Overview
Original Birth Certificates. Virginia is a Restricted State. Release of an original birth record to the adult adopted person requires either a) a state agency’s decision to release identifying information upon good cause shown; or b) a court order upon good cause shown.
How It Works. Virginia has implemented a complicated two-step process for adopted people who attempt to obtain identifying information, which could lead to the release of the adoptee’s original birth certificate. Adopted people who are at least 18 years of age must first request identifying information from the Virginia Department of Social Services, which investigates the matter (or, more likely, refers the case to the adoption agency that handled the adoption, which will search for a birthparent to consent to release information). The department has final say on the release of identifying information, though it is likely to be released if the birthparent consents to release. The commissioner may also release identifying information upon a showing of “good cause,” which is defined as a “showing of a compelling and necessitous need for the identifying information.”
If denied identifying information, an adult adopted person may apply for court review of a commissioner’s denial of release. In such cases, the adoptee and the commissioner’s representative may present evidence and the court may also require the adoptee and the commissioner to notify any known adoptive or birth parents. In determining if the adoptee has shown good cause for the release of identifying information, the court “shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth parents.” The process is similar even in cases where a birth parent cannot be found or if a birth parent is deceased.
Only after a circuit court or the commissioner has released identifying information may the adult adoptee request and obtain the original birth certificate from the state registrar.
Parental Placement Adoptions. For “parental placement adoptions” (i.e., a type of non-agency adoption) after July 1, 1994, the entire adoption file is available to an adult adopted person who is at least 18 years of age.
Court Records. After a final order of adoption, the clerk of court forwards all orders and reports in the case to the Department of Social Services, where they are permanently retained. Nonidentifying information may be available to the adult adopted person by request to the department, though home studies are unavailable while the adoptive parents are still alive. Release of any identifying information in the department’s possession is governed by the complex process described above.
State Agency Manual. The state agency that oversees adoptions in Virginia regularly publishes guidance manuals on various adoption-related issues, including post-adoption disclosure of information. The most recent manual for the Adoption Disclosure Process is available here and outlines the complexity and intrusiveness of its system.
Descendant Rights. Descendants of the adopted person do not have any specific rights to obtain the adopted person’s birth record or identifying information. The State of Virginia has contracted with Ancestry.com to index the vital records for the state’s births, deaths, marriages, and divorces. Those indexes are now available online without the need for a proprietary or paid account. They do not contain information on records that are sealed and unavailable for release.
Adult Adoption. Virginia law provides for the adoption of adults, though with limitations. An adult may adopt “any person eighteen years of age or older, for good cause shown, provided that the person to be adopted is at least fifteen years younger than the petitioner and the petitioner and the person to be adopted have known each other for at least one year prior to the filing of the petition for adoption.”
Virginia Law: Vital Records and Birth Certificates
Relevant parts of Virginia’s vital records law. The entire Virginia vital records statute is available here.
§ 32.1-258. Report of foundling; constitutes birth certificate
A. Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the Board within seven days to the registrar of the county or city in which such child was found, the following information:
1. The date and place of finding;
2. Sex, race and approximate birth date of such child;
3. Name and address of the persons or institution with whom such child has been placed for care;
4. Name given to such child by the custodian of the child; and
5. Such other data as may be required by the Board.
B. The place where such child was found shall be entered as the place of birth.
C. A report registered under this section shall constitute the certificate of birth for such infant.
D. If such child is identified and a certificate of birth is found or obtained, any report registered under this section shall be sealed and filed and may be opened only by order of a circuit court of the Commonwealth or in accordance with subdivision A 7 of § 32.1-252.
Chapter 7 § 32.1-261. New birth certificate established on proof of adoption, legitimation or determination of paternity
A. The State Registrar shall establish a new certificate of birth for a person born in the Commonwealth upon receipt of the following:
1. An adoption report as provided in § 32.1-262, a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person if 18 years of age or older.
2. A request that a new certificate be established and such evidence as may be required by regulation of the Board proving that such person has been legitimated or that a court of the Commonwealth has, by final order, determined the paternity of such person. The request shall state that no appeal has been taken from the final order and that the time allowed to perfect an appeal has expired.
3. An order entered pursuant to subsection D of § 20-160. The order shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.
4. A surrogate consent and report form as authorized by § 20-162. The report shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.
5. Upon request of a person and in accordance with requirements of the Board, the State Registrar shall issue a new certificate of birth to show a change of sex of the person and, if a certified copy of a court order changing the person’s name is submitted, to show a new name. Requirements related to obtaining a new certificate of birth to show a change of sex shall include a requirement that the person requesting the new certificate of birth submit a form furnished by the State Registrar and completed by a health care provider from whom the person has received treatment stating that the person has undergone clinically appropriate treatment for gender transition. Requirements related to obtaining a new certificate of birth to show a change of sex shall not include any requirement for evidence or documentation of any medical procedure.
