                                 CODE OF VIRGINIA

CONSENT TO BE EXECUTED IN JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT;
EXCEPTIONS (§ 63.2-1233)

When the juvenile and domestic relations district court is satisfied that all
requirements of § 63.2-1232 have been met with respect to at least one birth
parent and the adoptive child is at least in the third calendar day of life,
that birth parent or both birth parents, as the case may be, shall execute
consent to the proposed adoption in compliance with the provisions of §
63.2-1202 while before the juvenile and domestic relations district court in
person and in the presence of the prospective adoptive parents. The juvenile and
domestic relations district court shall accept the consent of the birth
parent(s) and transfer custody of the child to the prospective adoptive parents,
pending notification to any nonconsenting birth parent, as described
hereinafter.

1. a.  The execution of consent before the juvenile and domestic relations
district court shall not be required of a birth father if the birth father
consents under oath and in writing to the adoption.
			b. The consent of a birth father who is not married to the mother of the
child at the time of the child&#8217;s conception or birth shall not be required
if the putative father named by the birth mother denies under oath and in
writing the paternity of the child or if the putative father did not register
with the Virginia Birth Father Registry pursuant to Article 7 (&#xA7; 63.2-1249
et seq.) of this chapter. If the identity of the birth father is reasonably
ascertainable, but the whereabouts of the birth father are not reasonably
ascertainable, verification of compliance with the Virginia Birth Father
Registry shall be provided to the court.			c. When a birth father is required to
be given notice, he may be given notice of the adoption by registered or
certified mail to his last known address and if he fails to object to the
adoption within 15 days of the mailing of such notice, his consent shall not be
required. An objection shall be in writing, signed by the objecting party or
counsel of record for the objecting party and shall be filed with the clerk of
the juvenile and domestic relations district court in which the petition was
filed during the business day of the court, within the time period specified in
this section. When no timely objection is filed, no hearing on this issue is
required. Failure of the objecting party to appear at any scheduled hearing,
either in person or by counsel, shall constitute a waiver of such
objection.			d. The juvenile and domestic relations district court may accept
the written consent of the birth father at the time of the child&#8217;s
conception or birth, provided that his identifying information required in
&#xA7; 63.2-1232 is filed in writing with the juvenile and domestic relations
district court of jurisdiction. Such consent shall advise the birth father of
his opportunity for legal representation, shall identify the court in which the
case was or is intended to be filed, and shall be presented to the juvenile and
domestic relations district court for acceptance. The consent may waive further
notice of the adoption proceedings and shall contain the name, address and
telephone number of the birth father&#8217;s legal counsel or an acknowledgment
that he was informed of his opportunity to be represented by legal counsel and
declined such representation. For good cause shown, the court may dispense with
the requirements regarding the filing of the birth father&#8217;s identifying
information pursuant to this subdivision 1. d.			e. In the event that the birth
mother&#8217;s consent is not executed in the juvenile and domestic relations
district court, the consent of the birth father shall be executed in the
juvenile and domestic relations district court.			f. A child born to a married
birth mother shall be presumed to be the child of her husband and his consent
shall be required, unless the court finds that the father&#8217;s consent is
withheld contrary to the best interests of the child as provided in &#xA7;
63.2-1205 or if his consent is unobtainable. The consent of such presumed father
shall be under oath and in writing and may be executed in or out of court. The
presumption that the husband is the father of the child may be rebutted by
sufficient evidence, satisfactory to the juvenile and domestic relations
district court, which would establish by a preponderance of the evidence the
paternity of another man or the impossibility or improbability of cohabitation
of the birth mother and her husband for a period of at least 300 days preceding
the birth of the child, in which case the husband&#8217;s consent shall not be
required. The executed denial of paternity by the putative father shall be
sufficient to rebut the presumption that he is the father of the child. If the
court is satisfied that the presumption has been rebutted, notice of the
adoption shall not be required to be given to the presumed father.

