PARENTAL CONSENT TO ADOPTION
Commonwealth of Virginia
(Va. Code Title 63.2, Chapter 12—Adoption)
[// GUIDANCE: This template is drafted for use in a direct, non-agency placement. If an agency, foster-care, international, or stepparent adoption is contemplated, additional statutory provisions will apply. Tailor Sections 3, 6, and the Execution Block accordingly.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Revocation, Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
Parental Consent to Adoption (the “Consent”).
1.2 Parties
(a) Consenting Parent: [FULL LEGAL NAME], an individual residing at [ADDRESS] (“Consenting Parent”).
(b) Child: [FULL LEGAL NAME] (the “Child”), born [DATE OF BIRTH] in [CITY/COUNTY], Virginia.
(c) Adoptive Parent(s): [FULL LEGAL NAME(S)], residing at [ADDRESS] (“Adoptive Parent(s)”).
(d) Court: [NAME OF COUNTY/CITY CIRCUIT COURT] (the “Court”).
1.3 Recitals
A. Consenting Parent is the [biological/legal] parent of the Child and holds the legal right to consent to the Child’s adoption.
B. Consenting Parent desires that the Child be adopted by the Adoptive Parent(s) and executes this Consent in accordance with the laws of the Commonwealth of Virginia.
C. Consenting Parent understands that (i) the Consent may not be signed earlier than seventy-two (72) hours after the Child’s birth, and (ii) the Consent is subject to a statutory revocation period as set forth herein.
1.4 Effective Date
This Consent is effective as of the date signed and notarized below (the “Effective Date”), provided the statutory waiting period in Recital C has elapsed.
2. DEFINITIONS
2.1 “Applicable Law” means the adoption provisions contained in Title 63.2, Chapter 12 of the Code of Virginia and the rules of the [Court], as amended from time to time.
2.2 “Revocation Period” means the seven (7) calendar-day period commencing on, but not including, the Effective Date, during which the Consenting Parent may revoke this Consent in accordance with Section 6.
2.3 “Counseling Session” means the in-person meeting with a licensed child-placing agency social worker or other qualified professional at which the implications of adoption, alternatives, and the Consenting Parent’s rights were discussed.
2.4 All capitalized terms used but not defined have the meanings assigned in other Sections of this Consent.
3. OPERATIVE PROVISIONS
3.1 Grant of Consent
(a) Consenting Parent irrevocably (subject to Section 6) consents to the adoption of the Child by the Adoptive Parent(s) pursuant to Applicable Law.
(b) Consenting Parent relinquishes all parental rights, duties, and obligations to the Child, including, without limitation, custodial rights, decision-making authority, and financial responsibilities, effective upon (i) expiration of the Revocation Period without revocation and (ii) entry of the final order of adoption by the Court (the “Final Order”).
3.2 Consideration
The consideration for this Consent is the placement of the Child with the Adoptive Parent(s) for the purpose of adoption, together with other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
3.3 Conditions Precedent
This Consent is conditioned upon:
(a) Execution not earlier than seventy-two (72) hours after the Child’s birth;
(b) Completion of the Counseling Session at least twenty-four (24) hours prior to execution; and
(c) Compliance with all notice, filing, and hearing requirements of the Court.
[// GUIDANCE: If an agency is involved, insert the agency’s certification statement and reference to entrustment agreement.]
4. REPRESENTATIONS & WARRANTIES
Consenting Parent represents and warrants to the Adoptive Parent(s) and the Court that, as of the Effective Date:
4.1 Capacity & Authority
Consenting Parent is at least eighteen (18) years of age, is of sound mind, and has full legal authority to execute this Consent.
4.2 Voluntary Execution
This Consent is executed freely and voluntarily, without coercion, duress, or undue influence, and with full understanding of its legal consequences.
4.3 Counseling
Consenting Parent received the Counseling Session, was advised of alternatives to adoption, and was provided the opportunity to ask questions.
4.4 No Consideration Beyond Statutory Allowances
Consenting Parent has not received, been promised, nor conditioned this Consent upon, any compensation or thing of value other than statutorily permitted expenses.
4.5 Accuracy of Information
All information provided herein and in any related documents is true, correct, and complete in all material respects.