6. Nothing in this section shall deprive the circuit court of equitable jurisdiction to adjudicate, upon application of a person, that the sex of such person residing within the territorial jurisdiction of the circuit court has been changed. In such an action, the person may petition for the application of the standard of the person’s jurisdiction of birth; otherwise, the requirements of this section shall apply.
B. When a new certificate of birth is established pursuant to subsection A, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity or legitimation shall be sealed and filed and not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252. However, upon receipt of notice of a decision or order granting an adult adopted person access to identifying information regarding his birth parents from the Commissioner of Social Services or a circuit court [see § 63.2-1246], and proof of identification and payment, the State Registrar shall mail an adult adopted person a copy of the original certificate of birth.
C. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.
D. Upon receipt of notice or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252.
E. The State Registrar shall, upon request, establish and register a Virginia certificate of birth for a person born in a foreign country (i) upon receipt of a report of adoption for an adoption finalized pursuant to the laws of the foreign country as provided in subsection B of § 63.2-1200.1, or (ii) upon receipt of a report or final order of adoption entered in a court of the Commonwealth as provided in § 32.1-262; however, a Virginia certificate of birth shall not be established or registered if so requested by the court decreeing the adoption, the adoptive parents or the adopted person if 18 years of age or older. If a circuit court of the Commonwealth corrects or establishes a date of birth for a person born in a foreign country during the adoption proceedings or upon a petition to amend a certificate of foreign birth, the State Registrar shall issue a certificate showing the date of birth established by the court. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252. The birth certificate shall (i) show the true or probable foreign country of birth and (ii) state that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. However, for any adopted person who has attained United States citizenship, the State Registrar shall, upon request and receipt of evidence demonstrating such citizenship, establish and register a new certificate of birth that does not contain the statement required by clause (ii).
F. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the State Registrar as provided in § 32.1-259 or 32.1-260 before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required.
G. When a new certificate of birth is established pursuant to subdivision A 1, the State Registrar shall issue along with the new certificate of birth a document, furnished by the Department of Social Services pursuant to § 63.2-1220, listing all post-adoption services available to adoptive families.
§ 32.1-262. Records of adoptions
A. For each adoption decreed by a court in this Commonwealth, the court shall require the preparation of a report of adoption on a form furnished by the State Registrar. The report shall (i) include such facts as are necessary to locate and identify the original certificate of birth of the person adopted or, in the case of a person who was born in a foreign country, evidence from sources determined to be reliable by the court as to the date, place of birth and parentage of such person; (ii) provide information necessary to establish a new certificate of birth of the person adopted; and (iii) identify the order of adoption and be certified by the clerk of court.
B. Information in the possession of the petitioner necessary to prepare the report of adoption shall be furnished with the petition for adoption by each petitioner for adoption or by his attorney. In all cases where a child is placed for adoption by a child-placing agency, the report shall be completed and filed with the court by a representative of the agency. A final order of adoption shall not be entered until the information required by this section has been furnished unless the court, for good cause shown, finds the information to be unavailable or unnecessary.
C. On or before the tenth day of each month, the clerk of such court shall forward to the State Registrar all records of decrees of adoption entered in the preceding calendar month, together with such related reports as the State Registrar may require.
D. When the State Registrar receives a report of adoption, annulment of adoption, amendment, or amendment of a decree of adoption for a person born outside this Commonwealth, such report shall be forwarded to the appropriate registration authority in the state of birth. When the State Registrar receives a report of adoption from a court in this Commonwealth for a person born in a foreign country, a birth certificate shall be registered for such person in accordance with the provisions of § 32.1-261, and a copy of the report of adoption shall be transmitted to the appropriate federal agency.
Virginia Law: Adoption Court Records and Information
Relevant parts of Virginia adoption law related to court records and identifying or non-identifying information. The entire Virginia adoption statute is available here, including separate sections for agency adoptions and parental placement adoptions.
§ 63.2-1220. Issuance of birth certificates for children adopted in the Commonwealth
For the purpose of securing a new birth certificate for a child adopted pursuant to the laws of the Commonwealth, the procedures set forth in § 32.1-262 shall be followed. The Department shall furnish a document listing all post-adoption services available to adoptive families to the State Registrar of Vital Records for distribution to adoptive parents pursuant to § 32.1-261.
The Department of Social Services shall update annually and make available on its website the document listing all post-adoption services available to adoptive families pursuant to this section.
