0 - Relationship between Family and State

Question 1

What is adoption?

Answer 1

A statutory legal action terminating a previous parent-child relationship and establishing a new one between the child and adoptive parents.

Adoption creates a legal relationship that grants rights and privileges akin to those of a biological child.

Question 2

Who is eligible to adopt in Virginia?

Answer 2

Persons eligible to adopt include:
* A natural person residing in Virginia
* A person with custody of a child placed by a Virginia child-placing agency
* An adopting parent of a child in a consent proceeding
* Intended parents in a surrogacy contract

The spouse of a married person seeking to adopt must also join in the petition.

Question 3

What is required for a child placement for adoption in Virginia?

Answer 3

Placement can be made by:
* A licensed Virginia agency or local board
* A birth parent, legal guardian, or adoptive parent directly with chosen adoptive parents

An entrustment agreement must be in writing and notarized.

Question 4

What steps must the Juvenile and Domestic Relations court take before accepting consent to adoption?

Answer 4

The court must determine:
* Birth parents are aware of alternatives and provide informed consent
* Adoptive parents have been counseled and made informed decisions
* Necessary health and identifying information has been exchanged
* Financial fees disclosed
* No violation of payment rules for adoption
* A home study has been conducted
* Birth parents have the opportunity for counsel

Consent may be accepted without a home study or counseling under certain conditions.

Question 5

What constitutes voluntary termination of parental rights?

Answer 5

Biological parents may voluntarily give up their rights and consent to adoption.

Consent can be revoked for up to seven days unless the child is at least 10 days old and independent counsel is received.

Question 6

What happens if an unwed father fails to register in Virginia’s Putative Father Registry?

Answer 6

Failure to register constitutes a waiver of the right to notice of adoption and implies consent to the adoption.

Registration must occur before the birth or within 10 days after.

Question 7

What are grounds for involuntary termination of parental rights?

Answer 7

Grounds include:
* Failure to remedy conditions leading to foster care placement
* Abandonment of the child
* Failure to maintain contact with the child in foster care
* Crimes against children
* Uncorrected neglect or abuse
* Prior termination of parental rights of a sibling
* Subjecting the child to cruelty

The court must find these grounds by clear and convincing evidence.

Question 8

What is the standard for termination of parental rights?

Answer 8

Clear and convincing evidence must support the termination.

This is considered an extreme remedy due to constitutional implications.

Question 9

What is required for consent to adoption from biological parents?

Answer 9

Both natural parents must consent in writing unless their rights have been terminated.

Birth parents under 18 can also consent.

Question 10

What happens if a birth parent has not contacted the child for six months?

Answer 10

Consent is not required if the birth parent has not visited or contacted the child without just cause.

The prospective adoptive parent(s) must prove this by clear and convincing evidence.

Question 11

Is consent from a child required for adoption in Virginia?

Answer 11

Yes, consent is required if the child is 14 years of age or older unless it’s deemed not in the child’s best interests.

This is in accordance with Va. Code Ann. § 63.2-1202(C)(3).

Question 12

What is an entrustment agreement?

Answer 12

A written and notarized document that divests birth parents of all obligations and rights in the child.

It must be in writing for legality.

Question 13

What are permissible payments to birth parents during adoption?

Answer 13

Permissible payments include:
* Medical expenses related to birth
* Counseling costs
* Necessary expenses for food, clothing, shelter if the birth mother cannot work
* Reimbursement for legal services and transportation

No impermissible payments may be made to birth parents.

Question 14

What is the procedure for involuntary termination of parental rights?

Answer 14

An action may be brought by child protective services or any interested person, requiring service on the parent and notice to foster parents and relatives.

This is governed by Va. Code Ann. § 16.1-283.

Question 15

What constitutes abandonment for termination of parental rights?

Answer 15

Abandonment occurs when a child is left without parental identification or support for a specified period.

Diligent efforts must be made to locate the parents.

Question 16

When is consent unattainable from a parent?

Answer 16

When a parent’s identity is not ascertainable or the parent was notified and did not object

The court must provide the parent with notice of his right to counsel and may appoint counsel if the parent is indigent.

Question 17

What happens if the birth father denies paternity under oath and in writing?

Answer 17

His consent is not required if the denial is not withdrawn for 10 days

After the child is 10 days old, the denial is final and constitutes a waiver of all rights regarding the adoption.

Question 18

Is consent required from a birth father convicted of rape if the child was conceived from that violation?

