How to Give a Baby Up for Adoption in Virginia

Dec 18

Disclaimer: Please note that Family Life Services does not encourage the use of terms like “give a baby up for adoption” or “put up a baby for adoption". However, we understand that expectant mothers may use these terms to find adoption agencies and information. For the purpose of connecting with pregnant women who may desire adoption counseling, we have used these terms in strategic places of our blog and website. We recognize that words matter. We typically use the language “place a child for adoption” or “make an adoption plan".

Deciding to place a baby for adoption is one of the most difficult choices you’ll ever make. It’s a decision rooted in love, courage, and hope for your child’s future.

If you are thinking about adoption in Virginia, understanding your rights can help you feel more confident in your decision. This guide explores your rights, state adoption laws, and how you can get the support you need on your adoption journey. Keep reading to learn more.

What are My Rights as the Birth Mother?

Virginia adoption law ensures you have time, support, and autonomy in making this important decision.

You Have the Right to Choose the Adoptive Family

You have the right to choose the adoptive family. Whether through an agency or an attorney, you can review profiles, meet potential parents, and select a family that aligns with your hopes for your baby’s future.

Want a family that shares your values, faith, or culture? You can prioritize that. Virginia’s adoption process puts you in the driver’s seat, letting you shape your child’s story even after placement.

You Have the Right to Change Your Mind About the Adoption

Before the child is born, you can back out of the adoption at any time, for any reason. After the child is born, you will sign the Permanent Entrustment Agreement. This document terminates your parental rights.[1]

However, you will have 7 to 10 days after signing the Permanent Entrustment Agreement to revoke your consent.[2] This allows you to recover physically and emotionally and gives you time to decide if you’d like to change your mind.

What are the Birth Father’s Rights in Adoption?

The birth father’s rights depend on his legal status. If you’re married, your husband is presumed to be the legal father, and he is required to consent to the adoption. If his location is unknown, he will have to be notified of the adoption either by personal service or publication.[2]

An unmarried father is called a putative father. He must register with the Virginia Birth Father Registry. This will help protect any legal parental rights he may have to the child. If he does not register with the Birth Father Registry, he may not receive notice of the adoption.[4]

You are required to provide all known information about the putative father to your caseworker or provide information to explain the situation fully if his identity and/or whereabouts is unknown. Your adoption agency and their attorney will take care of notifying him or proving he’s not involved, keeping the process smooth and legal.

Do You Get Financial Support for Adoption?

Pregnancy can bring financial strain. Thankfully, Virginia law allows adoption agencies to help with certain expenses, easing your burden, if they legally qualify for financial assistance. Your caseworker should be able to connect you with community resources that may be available to meet your needs, regardless of whether you choose parenting or adoption.

If you are actively making an adoption plan, you may receive financial support for[3]:

Medical expenses that are directly related to pregnancy and hospitalization
Mental health counseling for the birth mother and birth father
Reasonable and necessary costs for food, clothing, and shelter when the birth mother cannot work because of her pregnancy
Reimbursement for expenses incurred incident to any court appearance, including, but not limited to, food, lodging, and transportation
Fees for legal services
Transportation to any of the services provided

This support is not “payment” for your baby. The court regulates these provisions to ensure you receive appropriate care throughout your pregnancy and the adoption process.

Adoptive parents and adoption agencies cannot provide funds for non-essential items or undocumented cash payments. If anything seems unclear or inappropriate, speak to an independent lawyer to get clarification.

How Does the Adoption Process Work in Virginia?

Here’s how placing a baby for adoption in Virginia typically goes:

1. Contact an Adoption Agency

Start by reaching out to a licensed Virginia adoption agency, like Family Life Services. Reaching out to us is not an automatic agreement to make an adoption plan. We are here to explain your options, answer your questions, and help you decide whether or not adoption is right for you and your baby.

2. Create an Adoption Plan

If you decide to move forward with adoption, we'll work together to develop a personalized plan that reflects your preferences—from selecting the adoptive family, to determining the level of ongoing contact after placement, and identifying the support you need.

3. Consent to the Adoption

After the child is born, you will sign the Permanent Entrustment Agreement. You will then have 7 days from the signing of this agreement and until the baby is 10 days old to revoke your consent if you change your mind.

4. Begin Post-placement Support

If you do not change your mind about the adoption, your baby will be placed with your chosen adoptive family in an adoption placement, and any agreed-upon contact begins. You’ll also receive post-placement support as you adjust.

Staying Connected With Your Child After Placement

You might wonder what life will look like after the adoption has been finalized. Today, most infant adoptions are open or have some degree of contact after placement. This means that you can continue to have contact with the adoptive family and your child after the adoption is finalized. This could include photos, phone calls, emails, texts, and visits, depending on what you’re comfortable with.

You’ll work with the adoptive parents and adoption professionals to set post-adoption expectations. A good adoption agency will honor your wishes while putting your child’s well-being first.

Sources

§ 63.2-903. Entrustment agreements; adoption. Virginia State Legislative Information System. (n.d.). https://law.lis.virginia.gov/vacode/title63.2/chapter9/section63.2-903/
Child Welfare Information Gateway. (2021, October). Consent to Adoption - Virginia. https://www.childwelfare.gov/resources/consent-adoption-virginia/
Child Welfare Information Gateway. (2022, May). Regulation of Private Domestic Adoption Expenses - Virginia. https://www.childwelfare.gov/resources/regulation-private-domestic-adoption-expenses-virginia/
Virginia Birth Father Registry. Virginia Department of Social Services. (n.d.). https://www.dss.virginia.gov/family/ap/vbfr.cgi

Matt Meeks