§ 63.2-1220.01. Foreign adoptions; establishment of date of birth
A circuit court may, as part of a proceeding for the adoption of a child born in a foreign country or upon petition to amend a certificate of birth for a person born in a foreign country, correct or establish a date of birth for such person. In cases in which adoptive parents are unable to ascertain the date of birth of the child or in which medical evidence indicates that the stated date of birth of the child is incorrect, the court may establish a corrected date of birth based on medical evidence of the child’s actual age and the State Registrar of Vital Records shall issue a certificate of birth pursuant to § 32.1-261 showing the date of birth established by the court.
§ 63.2-1246. Disposition of reports; disclosure of information as to identity of birth family
Upon the entry of a final order of adoption or other final disposition of the matter, the clerk of the circuit court in which it was entered shall forthwith transmit to the Commissioner all reports made in connection with the case, and the Commissioner shall preserve such reports and all other collateral reports, information and recommendations in a separate file. Except as provided in subsections C, D and E of § 63.2-1247, nonidentifying information from such adoption file shall not be open to inspection, or be copied, by anyone other than the adopted person, if eighteen years of age or over, or licensed or authorized child-placing agencies providing services to the child or the adoptive parents, except upon the order of a circuit court entered upon good cause shown. However, if the adoptive parents, or either of them, is living, the adopted person shall not be permitted to inspect the home study of the adoptive parents unless the Commissioner first obtains written permission to do so from such adoptive parent or parents.
No identifying information from such adoption file shall be disclosed, open to inspection or made available to be copied except as provided in subsections A, B and E of § 63.2-1247 or upon application of the adopted person, if eighteen years of age or over, to the Commissioner, who shall designate the person or agency that made the investigation to attempt to locate and advise the birth family of the application. The designated person or agency shall report the results of the attempt to locate and advise the birth family to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents, and the birth family. The adopted person and the birth family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the birth family within thirty days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person’s or agency’s report, the adopted person may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency that made the investigation. “Good cause” when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.
An eligible adoptee who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the adoptee resides or (ii) the circuit court of the county or city where the central office of the Department is located. An eligible adoptee who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the Department is located.
If the identity and whereabouts of the adoptive parents and the birth parents are known to the person or agency, the circuit court may require the person or agency to advise the adoptive parents and the birth parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the circuit court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth parents. The adopted person and the birth family may submit to the circuit court, and the circuit court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.
When consent of the birth parents is not obtainable, due to the death of the birth parents or mental incapacity of the birth parents, the Commissioner shall, upon application of the adult adopted person and a showing of good cause, disclose the identifying information to the adult adopted person. If the Commissioner denies disclosure of the identifying information, the adult adopted person may apply to the circuit court for an order to disclose such information and the circuit court may release identifying information to the adult adopted person. In making this decision, the circuit court shall consider the needs and concerns of the adopted person and the birth family if such information is available, the actions the agency took to locate the birth family, the information in the agency’s report and the recommendation of the agency.
The Commissioner, person or agency may charge a reasonable fee to cover the costs of processing requests for nonidentifying information.
Upon entry of a final order of adoption or other final disposition of a matter involving the placement of a child by a licensed child-placing agency or a local board or an investigation by the local director of a placement for adoption of a child, the agency or local board shall transmit to the Commissioner all reports and collateral information in connection with the case, which shall be preserved by the Commissioner in accordance with this section.
§ 63.2-1247. Disclosure to birth family; adoptive parents; medical, etc., information; exchange of information; open records in parental placement adoptions
A. Where the adoption is finalized on or after July 1, 1994, and the adopted person is twenty-one years of age or over, the adopted person’s birth parents and adult birth siblings may apply to the Commissioner for the disclosure of identifying information from the adoption file. The Commissioner shall designate the person or agency that made the investigation to attempt to locate and advise the adopted person of the application. The designated person or agency shall report the results of the attempt to locate and advise the adopted person to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents, and the birth family. The adopted person and the birth family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the adopted person within thirty days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person’s or agency’s report, the birth parents or adult birth siblings, whoever applied, may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency that made the investigation. “Good cause” when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.
A birth parent or adult birth sibling who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the birth parent or adult birth sibling resides or (ii) the circuit court of the county or city where the central office of the Department is located. A birth parent or adult birth sibling who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the Department is located.
If the identity and whereabouts of the adopted person and adoptive parents are known to the person or agency, the circuit court may require the person or agency to advise the adopted person and adoptive parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the circuit court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth family. The adopted person and the birth family may submit to the circuit court, and the circuit court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.
