Adoption is one of the most profound and joyous legal actions a family can undertake, solidifying a permanent bond between a child and their new parents. While the end result is heartwarming, the legal process in Northern Virginia is complex and requires meticulous attention to detail. At Raheen Family Law, our dedicated Fairfax adoption lawyer is here to guide you through every step of this journey. Virginia law recognizes two main avenues for placement—agency and non-agency adoptions—and we provide experienced counsel for both, ensuring your placement is handled legally, smoothly, and with the utmost care.
Our team of Fairfax adoption attorneys understands that each adoption case is unique. Whether you are prospective adoptive parents seeking to expand your family or a stepparent looking to formalize your relationship with your stepchild, we are here to assist. Our firm has extensive experience handling domestic adoption cases throughout Northern Virginia. We work closely with clients to explain the court process and legal requirements for each type of adoption. Our experienced adoption attorney provides compassionate support to families adopting children and helps them understand their legal options from start to finish.
Agency Placement Adoptions
Agency placements are placements through the local Department of Social Services or licensed child placing agencies.
Agency placements occur when the child is in the custody of local Department of Social Services or a licensed child placing agency. Under this scenario, all parental rights are terminated, custody with authority to place for adoption is granted to the agency, and the agency consents to the child’s adoption.
Working with an adoption agency involves specific procedures that our adoption attorney can help you manage. The agencies involved will handle much of the paperwork, but having legal representation ensures your rights and interests are protected throughout the adoption process.
Non-Agency Adoptions
Non-agency adoptions involve children who are not placed in the custody of a local Department of Social Services. Under non-agency adoption, the birth parent(s) or legal guardian(s) consent to the adoption and parental rights are terminated by entry of the final order of adoption. Non-Agency adoptions include parental adoption, stepparent adoption, adult adoption, and close relative adoption.
Our experienced adoption attorney will explain your legal options and help you decide which path is right for your circumstances. We assist families in understanding the legal requirements and help file all necessary adoption papers on your behalf.
Parental Adoption
Under parental placement adoption the birth parent(s) places the child with the adoptive parent(s). A licensed or otherwise authorized child-placing agency conducts a home study of the prospective adoptive home. The agency must prepare a home study report and include the agency’s recommendations regarding the suitability of the adoption placement. A copy the report must be provided to the court.
This type of domestic adoption requires careful coordination between birth parents, prospective adoptive parents, and the agency performing the home study. Our adoption lawyer will work with all parties involved to ensure a smooth process and that the best interests of the child remain the priority.
Stepparent Adoption
Under stepparent adoption, the new spouse of the birth parent (or adoptive parent, if applicable) adopts the child. A petition for adoption is filed in the circuit court of the county or city where the birth parent or the adoptive parent and such parent’s spouse reside or the county or city where the child resides. The birth or adoptive parent must join the petition for adoption, thereby indicating his or her consent to the adoption.
After the adoption petition is filed, the court has the discretion to either enter the adoption order or order a licensed child placement agency or the local Department of Social Services to do an investigation and submit its report to the court before the court enters the final order of adoption. In some cases, the court has the discretion to enter the final order of adoption without referring the case for investigation, such as, if the birth parent whose rights are going to be terminated (1) is deceased, (2) is the birth father and his identity is completely unknown, (3) is known and willing to consents to the adoption, (4) denies paternity of the child, or (5) consent to the adoption and the child is the result of surrogacy. The court may also enter the final order of adoption without referring the case for investigation if (6) the parent by adoption joining in the petition was not married at the time the child was adopted, or (7) the child is 14 years old or older and has lived in the home of the spouse of the birth or adoptive parent for at least 5 years. Alternatively, the court may refer the case to a local licensed child placement agency or the local Department of Social Services for an investigation or home study, who is required to prepare a report and submit it to the court.
Stepparent adoptions can significantly impact a child’s life and provide legal stability for blended families. Our Fairfax adoption attorneys help family members understand their legal rights and responsibilities throughout this process. We will advocate for your family’s goals and work to make the court process as efficient as possible.
What Happens if the Biological Parent Objects?
