Va. Code » Title 63.2. Welfare (Social Services) » Subtitle III. Social Services Programs » Chapter 12. Adoption » Article 3. Parental Placement Adoptions
Virginia Code

Va. Code Ann. § 63.2-1233 (2026)

Consent to be executed in juvenile and domestic relations district court; exceptions

✓ current as of May 2026
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When the juvenile and domestic relations district court is satisfied that all requirements of § 63.2-1232 have been met with respect to at least one birth parent and the adoptive child is at least in the third calendar day of life, 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 § 63.2-1202 while before the juvenile and domestic relations district court in person and in the presence of the prospective adoptive parents. The juvenile and domestic relations district court shall accept the consent of the birth parent(s) and transfer custody of the child to the prospective adoptive parents, pending notification to any nonconsenting birth parent, as described hereinafter.

1. a. The execution of consent before the juvenile and domestic relations district court shall not be required of a birth father if the birth father consents under oath and in writing to the adoption.

b. The consent of a birth father who is not married to the mother of the child at the time of the child's conception or birth shall not be required if the putative father named by the birth mother denies under oath and in writing the paternity of the child or if the putative father did not register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) of this chapter. If the identity of the birth father is reasonably ascertainable, but the whereabouts of the birth father are not reasonably ascertainable, verification of compliance with the Virginia Birth Father Registry shall be provided to the court.

c. When a birth father is required to be given notice, he may be given notice of the adoption by registered or certified mail to his last known address and if he fails to object to the adoption within 15 days of the mailing of such notice, his consent shall not be required. An objection shall be in writing, signed by the objecting party or counsel of record for the objecting party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the court, within the time period specified in this section. When no timely objection is filed, no hearing on this issue is required. Failure of the objecting party to appear at any scheduled hearing, either in person or by counsel, shall constitute a waiver of such objection.

d. The juvenile and domestic relations district court may accept the written consent of the birth father at the time of the child's conception or birth, provided that his identifying information required in § 63.2-1232 is filed in writing with the juvenile and domestic relations district court of jurisdiction. Such consent shall advise the birth father of his opportunity for legal representation, shall identify the court in which the case was or is intended to be filed, and shall be presented to the juvenile and domestic relations district 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. For good cause shown, the court may dispense with the requirements regarding the filing of the birth father's identifying information pursuant to this subdivision 1. d.

e. In the event that the birth mother's consent is not executed in the juvenile and domestic relations district court, the consent of the birth father shall be executed in the juvenile and domestic relations district court.

f. A child born to a married birth mother shall be presumed to be the child of her husband and his consent shall be required, unless the court finds that the father's consent is withheld contrary to the best interests of the child as provided in § 63.2-1205 or if his consent is unobtainable. The consent of such presumed father shall be under oath and in writing and may be executed in or out of court. The presumption that the husband is the father of the child may be rebutted by sufficient evidence, satisfactory to the juvenile and domestic relations district 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. The executed denial of paternity by the putative father shall be sufficient to rebut the presumption that he is the father of the child. If the court is satisfied that the presumption has been rebutted, notice of the adoption shall not be required to be given to the presumed father.

2. After the application of the provisions of subdivision 1, if a birth parent is entitled to a hearing, the birth parent shall be given notice of the date and location of the hearing and be given the opportunity to appear before the juvenile and domestic relations district court. Such hearing may occur subsequent to the proceeding wherein the consenting birth parent appeared but may not be held until 15 days after personal service of notice on the nonconsenting birth parent, or if personal service is unobtainable, 10 days after the completion of the execution of an order of publication against such birth parent. The juvenile and domestic relations district court may appoint counsel for the birth parent(s). If the juvenile and domestic relations district court finds that consent is withheld contrary to the best interests of the child, as set forth in § 63.2-1205, or is unobtainable, it may grant the petition without such consent and enter an order waiving the requirement of consent of the nonconsenting birth parent and transferring custody of the child to the prospective adoptive parents. No further consent or notice shall be required of a birth parent who fails to appear at any scheduled hearing, either in person or by counsel. If the juvenile and domestic relations district court denies the petition, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement shall be void and, if necessary, the court shall determine custody of the child as between the birth parents.

