Virginia Code

Va. Code Ann. § 63.2-1230 (2026)

Placement of children by parent or guardian

✓ current as of May 2026
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The birth parent, legal guardian, or adoptive parent of a child may place his child for adoption directly with the prospective adoptive parents of his choice. Such parent or legal guardian may execute a power of attorney to the prospective adoptive parent for discharge of a newborn infant from a hospital or for the initial physical placement of a child with a prospective adoptive parent pursuant to subsection B of § 20-166 and subsection A of § 54.1-2969. Consent to the proposed adoption shall be executed upon compliance with the provisions of this chapter before a juvenile and domestic relations district court or, if the birth parent or legal guardian does not reside in Virginia, before a court having jurisdiction over child custody matters in the jurisdiction where the birth parent or legal guardian resides when requested by a juvenile and domestic relations district court of this Commonwealth, pursuant to § 20-146.11. Consent proceedings shall be advanced on the juvenile and domestic relations district court docket so as to be heard by the court within 10 days of filing of the petition, or as soon thereafter as practicable so as to provide the earliest possible disposition.

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, § 63.1-219.37; 2001, c. 305; 2002, c. 747; 2009, c. 805; 2024, c. 90.

Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 2004–2026 · leading case: Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018).
Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018). · cites it 6× “” Code § 63.2-1230. In the event that one birth parent gives consent but the other parent refuses, the court may consider whether the refusing parent’s consent is being withheld contrary to the best interest of the child.”
Watkins v. Fairfax Cnty. Dep't of Fam. Servs., 595 S.E.2d 19 (Va. Ct. App. 2004). “1-241 or § 63.2-1230, the court shall appoint a discreet and competent attomey-at-law as guardian ad litem to represent the child pursuant to§ 16.”
T.S.G. v. B.A.S., 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “This statute provides, in its entirety, as follows: When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent(s) who is a close relative for three or more years, the parental placement provisions of this…”
John Berry v. Mary Barnes, Tricia Ann Scanlon & Donald Edward Scanlon (Va. Ct. App. 2020). · cites it 4× ““This process for parental placement adoption is codified in Code §§ 63.2-1230 through 63.2-1240.” Knight v.”
In re Pruett, 87 Va. Cir. 68 (Roanoke County Cir. Ct. 2013). · cites it 6× “) Under Va. Code § 63.2-1230, consent to a parental placement adoption must be executed before a juvenile and domestic relations district court if the birth parent resides in Virginia.”
TSG v. Bas, 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “This statute provides, in its entirety, as follows: When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent(s) who is a close relative for three or more years, the parental placement provisions of this…”
Mast v. A.A. (Va. 2026). · cites it 3× “at 236 (citing Code § 63.2-1230). The Court of Appeals acknowledged that the Department of Social Services (the applicable “agency”) and the guardian ad litem appointed by the circuit court “[b]oth recommended” that the child be adopted by the Masts.”
Alison Helena Moroney v. Kelly Lynn Majerus (Va. Ct. App. 2024). · cites it 2× “2-1229); parental placement adoptions (Code §§ 63.2-1230 through 63.2-1240); stepparent and confirmatory adoptions (Code §§ 63.”
Samantha Colleen Coward v. Tina Louise Joseph & Michael A. Joseph (Va. Ct. App. 2021). “Contrary to Coward’s statement, this case was not a parental placement adoption, as Coward did not place the child for adoption with the Josephs.”
J.M. v. A.A. (Va. Ct. App. 2024). “” Code § 63.2-1230. We find that these procedural errors are so outside the scope of the adoption code - 18 - that the circuit court lacked the power to render the adoption orders, rendering both adoption orders void ab initio.”
J.M. v. A.A. (Va. Ct. App. 2024). “” Code § 63.2-1230. We find that these procedural errors are so outside the scope of the adoption code - 18 - that the circuit court lacked the power to render the adoption orders, rendering both adoption orders void ab initio.”
J.M. v. A.A. (Va. Ct. App. 2024). “” Code § 63.2-1230. We find that these procedural errors are so outside the scope of the adoption code - 18 - that the circuit court lacked the power to render the adoption orders, rendering both adoption orders void ab initio.”
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