The creation of a family through adoption is an important event in the lives of adoptive parents and their children. The adoption lawyers at Stiles Ewing Powers have experience in handling all types of adoptions:

  • Agency placement adoptions where a child has been placed with a licensed child-placing agency voluntarily by the birth parent or parents or because the parental rights of the birth parent or parents have been terminated involuntarily.
  • Parental placement adoptions where the birth parent or parents have placed a child directly with the adoptive parents.
  • Close relative adoptions where a child is being adopted by their 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.
  • Stepparent adoptions where a child is being adopted by their parent’s new spouse.
  • Foster parent adoptions where a child was placed with a foster parent after being placed with a licensed child-placing agency while the parental rights of the birth parent or parents were being terminated.
  • Adult adoptions where an adult is being adopted by someone with a close personal relationship with the person being adopted such as stepparents or someone who has stood in loco parentis for the person being adopted.
  • Interstate adoptions where a child is being placed for adoption by a birth parent or parents who reside in another state with adoptive parents who reside in Virginia or, alternatively, being placed for adoption by a birth parent or parents who reside in Virginia with adoptive parents who reside in another state.
  • International adoptions where a child has been adopted in a foreign country, and the adoptive parents re-adopt or finalize the adoption in Virginia.
  • Adoptions for children conceived through assisted reproductive technologies (ART) when dealing with surrogacy, gestational carriers, egg, sperm, and embryo donation, including in vitro fertilization and artificial insemination.
  • Special needs adoptions where a child has physical, mental, or emotional conditions existing before the adoption or some type of hereditary or birth issues which may lead to a substantial risk of future disability.
  • Contested adoptions where a court determines that a person or agency whose consent is required is withholding their consent contrary to the best interest of the child.

Though many adoptions will not require a court hearing, all adoptions require court approval. The process can be complicated, but working with an experienced adoption lawyer can provide a firm foundation of security and peace of mind for newly formed families.

Consent for Adoption and Home Studies

The consent of the birth parents is required in most types of adoptions, and the process varies based on the type of adoption. Some adoptions, such as parental placement adoptions, require court hearings to ensure that the consent for an adoption is voluntarily given. In rare cases, after careful consideration of specific statutory factors, a court can determine that the consent of a birth parent is being withheld contrary to the best interests of the child and grant the adoption without that consent. Because of the importance of obtaining valid consent for adoption, the attorneys at Stiles Ewing Powers pay careful attention to ensure each step is taken.

Many adoptions require home studies. Most agency placement and birth placement adoptions require an assessment of the adoptive parents, including interviews, home visits, and background checks. Our attorneys work closely with agencies and social workers to ensure that the proper background information is secured to allow the adoption to proceed.

Interstate and International Adoptions

Interstate adoptions add additional layers of complexity to an adoption. The placement of a child from one state into another requires strict compliance with the Interstate Compact on the Placement of Children (ICPC) (also known as the Interstate Compact). One key element of the Interstate Compact is obtaining permission to move the child from the state where he or she was born to the state where the adoptive parents reside. In addition, finalizing an adoption in a different state may be more advantageous in some situations. Often, it may be necessary to consult with or obtain counsel in another state to meet the particular requirements of each state. The attorneys at Stiles Ewing Powers have a long experience in coordinating interstate adoptions.

International adoptions are extremely complicated and may negatively impact a child’s immigration status. Most international adoptions are finalized in the country in which the child is born, and then the child is re-adopted or finalized in Virginia. Our attorneys have an extensive history of navigating the difficulties of this type of adoption.

The Importance of Getting It Right

Adoptions in Virginia are “purely statutory,” which means that specific statutory requirements must be met. Failure to meet those specific requirements can be devastating to the family and the adopted child because it could undermine the validity of the adoption or, in the worst case, make it like it never occurred. The adoption lawyers at Stiles Ewing Powers work diligently to ensure all requirements are met so our clients can create loving and stable families.