        18.103 Inclusion of All Parties
        18.104 Qualifications of Adoption Social Worker

18.2 THE INDIAN CHILD WELFARE ACT

18.3 COURTROOM PRACTICE

TABLE OF AUTHORITIES

INDEX


Authors

Editors

Colleen M. Quinn, Locke & Quinn / Richmond (Expand/Collapse Bio)

Colleen M. Quinn, co-editor of this book, author of Chapter 12, and co-author of Chapters 1 through 8, 10, 11, and 14 through 18, has represented thousands of adopting parents, birth parents, adoptees, agencies, intended parents, surrogates, gestational carriers, donors, and clinics since 1989. After graduating from the College of William and Mary and UVA Law School, Ms. Quinn clerked for the Chief Justice of the Virginia Supreme Court, The Hon. Harry L. Carrico. She is a Fellow and Past-President (2016-2017) of the Academy of Adoption & Assisted Reproduction Attorneys (“AAAA”), formerly the American Academies of Adoption and of Assisted Reproductive Technology Attorneys (“AAAA” and “AAARTA”), serving on the Board of Trustees (2006-2010, 2013-2018) and on the Family Formation Charitable Trust Board (2016-2018). For AAAA, she served as Treasurer (2018), Chair of the Finance, Revenue, Awards, and Investment Committees, Grievance Chair (2015-2016), Webinar Chair (2013-2015), and published the AAAA “Representing Birth Parents Handbook” (2003). She was also a member of the AAARTA Executive Council and served as Membership Chair (2009-2015), as 2011 Mid-Year Conference Chair and 2007 Annual Convention Chair, is an AAARTA Founder (2009), was on the ARTS Committee (2006-2009), and chaired the Birth Parent Representation Committee (1999-2003). She serves or has served as program chair and speaker for numerous adoption and ART seminars and programs; has appeared as an expert witness in adoption law and in surrogacy law cases; served as a certified guardian ad litem; is a Fellow of Litigation Counsel of America, a member of the LGBT Bar Family Law Institute, VEBA, the ABA ART, Adoption and Alternative Families Committees, ASRM, RESOLVE, AAJ, RBA, VSB, and VTLA (serving as Chair/Co- Chair for many Committees).

Ms. Quinn is a partner and equity owner in the firm of Locke & Quinn, which was winner of the Trial Lawyers Board of Regents 2015 Litigator Award featured on CNN and awarded Best Law Firms in America (2015-2019). Ms. Quinn was a recipient of an “AV” rating by both her peers and the judiciary, the highest given, by Martindale Hubbell. She founded the Raising the Bar Law Talk Show, the Adoption & Surrogacy Law Center, the Women’s Injury Law Center, and the QLC Intern Program. She is Past-President of the Richmond Chapter of National Association of Women Business Owners (NAWBO), Past-Secretary of the Richmond NAWBO Foundation Board, Past- Chairman of the Richmond Women’s Business Consortium, Past-President of the Metropolitan Richmond Women’s Bar Association, and has served or presently serves on the Virginia Law Foundation Board, Virginia Family Law Coalition, Creating a Family Board, United Way Women’s Leadership Council, Girl Scouts of Virginia Board (Treasurer/Finance Chair), Richmond YWCA Board (prior Advisory Council and President), American Heart Association Go Red for Women Executive Leadership Team and CorVitae, VSDV Action Alliance, Petersburg Domestic Violence Task Force, and Cancer LINC and is a 1996 graduate of Leadership Metro Richmond. She is a lifetime Girl Scout member and, in her spare time, scuba dives, plays tennis, mountain bikes, cycles, and teaches aerobics.

For her work, Ms. Quinn has been named as one of the 2019 VLW Influential Women in Law in Virginia (inaugural class), top “Women Leader in the Law” in Family Law and Personal Injury (2016-2018) by Legal Leaders-American Lawyer and The National Law Journal, “Best Lawyers in America” (2014- 2019), U.S. News & World Report, “Adoption Attorney of the Year” by Lawyers Monthly magazine (2018), recipient of the AAAA President’s Award (2018), MRWBA Women of Achievement Award (2017), Richmond NAWBO “Entrepreneur of the Year” award (2016), Virginia State Bar Family Law Service Award (2015), “Top 100 Trial Lawyers” by The National Trial Lawyers (2012-2018), YWCA Outstanding Woman Award for Law & Government (2011), “Hats Off to Women Award” by ABWA Cavalier Chapter (2011), a “Super Lawyer” by Richmond magazine (2006-2018) Top 100 (2012, 2013), 2019)/Top 50 (2011) in Virginia, Top 50 (2012-2019)/Top 25 (2010, 2011) Female in Virginia, and Top 50 (2013)/Top 25 (2012, 2013, 2019) in Richmond, by Virginia Business magazine as Virginia’s “Legal Elite” (2005, 2010-2017), a “Leader in the Law” by Virginia Lawyer’s Weekly (2009), and the Congressional CCAI “Angels in Adoption” award (2008).