If the biological parent objects to the adoption, the court will schedule a hearing to decide whether to confirm the adoption. In such cases, the court may also require an investigation or home study of the parents, the adoptive parent, and the home in which the child resides. The investigation is completed by the local Department of Social Services or a private organization approved by the Court. A report of the investigation is filed with the court, which the court may use at the hearing to assist with determination of the best interests of the child.
When disputes arise, having an adoption attorney well-versed in Virginia family law is critical. Our attorney will represent your interests and present evidence supporting your position. We handle complex cases involving visitation concerns and work to protect the child’s best interests while advocating for our clients.
At the hearing, the court will consider several factors to determine whether to terminate one biological parent’s parental rights and allow the child to be adopted by a stepparent. These factors include (1) the efforts of the biological parent to obtain or maintain legal and physical custody of the child, (2) whether the biological parent is currently ready and able to assume custody of the child, (3) whether the biological parent’s efforts to assert parental rights were thwarted by other people, (4) the biological parent’s ability to care for the child, (5) the age of the child, (6) the quality of any previous relationship between the biological parent and the child, (7) the quality of any relationship between the biological parent and any other children, (8) the duration and suitability of the child’s present custodial environment, and (9) the effect of a change of custody on the child.
Close Relative Adoption
Under close relative adoption, a close relative adopts the child. Under the Code of Virginia “close relative” is defined as the child’s grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, adult great uncle or great aunt, stepparent, adult stepbrother or stepsisters, or other adult relatives of the child by marriage or adoption.
Close relative adoptions often provide children with stability when their biological child cannot remain with birth parents. These adoptions may involve different legal requirements than other types, and our team can explain what steps you need to take. A family adopting a relative may benefit from streamlined procedures in certain circumstances.
Adult Adoption
Adult adoption is the adoption of any person who is 18 years of age or older at the time of filing the adoption petition. Under adult adoption, consent of the biological parent(s) is not required, but the consent of the adult being adopted is required.
This practice area allows families to formalize existing relationships and can have implications for inheritance and legal rights. Our lawyer can help you understand whether adult adoption is right for your situation.
Home Study
Home studies are usually an important aspect of an adoption proceeding. A Virginia home study for adoption is an evaluation of the family’s readiness to adopt. Some areas of review include, but not limited to, financial position of the adopting family, the health condition of the adopting parent(s), a history of stable residency in home, the current family dynamic, and the potential family dynamic after the adoption.
The home study process includes background checks and interviews with all family members in the household. Our Fairfax adoption lawyer will prepare you for what to expect and help you present your home in the best light. Whether you are pursuing domestic adoption through an agency or a private placement, home study requirements set by Virginia law must be met. Our attorney works with families to assist them in meeting these standards and addressing any concerns that arise. We partner with you to manage the requirements involved and help ensure your adoption proceeds smoothly.
Why Choose Raheen Family Law for Your Adoption
Our Fairfax, VA adoption attorneys are committed to supporting families throughout Northern Virginia. We understand that the adoption process can be emotionally charged and legally complicated. That’s why our firm provides compassionate support and clear guidance to our clients at every stage.
We take time to understand your family’s goals and circumstances. Whether you need help with adoption papers, representation in circuit court, or someone to advocate for your interests during disputes, we are here for you. Our team has helped countless families in Fairfax and throughout Northern Virginia complete successful adoptions.
Every adoption case deserves personalized attention. We don’t believe in one-size-fits-all approaches. Instead, we work with each family to develop strategies that fit their unique situation and help them achieve their goals.
The adoption process and litigation can be emotionally charged and legally complicated. It is important that you have an experienced attorney on your side to help guide you through the process.
Don’t wait to get the legal support you need. Our Fairfax adoption attorneys are ready to assist you with your adoption case. We invite prospective adoptive parents, stepparents seeking to adopt their stepchild, and families considering domestic adoption to contact our firm today.
Schedule a consultation with our team to discuss your legal options and learn how we can help make your adoption dreams a reality. We serve clients throughout Fairfax and Northern Virginia, and we’re committed to providing the highest level of service to every family we represent. Contact Raheen Family Law today to speak with an adoption lawyer who will advocate for you and your family.
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