CODE OF VIRGINIA

A. child may be placed for adoption by:

1. A licensed child-placing agency,
2. A local board of public welfare or social services,
3. The child's parent or legal guardian if the placement is a parental placement, and
4. Any agency outside the Commonwealth which is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates.

        " A licensed child-placing agency may place for adoption and is empowered by order of commitment, or an entrustment agreement between the birth parent(s) and the agency, which provides for the termination of all parental rights and responsibilities with respect to the child for the purpose of the agency placing and consenting to the adoption of such child.
        A birth parent who is less than eighteen years of age shall be deemed fully competent and shall have legal capacity to execute a valid entrustment agreement, including an agreement which provides for the termination of all parental rights and responsibilities, and shall be fully bound thereby as if such birth parent had attained the age of eighteen years. An entrustment agreement for the termination of all parental rights and responsibilities with respect to the child shall be valid notwithstanding that it is not signed by the birth father of a child born out of wedlock if the identity of the birth father is not reasonably ascertainable, or if such birth father is given notice of the entrustment by registered or certified mail to his last known address and such birth father fails to object to the entrustment within twenty-one days of the mailing of such notice. An affidavit to the birth mother that the identity of the birth father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence which would refute such an affidavit. The absence of such an affidavit shall not be deemed evidence that the identify of the birth father is reasonably ascertainable . For purposes of determining whether the identity of the birth father is reasonably, the standard of what is reasonable under the circumstances shall control, taking into account the relative interests of the child, the birth mother and the birth father.
        A valid entrustment agreement terminating all parental fights and responsibilities to the child shall be revocable by either of the birth parents until (i) the child has reached the age of twenty-five days and (ii) fifteen days have elapsed from the date of execution of the agreement. Such agreement shall divest the birth parents of all legal rights and obligations with respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them, provided that such rights and obligations may be restored to the birth parents and the child by court order prior to entry of final order of adoption upon proof of fraud or duress. In addition, a valid entrustment agreement shall be revocable by either of the birth parents if the child has not been placed in the home of adoptive parents at the time of such revocation...
        An entrustment agreement for the termination of all parental fights and responsibilities with respect to the child shall be valid notwithstanding that it is not signed by the birth father of a child when the birth father has been convicted of a violation of subsection A of 18.2-61 (Criminal Sexual Assault) or subsection B of 18.2-366 (Adultery, Fornication,or Incest), and the child was conceived as a result of such violation.
        Prior to the placement of a child for adoption, the licensed child-placing agency having custody of the child shall counsel the birth mother or, if reasonably available, both birth parents, concerning the disposition of their child...

A. The birth parent or legal guardian of a child may place his child for adoption directly with the adoptive parents of his choice. Consent to the proposed adoption shall be executed upon compliance with the provisions of this section before a juvenile and domestic relations district court of competent jurisdiction... Proceedings under this section shall be advanced on the docket so as to be heard by the court within ten days of filing the petition, or as soon thereafter as practicable so as to provide the earliest disposition.