When consent of the adopted person is not obtainable, due to the death or mental incapacity of the adopted person, the circuit court may release identifying information to the birth parents or adult birth siblings. In making this decision, the circuit court shall consider the needs and concerns of the birth parents or adult birth siblings and the adoptive family if such information is available, the actions the agency took to locate the adopted person, the information in the agency’s report and the recommendation of the agency.
B. Where the adoption is finalized on or after July 1, 1994, and the adopted person is under eighteen years of age, the adoptive parents or other legal custodian of the child may apply to the Commissioner for the disclosure of identifying information about the birth family. The Commissioner shall designate the person or agency that made the investigation to attempt to locate and advise the birth family of the application. The designated person or agency shall report the results of the attempt to locate and advise the birth family to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents or other legal custodian, and the birth family. The adoptive parents, legal custodian and birth family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the birth family within thirty days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person’s or agency’s report, the adoptive parents or legal custodian, whoever applied, may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency that made the investigation. “Good cause” when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.
An adoptive parent or legal custodian who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the adoptive parent or legal custodian resides or (ii) the circuit court of the county or city where the central office of the Department is located. An adoptive parent or legal custodian who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the Department is located.
If the identity and whereabouts of the birth parents are known to the person or agency, the circuit court may require the person or agency to advise the birth parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the circuit court shall consider the relative effects of such action upon the adopted person, the adoptive parents or legal custodian and the birth parents. The birth family may submit to the circuit court, and the circuit court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.
When consent of the birth family is not obtainable, due to the death of the birth parents or mental incapacity of the birth parents, the circuit court may release identifying information to the adoptive parents or legal custodian. In making this decision, the circuit court shall consider the needs and concerns of the adoptive parents or legal custodian and the birth family if such information is available, the actions the agency took to locate the birth family, the information in the agency’s report and the recommendation of the agency.
C. In any case where a physician or licensed mental health provider submits a written statement, in response to a request from the adult adoptee, adoptive parent, birth parent or adult birth siblings, indicating that it is critical that medical, psychological or genetic information be conveyed, and states clearly the reasons why this is necessary, the agency that made the investigation shall make an attempt to inform the adult adoptee, adoptive parents, birth parents or adult birth siblings, whichever is applicable, of the information. The Commissioner shall provide information from the adoption record to the searching agency if necessary to facilitate the search. Confidentiality of all parties shall be maintained by the agency.
D. In cases where at least one of the adoptive parents and one of the birth parents agree in writing to allow the agency involved in the adoption to exchange nonidentifying information and pictures, the agency may exchange this information with such adoptive parents and birth parents when the whereabouts of the adoptive parents and birth parents is known or readily accessible. Such agreement may be entered into or withdrawn by either party at any time or may be withdrawn by the adult adoptee.
E. In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is eighteen years of age or older, and a birth parent who executed a written consent to the adoption.
Virginia Law: Adoption Generally
Relevant parts of Virginia adoption law. The entire Virginia adoption statute is available here, including separate sections for agency adoptions and parental placement adoptions.
§ 63.2-1200. Who may place children for adoption
A child may be placed for adoption by:
1. A licensed child-placing agency;
2. A local board;
3. The child’s parent or legal guardian if the placement is a parental placement; and
4. Any agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates.
§ 63.2-1200.1. Recognition of foreign adoption; issuance of birth certificates
A. Any adoption of a child who was born in a foreign country and who was not a citizen of the United States at the time of birth shall, subject to the provisions of subsection D of § 63.2-1201.1, be recognized by the Commonwealth and the rights and obligations of the parties shall be determined as though the order of adoption was entered by a court of the Commonwealth if the adoption was finalized pursuant to the laws of the country from which the child was adopted, and the child was admitted to the United States with an IR-3 or IH-3 visa issued by the United States Citizenship and Immigration Services. In such cases, the adoptive parents shall not be required to readopt the child in Virginia.
B. In cases in which an adoption of a child was finalized pursuant to the laws of a foreign country and the child was admitted to the United States with an IR-3 or IH-3 visa, the adoptive parents, if residents of the Commonwealth at the time the adoption was finalized, may submit a report of adoption to the State Registrar of Vital Records on a form furnished by the State Registrar, which shall (i) include evidence as to the date, place of birth, and parentage of the adopted person; (ii) provide information necessary to establish a new certificate of birth for the adopted person; (iii) include a certified or notarized copy of the final order of adoption entered by the foreign court, together with a certified translation or a notarized copy of a certified translation of the final order of adoption in cases in which the original order is not in English; and (iv) include an affidavit from the adoptive parents indicating that they are receiving supervision from a licensed or approved child-placing agency in the United States or have received supervision from a licensed or approved child-placing agency in the United States and have satisfied all post-adoption requirements as required by the foreign country from which the child was adopted. Upon receipt of a report pursuant to this subsection, the State Registrar shall establish a new certificate of birth for the adopted person, and such certificate of birth shall be registered in accordance with the provisions of § 32.1-261.