4.6 Survival
The representations and warranties in this Section 4 survive the Final Order.
5. COVENANTS
5.1 Further Assurances
Consenting Parent shall execute and deliver such additional documents and take such further actions reasonably requested by the Adoptive Parent(s) or the Court to effectuate the adoption.
5.2 Non-Interference
Consenting Parent agrees not to interfere with the Adoptive Parent(s)’ custody of the Child following placement, subject only to the rights preserved during the Revocation Period.
5.3 Confidentiality
Consenting Parent shall maintain the confidentiality of sealed adoption records as required by Applicable Law.
6. REVOCATION, DEFAULT & REMEDIES
6.1 Revocation Procedure
(a) Consenting Parent may revoke this Consent by delivering a written, notarized statement of revocation to the Clerk of the Court within the Revocation Period.
(b) Upon timely revocation, this Consent shall be void ab initio, and custody of the Child shall revert to Consenting Parent, subject to any temporary custody orders in place.
6.2 Expiration of Revocation Period
If no revocation is filed within the Revocation Period, this Consent becomes permanent and irrevocable except on grounds of fraud or duress as determined by the Court under Applicable Law.
6.3 Events of Default
Failure by Consenting Parent to honor the covenants of Section 5 following expiration of the Revocation Period constitutes a default.
6.4 Remedies
Upon default, the Adoptive Parent(s) may petition the Court for injunctive relief, specific performance, and such other remedies as are available under Applicable Law.
6.5 Attorneys’ Fees
The prevailing party in any action to enforce this Consent shall be entitled to recover reasonable attorneys’ fees and costs, in the Court’s discretion.
7. DISPUTE RESOLUTION
7.1 Governing Law
This Consent is governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles.
7.2 Exclusive Forum
The parties submit to the exclusive jurisdiction of the [NAME OF COUNTY/CITY] Circuit Court, Family Division, for all proceedings arising out of or relating to this Consent.
7.3 Jury Waiver
To the extent a jury trial might otherwise be available, each party knowingly and voluntarily waives the right to a jury trial.
7.4 Injunctive Relief
Nothing in this Section 7 limits the Court’s authority to grant injunctive or equitable relief necessary to protect the Child’s best interests, including permanent placement orders.
[// GUIDANCE: Arbitration is not available for adoption matters under Virginia law; therefore, no arbitration clause is included.]
8. GENERAL PROVISIONS
8.1 Entire Agreement
This Consent constitutes the entire agreement among the parties concerning the subject matter and supersedes all prior verbal or written understandings.
8.2 Amendment & Waiver
No amendment or waiver is effective unless in writing, signed by the party against whom enforcement is sought, and approved by the Court.
8.3 Assignment
Rights under this Consent are personal to the parties and may not be assigned.
8.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force to the maximum extent permissible.
8.5 Successors
This Consent binds and inures to the benefit of the parties’ respective heirs, legal representatives, and permitted assigns.
8.6 Counterparts & Electronic Signatures
This Consent may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile are binding to the same extent as originals.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Consent as of the Effective Date.
CONSENTING PARENT
[CONSENTING PARENT NAME]
Date: ______
ACKNOWLEDGMENT
Commonwealth of Virginia
City/County of ________
Subscribed, sworn, and acknowledged before me this _ day of _, 20____, by [CONSENTING PARENT NAME].
Notary Public
My commission expires: _
Notary Registration No.: _
[SEAL]
ADOPTIVE PARENT(S) (ACKNOWLEDGMENT OF RECEIPT ONLY)
The undersigned acknowledge receipt of this executed Consent.
[ADOPTIVE PARENT NAME]
Date: ______
[ADOPTIVE PARENT NAME]
Date: ______
[// GUIDANCE: Adoptive Parent signatures are not required for validity of Consent but are customary to evidence notice.]
CERTIFICATE OF COUNSELING
I, ____, a [LICENSED SOCIAL WORKER/QUALIFIED COUNSELOR], hereby certify that I conducted the Counseling Session with [CONSENTING PARENT NAME] on ___, 20____, in compliance with Applicable Law, and that the Consenting Parent appeared to understand the nature and consequences of signing this Consent.
[COUNSELOR NAME & CREDENTIALS]
Date: ______
END OF DOCUMENT