Answer 18

No consent is required

This applies to violations of specific Virginia Code sections related to rape, carnal knowledge of a child, and incest.

Question 19

When is consent not required from a birth parent regarding adoption?

Answer 19

When the birth parent is deceased and a death certificate is filed with the court

This is outlined in Va. Code Ann. § 63.2-1203(A)(3).

Question 20

What suffices to show that the birth father’s consent is unobtainable?

Answer 20

A birth mother’s affidavit stating the birth father’s identity is not reasonably ascertainable

The court may grant the adoption without the birth father’s consent if there is no evidence to refute this affidavit.

Question 21

Under what circumstances can parental consent to adoption be revoked?

Answer 21

Prior to a final adoption decree for fraud or duress, or upon written mutual consent after placement

This is governed by Va. Code Ann. § 63.2-1204.

Question 22

What is the time limitation for attacking a final order of adoption?

Answer 22

A final order of adoption is not subject to attack after six months from the date of entry

This applies for any reason including fraud or procedural failures.

Question 23

Who can file a petition for the adoption of an adult?

Answer 23

Any natural person who is a Virginia resident

This includes stepchildren, close relatives, and persons who have resided in the petitioner’s home.

Question 24

What is the definition of a child with special needs for adoption assistance?

Answer 24

A child who cannot or should not be returned to their parents and reasonable efforts to place them have failed

Exceptions apply if the child has developed significant emotional ties with foster parents.

Question 25

What legal rights do biological parents lose upon final adoption?

Answer 25

All legal rights and obligations to the child, including visitation ## Footnote The adoptive parents assume all rights and responsibilities of biological parents.

Question 26

What constitutes family abuse under Virginia law?

Answer 26

Any act involving violence or threat that results in bodily injury or places a person in reasonable apprehension of harm ## Footnote This includes acts committed by a family or household member.

Question 27

What is the process for obtaining an ex parte preliminary protective order?

Answer 27

Filed by a petitioner supported by an affidavit or sworn testimony showing immediate danger ## Footnote The order is issued without notice to the defendant.

Question 28

What are the conditions that can be included in a protective order?

Answer 28

* Prohibiting acts of family abuse or contact * Granting possession of the residence * Ordering treatment or counseling for the abuser ## Footnote Additional provisions can be included for the protection of the petitioner.

Question 29

Who is required to report suspected child abuse in Virginia?

Answer 29

Health care professionals, social workers, teachers, and law enforcement officers ## Footnote Failure to report is punishable by fine.

Question 30

What defines an abused or neglected child in Virginia?

Answer 30

* Injury by non-accidental means * Neglect of necessary care * Abandonment ## Footnote Additional definitions include lack of parental care and exposure to known sex offenders.

Question 31

Under what conditions can a child be taken into emergency protective custody?

Answer 31

* Substantial and imminent danger to the child * Court order not immediately obtainable * Parents notified as soon as practicable ## Footnote A court order must be obtained within 72 hours.

Question 32

What is the duty of an adult child towards a necessitous parent?

Answer 32

To assist in providing for the support and maintenance of the parent ## Footnote This is required only after the child has provided for their own immediate family.

Question 33

What is the duty of an adult child towards a necessitous parent?

Answer 33

An adult child has a duty to assist in providing for the support and maintenance of a parent in necessitous circumstances.

Question 34

What is the minimum age for a person to be considered an adult child under the duty to support?

Answer 34

18 years of age.

Question 35

What conditions must be met for an adult child to be required to support a parent?

Answer 35

The child must be of sufficient earning capacity or income and must first provide for their own immediate family.

Question 36

Under what circumstances is an adult child not required to support a parent?

Answer 36

If the parent deserted, neglected, abused, or willfully failed to support the child prior to the child’s emancipation, unless the parent is receiving public assistance.

Question 37

What is the penalty for failing to provide support to a necessitous parent?

Answer 37

A misdemeanor, punishable by a fine not to exceed $500, imprisonment for a period not to exceed 12 months, or both.

Question 38

Fill in the blank: An adult child is only required to provide parental support after reasonably providing for his own _______.

Answer 38

immediate family.

Question 39

What is the relevant Virginia Code that outlines the duty of an adult child to support a necessitous parent?

Answer 39

Va. Code Ann. § 16.1-251.

Question 40

True or False: An adult child is required to support a parent who has abused them in the past if the parent is receiving public assistance.

Answer 40

True.