§ 63.2-1202. Parental, or agency, consent required; exceptions
A. No petition for adoption shall be granted, except as hereinafter provided in this section, unless written consent to the proposed adoption is filed with the petition. Such consent shall be in writing, signed under oath and acknowledged before an officer authorized by law to take acknowledgments. The consent of a birth parent for the adoption of his child placed directly by the birth parent shall be executed as provided in § 63.2-1233, and the circuit court may accept a certified copy of an order entered pursuant to § 63.2-1233 in satisfaction of all requirements of this section, provided the order clearly evidences compliance with the applicable notice and consent requirements of § 63.2-1233.
B. A birth parent who has not reached the age of 18 shall have legal capacity to give consent to adoption and perform all acts related to adoption, and shall be as fully bound thereby as if the birth parent had attained the age of 18 years.
C. Consent shall be executed:
1. By the birth mother and by any man who:
a. Is an acknowledged father under § 20-49.1;
b. Is an adjudicated father under § 20-49.8;
c. Is a presumed father under subsection D; or
d. Has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.).
Verification of compliance with the notice provisions of the Virginia Birth Father Registry shall be provided to the court.
2. By the child-placing agency or the local board having custody of the child, with right to place him for adoption, through court commitment or parental agreement as provided in § 63.2-900, 63.2-903, or 63.2-1221; or an agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates; and
3. By the child if he is 14 years of age or older, unless the circuit court finds that the best interests of the child will be served by not requiring such consent.
D. A man shall be presumed to be the father of a child if:
1. He and the mother of the child are married to each other and the child is born during the marriage;
2. He and the mother of the child were married to each other and the child is born within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce; or
3. Before the birth of the child, he and the mother of the child married each other in apparent compliance with the law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.
Such presumption may be rebutted by sufficient evidence that would establish by a preponderance of the evidence the paternity of another man or the impossibility or improbability of cohabitation with the birth mother for a period of at least 300 days prior to the birth of the child.
E. No consent shall be required of a birth father if he denies under oath and in writing the paternity of the child. Such denial of paternity may be withdrawn no more than 10 days after it is executed. Once the child is 10 days old, any executed denial of paternity is final and constitutes a waiver of all rights with respect to the adoption of the child and cannot be withdrawn.
F. No consent shall be required of the birth father of a child when the birth father is convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, and the child was conceived as a result of such violation.
G. No notice or consent shall be required of any person whose parental rights have been terminated by a court of competent jurisdiction, including foreign courts that have competent jurisdiction. No notice or consent is required of any birth parent of a child for whom a guardianship order was granted when the child was approved by the United States Citizenship and Immigration Services for purposes of adoption.
H. No consent shall be required of a birth parent who, without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption or the filing of a petition to accept consent to an adoption. The prospective adoptive parent(s) shall establish by clear and convincing evidence that the birth parent(s), without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption or the filing of a petition to accept consent to an adoption. This provision shall not infringe upon the birth parent’s right to be noticed and heard on the allegation of abandonment. For purposes of this section, the payment of child support, in the absence of other contact with the child, shall not be considered contact.
I. A birth father of the child may consent to the termination of all of his parental rights prior to the birth of the child.
J. The failure of the nonconsenting party to appear at any scheduled hearing, either in person or by counsel, after proper notice has been given to said party, shall constitute a waiver of any objection and right to consent to the adoption.
K. If a birth parent, legal guardian, or prospective adoptee, executing a consent, entrustment, or other documents related to the adoption, cannot provide the identification required pursuant to § 47.1-14, the birth parent, legal guardian, or prospective adoptee may execute a self-authenticating affidavit as to his identity subject to the penalties contained in § 63.2-1217.
L. A legal custodian of a child being placed for adoption, and any other named parties in pending cases in which the custody or visitation of such child is at issue, whether such case is in a circuit or district court, shall be entitled to proper notice of any adoption proceeding and an opportunity to be heard.
§ 63.2-1204. When consent is revocable; fraud or duress; mutual consent
Parental consent to an adoption or an entrustment agreement not yet finalized by the court, shall be revocable prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents or the child-placing agency.
