Agency Adoptions

In agency adoptions, the decision about who will adopt the child may be made by the agency.  The biological parents give up their parental rights and transfer custody of the child to the agency.  They do this by signing a document called an “entrustment agreement.”  The entrustment agreement terminates all the rights and responsibilities of the biological parents.  The agency then places the child for adoption with adoptive parents selected by either the birth parent(s) or the agency.  

An entrustment agreement terminating parental rights may be revoked by a birth parent until the child has both reached the age of 25 days and 15 days have passed since the parent signed the agreement.  Additionally a biological parent can revoke an entrustment agreement before the adoption becomes final if he or she can prove fraud or coercion. Va Code § 63.2-1223

A birth parent's revocation of an entrustment agreement must be in writing and signed by the birth parent. An entrustment agreement for the termination of all parental rights and responsibilities with respect to the child is valid even if it is not signed by the biological 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 fails to object to the entrustment within 21 days of the mailing of such notice. To be valid, his objection must be in writing, signed by the objecting father or the attorney  of record for the objecting father, and filed with the agency that mailed the notice of entrustment within the 21 days.  Va Code § 63.2-1222

If a biological parent refuses to consent to the adoption, the courts may still allow the adoption even over the objections of the nonconsenting parent, if there is evidence that shows that the consent is being withheld contrary to the best interests of the child or if the nonconsenting parent is unfit or if a continuing relationship with the nonconsenting parent would be detrimental to the child.   Va Code § 63.2-1203