B. The court shall not accept consent until it is determined that:

1. The birth parent(s) are aware of alternatives to adoption, adoption procedures, and opportunities for placement with other adoptive families, and that the birth parents' consent is informed and un-coerced.
2. A licensed or duly authorized child-placing agency has counseled the prospective adoptive parents with regard to alternatives to adoption, adoption procedures, including the need to address the parental rights of birth parents, the
   procedures for terminating such rights, and the opportunities for adoption of other children-, that the prospective adoptive parents' decision is informed and uncoerced; and that they intend to file an adoption petition and proceed toward a final order of adoption.
3. The birth parent(s) and adoptive parents have exchanged identifying information including but not limited to all names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the child.
4. Any financial agreement or exchange of property among the parties and any fees charged or paid for services related to the placement or adoption of the child have been disclosed to the court and that all parties understand that no binding contract regarding placement or adoption of the child exists.
5. There has been no violation of the provisions of 63.1-220.4 (acceptance of money, property, or service or other thing of value in connection with a placement or adoption except what is reasonable and customary in regard to the pregnancy and delivery of the child who is the subject of the adoption proceedings); however, if it appears there has been such violation, the court shall not reject consent of the birth parent to the adoption for that reason alone...
6. A licensed or duly authorized child-placing agency has conducted a home study of the prospective adoptive home in accordance with regulations established by the State Board of Social Services and has provided to the court a report of such home study, which shall contain the agency's recommendation regarding the suitability of the placement. A married couple or an unmarried individual shall be eligible to receive placement of a child for adoption. The home study shall make inquiry as to (i) whether the prospective adoptive parents are financially able, morally suitable, and in satisfactory physical and mental health to enable them to care for a child; (ii) the physical and mental condition of the child, if known; (iii) the circumstances under which the child came to live, or will be living, in the home of the prospective adoptive family, as applicable, (iv) what fees have been paid by the prospective adoptive family or in their behalf in the placement and adoption of the child; (v) whether the requirements of subdivisions 1, 2,3, and 5 of this subsection have been met; and (vi) any other matters specified by the court. In the course of the home study, the agency social worker shall meet at least once with the birth parent(s) and prospective adoptive parents simultaneously...
7. The birth parent(s) have been informed of their opportunity to be represented by counsel.
          

C. When the court is satisfied that all requirements of subsection B of this section have been met with respect to at least one birth parent and the adoptive child is at least ten days old, 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 63.1-225 while before the court in person and in the presence of the prospective adoptive parents. The court shall accept the consent of the birth parent(s) and transfer custody of the child to the prospective adoptive parents, pending notification of any nonconsenting birth parent, as described hereinafter.

  1. a. The execution of consent before the court as set forth. in subsection. A shall not be required of a birth father who is not married to the mother of the child at the time of the child's Conception or birth if (i) the birth father consents under oath and in writing to the adoption; (ii) the birth mother swears under oath and in writing that the identity of the birth father is not reasonably ascertainable; (iii) the identity of the birth father is ascertainable and his whereabouts are known, he is given notice of the proceedings by registered or certified mail to his last known address and he fails to object to the proceedings within twenty-one days of the mailing of such notice; or (iv) the putative father named by the birth mother denies under oath and in writing paternity of the child. An affidavit of the birth mother that the identity of the birth father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. The absence of such an affidavit shall not be deemed evidence that the identity of the birth father is reasonably ascertainable. For purposes of determining whether the identity of the birth father is reasonably ascertainable, the standard of what is reasonable under the circumstances shall control, taking into account the relative interests of the child, the birth mother and the birth father,

        b. The court may accept the written consent of the birth father who is not married to the birth mother of the child at the time of the child's conception or birth, provided that the identifying information required in subsection B 3 is filed in writing with the court of jurisdiction. Such consent shall be executed after the birth of the child, shall advise the birth father of his opportunity for legal representation, and shall be presented to the 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's legal counsel or an acknowledgment that he was informed of his opportunity to be represented by legal counsel and declined such representation.
        c. In the event that the birth mother's consent is not executed in court in accordance with subsection A, the consent of the birth father who is not married to the birth mother of the child shall be executed in court.
        d. A child born to a married birth mother shall be presumed to be the child of her husband and his consent under subsection A shall be required. This presumption may be rebutted by sufficient evidence, satisfactory to the 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's consent shall not be required

D. Consent shall be revocable as follows:

     1. By either consenting birth parent for any reason for up to fifteen days from its execution.

1. Such revocation shall be in writing, signed by the revoking party or counsel of record -for the revoking party and shall be filed with the clerk of the court in which the petition was filed during the business day of the court, within the time period specified in this section... the revocation period shall be extended to the next day that is not a Saturday, Sunday, or legal holiday or other day on which the clerk's office is closed as authorized by statute.
2. Upon the filing of a valid revocation within the time period set out in this section, the court shall order that any consent given for the purpose of such placement is void and, if necessary, the court shall determine custody of the child as between. the birth parents.

        2.   By any party 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 the prospective adoptive parents...