§ 63.2-1205. Best interests of the child; standards for determining
In determining whether the valid consent of any person whose consent is required is withheld contrary to the best interests of the child, or is unobtainable, the circuit court or juvenile and domestic relations district court, as the case may be, shall consider whether granting the petition pending before it would be in the best interest of the child. The circuit court or juvenile and domestic relations district court, as the case may be, shall consider all relevant factors, including the birth parent(s)’ efforts to obtain or maintain legal and physical custody of the child; whether the birth parent(s) are currently willing and able to assume full custody of the child; whether the birth parent(s)’ efforts to assert parental rights were thwarted by other people; the birth parent(s)’ ability to care for the child; the age of the child; the quality of any previous relationship between the birth parent(s) and the child and between the birth parent(s) and any other minor children; the duration and suitability of the child’s present custodial environment; and the effect of a change of physical custody on the child.
§ 63.2-1206. No parental presumption after revocation period expires
If, after the expiration of the appropriate revocation period provided for in § 63.2-1223 or § 63.2-1234, a birth parent or an alleged birth parent attempts to obtain or regain custody of or attempts to exercise parental rights to a child who has been placed for adoption, there shall be no parental presumption in favor of any party. Upon the motion of any such birth parent or alleged birth parent, or upon the motion of any person or agency with whom the child has been placed, the circuit or juvenile and domestic relations district court, as the case may be, shall determine (i) whether the birth parent or alleged birth parent is a person whose consent to the adoption is required and, if so, then (ii) pursuant to § 63.2-1205, whether, in the best interest of the child, the consent of the person whose consent is required is being withheld contrary to the best interest of the child or is unobtainable.
§ 63.2-1207. Removal of child from adoptive home
When a child is placed in an adoptive home pursuant to an adoptive home placement agreement by a local board or by a licensed child-placing agency pursuant to § 63.2-1221, or by the birth parent or legal guardian of the child pursuant to § 63.2-1230, and a circuit court of competent jurisdiction has not entered an interlocutory order of adoption, such child shall not be removed from the physical custody of the adoptive parents, except (i) with the consent of the adoptive parents; (ii) upon order of the juvenile and domestic relations district court or the circuit court of competent jurisdiction; (iii) pursuant to § 63.2-904, which removal shall be subject to review by the juvenile and domestic relations district court upon petition of the adoptive parents; or (iv) upon order of the juvenile and domestic relations district court that accepted consent when consent has been revoked as authorized by § 63.2-1204 or § 63.2-1223.
When a child has been placed in an adoptive home directly by the birth parents or legal guardian of the child, the adoptive parents have been granted custody of the child pursuant to § 63.2-1233, and it becomes necessary to remove the child from the home of the adoptive parents, the juvenile and domestic relations district court entering such an order shall order that any consent given for the purposes of such placement shall be void and shall determine the custody of the child.
§ 63.2-1215. Legal effects of adoption
The birth parents, and the parents by previous adoption, if any, other than any such parent who is the husband or wife of one of the petitioners, shall, by final order of adoption, be divested of all legal rights and obligations in respect to the child including the right to petition any court for visitation with the child. Except where a final order of adoption is entered pursuant to § 63.2-1241, any person whose interest in the child derives from or through the birth parent or previous adoptive parent, including but not limited to grandparents, stepparents, former stepparents, blood relatives and family members shall, by final order of adoption, be divested of all legal rights and obligations in respect to the child including the right to petition any court for visitation with the child. In all cases the child shall be free from all legal obligations of obedience and maintenance in respect to such persons divested of legal rights. Any child adopted under the provisions of this chapter shall, from and after the entry of the interlocutory order or from and after the entry of the final order where no such interlocutory order is entered, be, to all intents and purposes, the child of the person or persons so adopting him, and, unless and until such interlocutory order or final order is subsequently revoked, shall be entitled to all the rights and privileges, and subject to all the obligations, of a child of such person or persons born in lawful wedlock. An adopted person is the child of an adopting parent, and as such, the adopting parent shall be entitled to testify in all cases civil and criminal, as if the adopted child was born of the adopting parent in lawful wedlock.
§ 63.2-1216. Final order not subject to attack after six months
After the expiration of six months from the date of entry of any final order of adoption from which no appeal has been taken to the Court of Appeals, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, for any reason, including but not limited to fraud, duress, failure to give any required notice, failure of any procedural requirement, or lack of jurisdiction over any person, and such order shall be final for all purposes.
§ 63.2-1217. Provision of false information; penalty
Any person who knowingly and intentionally provides false information in writing and under oath, which is material to an adoptive placement shall be guilty of a Class 6 felony. The Commissioner is authorized to investigate such cases and may refer the case to the attorney for the Commonwealth for prosecution.
