Private Placement Adoptions

In “private placement” adoptions, the biological parents choose the people who will adopt their child.  Legal custody of the child passes directly from the biological mother and father to the adoptive parents.

In a private placement adoption, arrangements may be made with the hospital where the child is to be born so that the adopting parents have access to the child in the nursery following birth and can take the child home with them when it is discharged from the hospital. 

After the child is at least 10 days old, at least one birth parent must give consent to the adoption.  They must do so in person in front of a judge of the Juvenile and Domestic Relations District Court and in the presence of the adoptive parents. The other parent may give consent in writing, but their consent is required except in limited circumstances.  Virginia Code § 63.2-1233

If a biological parent of the child refuses to consent to the adoption, the courts may grant the adoption 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.  Virginia Code § 63.2-1233

Upon the acceptance of the birth parent(s) consent(s), the Juvenile and Domestic Relations District Court will transfer legal custody of the child to the adoptive parents.  A birth parent who gives his or her consent to an adoption may revoke that consent for any reason for up to 15 days after giving it. The revocation must be in writing, signed by the revoking birth parent or attorney representing that birth parent and filed with the clerk of the court in which the consent petition was filed.  Va Code § 63.2-1230