3. Except as provided in subdivisions 4 and 5, if consent cannot be obtained from at least one birth parent, the juvenile and domestic relations district court shall deny the petition and determine custody of the child pursuant to § 16.1-278.2.

4. If a child has been under the physical care and custody of the prospective adoptive parents and if both birth parents have failed, without good cause, to appear at a hearing to execute consent under this section for which they were given proper notice pursuant to § 16.1-264, the juvenile and domestic relations district court may grant the petition without the consent of either birth parent and enter an order waiving consent and transferring custody of the child to the prospective adoptive parents. Prior to the entry of such an order, the juvenile and domestic relations district court may appoint legal counsel for the birth parents and shall find by clear and convincing evidence (i) that the birth parents were given proper notice of the hearing(s) to execute consent and of the hearing to proceed without their consent; (ii) that the birth parents failed to show good cause for their failure to appear at such hearing(s); and (iii) that pursuant to § 63.2-1205, the consent of the birth parents is withheld contrary to the best interests of the child or is unobtainable. Under this subdivision, the court or the parties may waive the requirement of the simultaneous meeting under § 63.2-1231 and the requirements of subdivisions A 1, A 3, and A 7 of § 63.2-1232 where the opportunity for compliance is not reasonably available under the applicable circumstances.

5. If both birth parents are deceased, the juvenile and domestic relations district court, after hearing evidence to that effect, may grant the petition without the filing of any consent.

6. No consent shall be required from the birth father of a child placed pursuant to this section when such father is convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of § 18.2-61, § 18.2-63, or subsection B of § 18.2-366, whether or not the birth father has been charged with or convicted of the alleged violation, and the child was conceived as a result of such violation or conduct, nor shall the birth father be entitled to notice of any of the proceedings under this section.

7. No consent shall be required of a birth father if he denies under oath and in writing the paternity of the child. Such denial of paternity may be withdrawn no more than 10 days after it is executed. Once the child is 10 days old, any executed denial of paternity is final and constitutes a waiver of all rights with the respect to the adoption of the child and cannot be withdrawn.

8. A birth father may consent to the adoption prior to the birth of the child.

9. The juvenile and domestic relations district court shall review each order entered under this section at least annually until such time as the final order of adoption is entered.

10. When there has been an interstate transfer of the child in a parental placement adoption in compliance with Chapter 10 (§ 63.2-1000 et seq.) of this title, all matters relating to the adoption of the child including, but not limited to, custody and parentage shall be determined in the court of appropriate jurisdiction in the state that was approved for finalization of the adoption by the interstate compact authorities.