Relevant Virginia Law: Adult Adoption
Relevant excerpts from Virginia’s adoption law related to adult adoption. The entire Virginia adult adoption statute is available here. There are also separate sections for stepparent adoptions and close relative adoptions.
§ 63.2-1243. Adoption of certain persons eighteen years of age or over
A petition may be filed in circuit court by any natural person who is a resident of this Commonwealth (i) for the adoption of a stepchild eighteen years of age or over to whom he has stood in loco parentis for a period of at least three months; (ii) for the adoption of a close relative, as defined in § 63.2-1242.1, eighteen years of age or older; (iii) for the adoption of any person eighteen years of age or older who is the birth child of the petitioner or who had resided in the home of the petitioner for a period of at least three months prior to becoming eighteen years of age; or (iv) for the adoption of any person eighteen years of age or older, for good cause shown, provided that the person to be adopted is at least fifteen years younger than the petitioner and the petitioner and the person to be adopted have known each other for at least one year prior to the filing of the petition for adoption. Proceedings in any such case shall conform as near as may be to proceedings for the adoption of a minor child under this chapter except that:
(a) No consent of either parent shall be required; and
(b) The consent of the person to be adopted shall be required in all cases.
Any interlocutory or final order issued in any case under this section shall have the same effect as other orders issued under this chapter; and in any such case the word “child” in any other section of this chapter shall be construed to refer to the person whose adoption is petitioned for under this section. The entry of a final order of adoption pursuant to this section which incorporates a change of name shall be deemed to meet the requirements of § 8.01-217.
The provisions of this section shall apply to any person who would have been eligible for adoption hereunder prior to July 1, 1972.
§ 63.2-1244. Investigation and report at discretion of circuit court; exception
For adoptions under this article, an investigation and report shall not be made unless the circuit court in its discretion so requires. If an investigation is required, the circuit court shall forward a copy of the petition and all exhibits to the local director and the provisions of § 63.2-1208 shall apply.
Here I go again by this point im going crazy is it to much to ask i want to meet my birth mom..
Hello my name is rhonda Cummins I was adopted to bertha Mae cummins rasnake deceased. ..Edward Lynn cummins. …..I was adopted 1973 my birthday 5-28-1973
Birth mother unknown. ….birth father Carlos Eugene rasnake deceased
Can you please help me all I want to do is meet my birth mom im 45 I have 2 living kids
Please email me back [email protected]. thank you
I was born at maryview hospital may 28 1973 during a hurricane. ..
My birth father never knew of my exhistance. I found my birth mother and she will not give me the information. Is this enough to appeal to the courts to grant me that information being that he never requested the adoption or the sealing of the records?
It’s hard to say, if your adoption was in Virginia, I’d go ahead and start the process to get access – petition the Dept. of Social Services — there are some fees involved.
My husband was adopted in Virginia in 1962. Through dna testing we have found his father whom is deceased. We are looking for his birth mother. Is there anyway to get original birth certificate from Virginia?
My husband was born in Virginia in 1961, adopted around 1964 or 65, and released into the foster system in California at some point afterwards. In 1977 or 78 his name was legally changed to protect him. The name change was done by either his social worker or the district attorney.
We are trying to get my husband a passport so that we can travel. We have an amended Virginia birth certificate, showing his adopted name (Manes), but no paperwork, birth certificate, or other documents linking his “new” name (Gray) to the name on the Virginia birth certificate (Manes). We have contacted the courts in California but it is unlikely we will be able to get the needed documentation, as juvenile foster records are destroyed when the foster child turns 28.
Would Virginia have a birth certificate which reflects the name change of 1977 or 78?
There may be a name change record in the county superior court in California where the change occurred. Does he know the county where the name change likely occurred (which would generally be where he resided at the time). While the agency records may have changed, there hopefully is a court record of the change, and those records shouldn’t have been destroyed. Are the courts telling you the court records are no longer available?
Thank you for your reply. I contacted the courts in San Diego county and they have no record of him under either name. They directed me to the juvenile courts and we have sent in a request for information. I am not very hopeful that we will receive any documents because of their policy of destroying foster care documents at age 28. My husband is unsure whether the adoption took place in Virginia or California; if it was in California there could possibly be some information about his name change in those records, even though his name change occurred well after the adoption was terminated.
His name was changed when he was 16 for his protection. Now we’re finding it impossible to get the documentation we need for his passport.
You can apply to get your information, but not your actual obc.
Rights of Adoptees Who are Age Eighteen & Older
Adult adoptees have the right to request and receive non-identifying background information about themselves and their birth family from their finalized adoption record.