2. After the application of the provisions of subdivision 1, if a birth parent
is entitled to a hearing, the birth parent shall be given notice of the date and
location of the hearing and be given the opportunity to appear before the
juvenile and domestic relations district court. Such hearing may occur
subsequent to the proceeding wherein the consenting birth parent appeared but
may not be held until 15 days after personal service of notice on the
nonconsenting birth parent, or if personal service is unobtainable, 10 days
after the completion of the execution of an order of publication against such
birth parent. The juvenile and domestic relations district court may appoint
counsel for the birth parent(s). If the juvenile and domestic relations district
court finds that consent is withheld contrary to the best interests of the
child, as set forth in &#xA7; 63.2-1205, or is unobtainable, it may grant the
petition without such consent and enter an order waiving the requirement of
consent of the nonconsenting birth parent and transferring custody of the child
to the prospective adoptive parents. No further consent or notice shall be
required of a birth parent who fails to appear at any scheduled hearing, either
in person or by counsel. If the juvenile and domestic relations district court
denies the petition, the juvenile and domestic relations district court shall
order that any consent given for the purpose of such placement shall be void
and, if necessary, the court shall determine custody of the child as between the
birth parents.

3. Except as provided in subdivisions 4 and 5, if consent cannot be obtained
from at least one birth parent, the juvenile and domestic relations district
court shall deny the petition and determine custody of the child pursuant to
&#xA7; 16.1-278.2.

4. If a child has been under the physical care and custody of the prospective
adoptive parents and if both birth parents have failed, without good cause, to
appear at a hearing to execute consent under this section for which they were
given proper notice pursuant to &#xA7; 16.1-264, the juvenile and domestic
relations district court may grant the petition without the consent of either
birth parent and enter an order waiving consent and transferring custody of the
child to the prospective adoptive parents. Prior to the entry of such an order,
the juvenile and domestic relations district court may appoint legal counsel for
the birth parents and shall find by clear and convincing evidence (i) that the
birth parents were given proper notice of the hearing(s) to execute consent and
of the hearing to proceed without their consent; (ii) that the birth parents
failed to show good cause for their failure to appear at such hearing(s); and
(iii) that pursuant to &#xA7; 63.2-1205, the consent of the birth parents is
withheld contrary to the best interests of the child or is unobtainable. Under
this subdivision, the court or the parties may waive the requirement of the
simultaneous meeting under &#xA7; 63.2-1231 and the requirements of subdivisions
A 1, A 3, and A 7 of &#xA7; 63.2-1232 where the opportunity for compliance is
not reasonably available under the applicable circumstances.

5. If both birth parents are deceased, the juvenile and domestic relations
district court, after hearing evidence to that effect, may grant the petition
without the filing of any consent.

6. No consent shall be required from the birth father of a child placed pursuant
to this section when such father is convicted of a violation of subsection A of
&#xA7; 18.2-61, &#xA7; 18.2-63, subsection B of &#xA7; 18.2-366, or an
equivalent offense of another state, the United States, or any foreign
jurisdiction, or has been found by clear and convincing evidence to have engaged
in the conduct prohibited by subsection A of &#xA7; 18.2-61, &#xA7; 18.2-63, or
subsection B of &#xA7; 18.2-366, whether or not the birth father has been
charged with or convicted of the alleged violation, and the child was conceived
as a result of such violation or conduct, nor shall the birth father be entitled
to notice of any of the proceedings under this section.

7. 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 the respect to the adoption of the child and cannot be withdrawn.

8. A birth father may consent to the adoption prior to the birth of the child.

9. The juvenile and domestic relations district court shall review each order
entered under this section at least annually until such time as the final order
of adoption is entered.

10. When there has been an interstate transfer of the child in a parental
placement adoption in compliance with Chapter 10 (&#xA7; 63.2-1000 et seq.) of
this title, all matters relating to the adoption of the child including, but not
limited to, custody and parentage shall be determined in the court of
appropriate jurisdiction in the state that was approved for finalization of the
adoption by the interstate compact authorities.

HISTORY: 1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993,
cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.40;
2002, c. 747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c.
805; 2017, c. 200; 2025, c. 547.