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, § 63.1-219.40; 2002, c. 747; 2005, c. 890; 2006, cc. 825, 848; 2007, cc. 606, 623; 2009, c. 805; 2017, c. 200; 2025, c. 547.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2008–2026 · leading case: Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018).
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Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018). · cites it 6× “Code § 63.2-1233(2). “[I]f consent cannot be obtained from at least one birth parent, the juvenile and domestic relations district court shall deny the petition.”
Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith & Tiffany Vadella-Griffith, 808 S.E.2d 541 (Va. Ct. App. 2017). · cites it 2× “The order expressly denied Geouge’s motion to stay, holding that the ICWA did not apply; denied the motion to continue; accepted Traylor’s consent pursuant to Code § 63.2-1233; waived Geouge’s consent, finding that she withheld it contrary to L.”
John Berry v. Mary Barnes, Tricia Ann Scanlon & Donald Edward Scanlon (Va. Ct. App. 2020). · cites it 18× “On August 26, 2019 the adoptive parents filed a petition with the juvenile and domestic relations district court (the JDR court) requesting that the court accept Barnes’s “consent pursuant to Code § 63.2-1233, . . . terminate the birth father’s parental rights, .”
In re Pruett, 87 Va. Cir. 68 (Roanoke County Cir. Ct. 2013). · cites it 10× “Subdivision 4 of Va. Code § 63.2-1233 provides that the district court may enter an order waiving the birth parents’ consent to the adoption where they have failed to appear at the consent hearing without good cause.”
Victor Campos v. Charles Hinsch (Va. Ct. App. 2011). · cites it 4× “The trial court ruled, pursuant to Code § 63.2-1233(2),5 that appellant’s consent to the adoption was not required, finding that it was being withheld contrary to the best interests of the child.”
Barbara Anne Keen v. Gary Ricky Barnett & Annette Barnett (Va. Ct. App. 2017). · cites it 2× “3 originate in the circuit court, the parental placement provisions of the adoption chapter (Code §§ 63.2-1233 to -1240) do not apply, and the circuit court may forego an investigation and report as well as omit the probationary period and interlocutory order of adoption.”
Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith & Tiffany Vadella-Griffith (Va. Ct. App. 2017). · cites it 2× “The order expressly denied Geouge’s motion to stay, holding that the ICWA did not apply; denied the motion to continue; accepted Traylor’s consent pursuant to Code § 63.2-1233; waived Geouge’s consent, finding that she withheld it contrary to L.”
In re Custody of Terry, 78 Va. Cir. 25 (Henrico Cir. Ct. 2008). · cites it 3× “[petitions filed in connection with parental placement adoption consent hearings pursuant to Va. Code § 63.2-1233. . . .” Section 16.1-241(U).”
Lisa J. Yokshas & Scott L. Greaser v. Bristol City Dep't of Soc. Servs. (Va. Ct. App. 2017). “As the appellants are “natural persons” residing in the Commonwealth, we conclude that they had standing to file their adoption petition under the plain language of Code § 63.”
Mast v. A.A. (Va. 2026). “tions, reads: Proceedings for the adoption of a minor child and for a change of name of such child shall be instituted only by petition to a circuit court in the county or city in which the petitioner resides, in the county or city in which the child-placing agency that placed…”
— Va. Code Ann. § 63.2-1233(2) — 2 cases
Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018). “Code § 63.2-1233(2). “[I]f consent cannot be obtained from at least one birth parent, the juvenile and domestic relations district court shall deny the petition.”
Victor Campos v. Charles Hinsch (Va. Ct. App. 2011). “The trial court ruled, pursuant to Code § 63.2-1233(2),5 that appellant’s consent to the adoption was not required, finding that it was being withheld contrary to the best interests of the child.”
— Va. Code Ann. § 63.2-1233(3) — 2 cases
Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018). “Code § 63.2-1233(2). “[I]f consent cannot be obtained from at least one birth parent, the juvenile and domestic relations district court shall deny the petition.”
John Berry v. Mary Barnes, Tricia Ann Scanlon & Donald Edward Scanlon (Va. Ct. App. 2020). “On August 26, 2019 the adoptive parents filed a petition with the juvenile and domestic relations district court (the JDR court) requesting that the court accept Barnes’s “consent pursuant to Code § 63.2-1233, . . . terminate the birth father’s parental rights, .”
— Va. Code Ann. § 63.2-1233(4) — 1 case
John Berry v. Mary Barnes, Tricia Ann Scanlon & Donald Edward Scanlon (Va. Ct. App. 2020). “On August 26, 2019 the adoptive parents filed a petition with the juvenile and domestic relations district court (the JDR court) requesting that the court accept Barnes’s “consent pursuant to Code § 63.2-1233, . . . terminate the birth father’s parental rights, .”
— Va. Code Ann. § 63.2-1233(7) — 1 case
John Berry v. Mary Barnes, Tricia Ann Scanlon & Donald Edward Scanlon (Va. Ct. App. 2020). “On August 26, 2019 the adoptive parents filed a petition with the juvenile and domestic relations district court (the JDR court) requesting that the court accept Barnes’s “consent pursuant to Code § 63.2-1233, . . . terminate the birth father’s parental rights, .”
— Va. Code Ann. § 63.2-1233(l)(f) — 1 case
In re Pruett, 87 Va. Cir. 68 (Roanoke County Cir. Ct. 2013). “Subdivision 4 of Va. Code § 63.2-1233 provides that the district court may enter an order waiving the birth parents’ consent to the adoption where they have failed to appear at the consent hearing without good cause.”
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