Adult adoptees have the right to apply to the Virginia Department of Social Services for identifying information on their birth family, such as names and addresses. Good cause must be shown for the release of this information. Good cause means consent from the birth family member on whom identifying information is being sought.
Adult adoptees have the right to request that an attempt be made by the agency initially involved in the adoption, to convey critical medical, psychological, and genetic information to their birth parents or adult birth siblings. However, a physician or licensed mental health provider must certify in writing with a clear explanation as to the reasons, that it is critical that the information be conveyed. Confidentiality of all parties is to be maintained by the agency.
In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the adult adoptee may view the entire adoption record. However, any criminal record checks for the adoptive parent(s) which show a criminal record conviction cannot be released.
Being born in Virginia, but adopted in Illinois 9 months after my birth, what are the chances of getting my information?
You can apply to get your information, but not your actual obc.
Rights of Adoptees Who are Age Eighteen & Older
Adult adoptees have the right to request and receive non-identifying background information about themselves and their birth family from their finalized adoption record.
Adult adoptees have the right to apply to the Virginia Department of Social Services for identifying information on their birth family, such as names and addresses. Good cause must be shown for the release of this information. Good cause means consent from the birth family member on whom identifying information is being sought.
Adult adoptees have the right to request that an attempt be made by the agency initially involved in the adoption, to convey critical medical, psychological, and genetic information to their birth parents or adult birth siblings. However, a physician or licensed mental health provider must certify in writing with a clear explanation as to the reasons, that it is critical that the information be conveyed. Confidentiality of all parties is to be maintained by the agency.
In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the adult adoptee may view the entire adoption record. However, any criminal record checks for the adoptive parent(s) which show a criminal record conviction cannot be released
Illinois: http://www.dph.illinois.gov/topics-services/birth-death-other-records/adoption/iarmie
Need a my adoption my is Gerald James Hering my last name use to be Gerald James Anilao it is now Gerald James Hering my dad name is Terry Joseph Hering and My mother is Estherluz Anilao Hering
Need my adoption papers very important to me thank you
I Gerald James Hering need my Adoption papers because I need it to get a pass port. My Parents was Terry Joseph Hering Dad. mother was Estherluz Ramos Anilao . Be she Got Married To Terry Joseph Hering. It is now Mrs. Estherluz Anilao Hering. I am the son Of Mr. And Mrs. Terry Joseph Hering and Estherluz Anilao Hering. From Gerald James Anilao. To Gerald James Hering.
Adoption papers are very important for any personal information thank you so much very important for Gerald James Anilao to Gerald James Hering
No one needs adoption papers to get a passport.
I am a 72 year old adoptee, adopted in 1960. I have received Identifiying Information and unsealing of my adoption records including my OBC. I am looking for legal support that will allow me to request my birth family Vital Records from the State of Va. Is the legal presidence set that once a birth certificate is unsealed … that person then should be able to requests mother, father or siblings BCs. All my birth family is deceased. I see nothing in the Va. law statues that say immediate family is birth, or adoptive ONLY!
Born September 23, 1956; adopted within six months of birth in Fauquier, Virginia. Both adoptive parents deceased. Biological parents unknown.
It sounds as if there is no possibility of obtaining either the adoption paperwork, information about biological parents, or original birth certificate.
Is that assumption correct? Thank you.
Hello, my name is Pearline Hustus. I was born and raised in Portsmouth, Virginia. Social services removed me from my mama. I am trying to obtain my adoption records. I now live in Northern CA. Both my birth parents and foster parents have passed away. My question is how do I petition the court in Virginia when I live in California ? I am doing research in my DNA with Ancestry. Can you help me?
Pearline Hustus
My mother was adopted in Covington, VA. Shiela Ann Houff is her adopted name and she married Morgan T. Luck in 1968 or 1969 . Her adopted parents are Benjamin Franklin Gottlieb Houff DOD 1980’s and wife Mary Gladys Comer DOD early 1970’s. My mother was adopted around 5-7 yrs of age. She stayed with a foster woman whom she talked fondly of. My mother passed in February 2013. I am wanting to find some family history due to medical history and family history. If anyone has any information or what steps I need to take to find out I would greatly appreciate it.
Thank You
Is there anyone working to change adoption laws in Virginia? I do not want to change my adopted child’s birth certificate as I feel that is unethical to remove the biological parents names. I would like to see laws changed to allow an amendment or addendum to the birth certificate. Anyone know who to talk to about this?
So many of the comments and questions are about Virginia adoptions (including mine). Do you happen to know if anyone is leading the charge to get the laws changed in VA and how to contact them? Sounds like there’s a lot of demand in VA and I know I am happy to lend my time for the cause. Thanks!