Barbara C. Jones / Clifton (Expand/Collapse Bio)

Barbara C. Jones, co-editor of this book and co-author of Chapters 1 through 8, 10, 11, and 14 through 18 is a solo practitioner who has been licensed to practice in Virginia since 1988. She specializes in adoption law including direct parental placement adoptions, agency finalizations, re-adoptions, adoption finalizations for internationally born children, stepparent adoptions, grandparent and relative adoptions, adult adoptions, and interstate adoptions. She represents adoptive parents, birth parents, legal guardians, and children and assists various counties and cities in the commonwealth with the finalizations of the adoptions for children who have been placed from foster care. She serves as counsel to licensed child-placing agencies and adoption-related associations. Ms. Jones earned a B.A. in Sociology from Albion College and a J.D. from George Mason University.

Mrs. Jones is a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys, a not-for-profit fellowship of attorneys, judges, and law professors in the United States and around the world, who maintain their practices according to the highest standards of professionalism, competence, and ethics; she is a member of the Christian Legal Society.

Mrs. Jones served as a member of the Joint Subcommittee appointed by the Virginia General Assembly to provide a comprehensive review of Virginia’s adoption laws and policies in 2005, which resulted in over one hundred changes to the commonwealth’s adoption laws; she served for 30 years as a guardian ad litem certified by the Supreme Court of Virginia; serves as a consultant for pregnancy crisis centers; and teaches and speaks at adoption seminars and programs.

Mrs. Jones was a recipient of the Angel in Adoption Award from The Congressional Coalition on Adoption Institute in 2011 and named “Top Lawyer” by Northern Virginia Magazine.

Authors

Karen Stoutamyer Law, Law Offices of Karen S. Law, PLC / Ashburn (Expand/Collapse Bio)

Karen Stoutamyer Law, author of Chapter 9, practices law in Northern Virginia. Her practice is limited to adoption and immigration law for adopted children. She graduated from the University of Pennsylvania Law School in 1985. She is a fellow of the Academy of Adoption and Assisted Reproduction Attorneys and a member of the American Immigration Lawyers Association, the Virginia Women Attorneys Association, and the Loudoun Bar Association. She was designated as a 2013 Angel in Adoption by the Congressional Coalition on Adoption.

Ms. Law assists clients with adoption overview planning, direct parental placement adoptions, agency finalizations, foster care finalizations, relative adoptions and re-adoptions, family based immigration filings, orphan visa petitions, Hague Convention adoption consultations and filings, SIJS applications, and United States citizenship filings. She has been certified by the Virginia Supreme Court as guardian ad litem to represent the interests of children in adoptions throughout the commonwealth. She often speaks at community events and national conferences and has co-authored numerous articles on intercountry adoption. She has traveled with her family to work in orphanages throughout the world, including South Africa, Nicaragua, Mexico, and Jamaica.

Thomas G. Nolan, Wills, Trusts & Estates, PLC / Charlottesville (Expand/Collapse Bio)

Thomas G. Nolan, author of Chapter 13, is the founder and sole member of Virginia Wills, Trusts & Estates. He provides legal services and advice related to estate planning, the probate system, the settling of estates, estate and gift taxation, and infant and adult adoptions. He has an AV rating from Martindale-Hubbell and has practiced law in Charlottesville since 1987.

Mr. Nolan is active in a number of professional organizations related to his areas of practice. He is a past Chairman of the Wills, Trusts & Estates Section of The Virginia Bar Association and remains active on the section’s Legislative Committee. He is a Fellow of the American College of Trust and Estate Counsel and a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys. Mr. Nolan has been a guest speaker each year since 2005 at the Annual Advanced Estate Planning and Administration Seminar sponsored by The Virginia Bar Association and Virginia CLE.

Mr. Nolan received his B.A. from the University of Virginia in 1978 and his J.D. from the University of Virginia School of Law in 1982. He lives in Albemarle County with his wife Jane and their two children.

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Adoption Procedures and Forms: A Guide for Virginia Lawyers

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