Adoption & Surrogacy Attorney
There are many ways to expand your family aside from childbirth. Adoption and surrogacy are two common paths, and both require the assistance of an experienced family law attorney. Farrell & Croft, P.C. knows the intricacies of adoption, surrogacy arrangements, and related custody questions, and that expertise can prove invaluable as you consider your options.
Virginia Adoption Law
Adoption creates a legal, permanent relationship, typically between a child and a non-genetically related adult. Virginia law allows for private placement adoptions, agency adoptions, stepparent adoptions, and adult adoptions, among others. The laws governing adoption in Virginia are complex and require strict adherence to prevent future problems or challenges to the adoption’s validity.
Virginia Surrogacy Law
Surrogacy is a form of assisted reproduction in which a woman carries a pregnancy for a couple that wants a biologically related child but cannot conceive or carry a child to term themselves. Virginia was one of the first states to pass legislation specifically addressing surrogacy arrangements and contracts. Virginia law is specific about what can and cannot be paid to a surrogate, and how and when a surrogacy agreement can be terminated and what happens as a result. Every person involved in a surrogacy arrangement should be represented by competent counsel and fully advised of their rights and obligations.
The Adoption Process
While the specific steps vary by adoption type, most Virginia adoptions involve filing a petition with the court, satisfying notice and consent requirements for any legal parents involved, and often a home study or investigation before the court finalizes the adoption. Stepparent adoptions are typically the most streamlined, especially when the other biological parent consents or their rights have already been legally terminated. Agency and private placement adoptions involve additional steps to make sure all legal requirements are met before a child is placed. We guide clients through whichever process fits their situation, so nothing gets missed that could delay or jeopardize the adoption.
Protecting Everyone's Rights in a Surrogacy Arrangement
A surrogacy arrangement involves competing interests that need to be addressed clearly in writing before anyone moves forward — the intended parents’ desire for a legally secure parental relationship, and the surrogate’s rights and protections throughout the pregnancy and after. A well-drafted surrogacy agreement addresses compensation, medical decision-making during the pregnancy, and exactly how and when parental rights transfer, so there’s no ambiguity for anyone involved once the child is born.
The Role of Home Studies in Adoption
Many Virginia adoptions, particularly agency and private placement adoptions, require a home study conducted by a licensed social worker before the court finalizes the placement. The home study evaluates the prospective parents’ home environment, background, and readiness to adopt, and becomes part of what the court considers before granting the adoption. Stepparent adoptions often waive or streamline this requirement when the child is already living with both parties, but it’s not automatic in every case.
Interstate and International Considerations
Adoptions that cross state lines are subject to the Interstate Compact on the Placement of Children, which adds procedural requirements beyond Virginia’s own adoption law before a child can be placed across state lines. International adoptions raise a separate set of federal immigration and foreign-country legal requirements on top of Virginia’s adoption process. These cases benefit from experienced counsel who can help coordinate the different legal systems involved.
Terminating Parental Rights
Most adoptions require that the child’s existing legal parents either consent to the adoption or have had their parental rights terminated by a court. Voluntary termination happens when a parent knowingly and willingly gives up their rights, typically as part of an agreed adoption plan. Involuntary termination is more complex and contested, generally requiring the petitioning party to show specific statutory grounds, such as abandonment or an inability to care for the child. Understanding which path applies to your situation shapes the entire adoption timeline.
Post-Adoption Considerations
Once an adoption is finalized, the adoptive parents generally have the same legal rights and responsibilities as biological parents, and the child’s legal relationship with any prior parent is severed except where an open adoption arrangement has been separately agreed to. Depending on the type of adoption, families sometimes want to preserve some ongoing contact with biological relatives, which requires its own careful drafting since Virginia law doesn’t automatically guarantee enforceability of informal open-adoption promises.
Contact us about adoption or surrogacy to discuss your plans.
Frequently Asked Questions
Virginia law allows for several types of adoption, including private placement adoptions, agency adoptions, stepparent adoptions, and adult adoptions.
Yes. Virginia was one of the first states to pass legislation specifically governing surrogacy arrangements and contracts, including rules about permissible payments to a surrogate.
Every person involved in a surrogacy arrangement — intended parents and the surrogate — should be represented by their own competent counsel to make sure their rights and obligations are clearly understood.
Timelines vary depending on the specific circumstances and whether all necessary consents are in place, but stepparent adoptions are often more straightforward than other adoption types when both biological parents cooperate.
Virginia law is specific about how and when a surrogacy agreement can be terminated and what the resulting obligations are, which is why experienced counsel is essential before entering into one.
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