A licensed child-placing agency or local board may place for adoption, and is empowered to consent to the adoption of, any child who is properly committed or entrusted to its care, in accordance with the provisions of §§ 63.2-900, 63.2-903, 63.2-1817 or this section, when the order of commitment or the entrustment agreement between the birth parent(s) and the agency or board provides for the termination of all parental rights and responsibilities with respect to the child for the purpose of placing and consenting to the adoption of such child.
The entrustment agreement shall divest the birth parent(s) 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 parent(s) and the child by circuit court order prior to the entry of a final order of adoption upon proof of fraud or duress. An entrustment agreement for the termination of all parental rights and responsibilities shall be executed in writing and notarized, and shall be revocable prior to entry of an order finalizing the agreement (i) upon proof of fraud or duress, or (ii) after the placement of the child in an adoptive home upon written mutual consent of the birth parents and prospective adoptive parents.
1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.28; 2002, c. 747; 2004, c. 815; 2009, c. 805.
Notes of Decisions
Butler v. Culpeper Cnty. Dep't of Soc. Servs., 633 S.E.2d 196 (Va. Ct. App. 2006).
· cites it 2× “According to Code § 63.2-1221, The entrustment agreement shall divest the birth parent(s) 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…”
Mast v. A.A. (Va. 2026).
· cites it 7× “” Code §§ 63.2-1221 through -1244. The Masts’ adoption petitions fit none of these categories.”
J.M. v. A.A. (Va. Ct. App. 2024).
· cites it 6× “s that the adoption of the child does not fit any of the five categories of adoption authorized in Code §§ 63.2-1221 through -1244. The five categories of adoption are agency, parental placement, stepparent, close relative, and adult adoption.”
J.M. v. A.A. (Va. Ct. App. 2024).
· cites it 6× “s that the adoption of the child does not fit any of the five categories of adoption authorized in Code §§ 63.2-1221 through -1244. The five categories of adoption are agency, parental placement, stepparent, close relative, and adult adoption.”
J.M. v. A.A. (Va. Ct. App. 2024).
· cites it 6× “s that the adoption of the child does not fit any of the five categories of adoption authorized in Code §§ 63.2-1221 through -1244. The five categories of adoption are agency, parental placement, stepparent, close relative, and adult adoption.”
A.A. v. J.M. (Va. Ct. App. 2024).
· cites it 6× “s that the adoption of the child does not fit any of the five categories of adoption authorized in Code §§ 63.2-1221 through -1244. The five categories of adoption are agency, parental placement, stepparent, close relative, and adult adoption.”
Alison Helena Moroney v. Kelly Lynn Majerus (Va. Ct. App. 2024).
· cites it 2× “Virginia law recognizes five types of adoptions: agency adoptions (Code §§ 63.2-1221 through 63.2-1229); parental placement adoptions (Code §§ 63.”
In re Custody of Terry, 78 Va. Cir. 25 (Henrico Cir. Ct. 2008).
“There are five regular types of adoption recognized in the Code of Virginia: (1) agency placement adoptions, §§ 63.2-1221 to 63.2-1229; (2) parental placement adoptions, §§ 63.”
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