Uncontested Adoption in Virginia: A Simple Guide for Families

Written by: Kate Beurmann-O’Neill

An uncontested adoption can be a fast and simple way to turn a difficult family situation into a happy one for the adopted child and the adopting parents.  If all required parties consent — or if one of the statutory exceptions to consent applies — the adoption process can move smoothly through the court system with minimal delay. Here’s what you need to know.

What Is an Uncontested Adoption?

An adoption is “uncontested” when all required biological parents sign valid consent forms when consent is required.

Uncontested adoptions are common in:

• Stepparent adoptions
• Private (parental-placement) adoptions
• Agency adoptions where consents are already handled

These cases usually move quickly and involve only a brief court hearing. Some jurisdictions, including Prince William County, have their own monthly special Adoption Docket for entering Adoption Orders.

Who Must Consent to Adoption in Virginia?

Under Virginia Code § 63.2-1202, the following consents are typically required:

• The birth mother
• The birth father (if he meets statutory requirements)
• The child (if age 14 or older)
• Any agency or guardian with legal custody

Consents must be written, signed under oath, and properly acknowledged before a judge or authorized official.  For parental-placement adoptions, the additional requirements in § 63.2-1233 apply, including timing rules (the child must be at least three days old).

In some circumstances, parental consent Is NOT Required.  In those cases, Virginia law excuses consent in several situations, including:

1. Denial of Paternity

A man who signs a sworn denial of paternity (per § 63.2-1202) waives all parental rights after 10 days.

2. Terminated Parental Rights

If a parent’s rights have been terminated by court order, consent is not required.

3. Abandonment (No Contact for 6 Months)

If a parent has not visited or contacted the child for at least six months without good cause, the court may waive consent (under § 63.2-1203).

4. Serious Criminal Circumstances

Consent is not required from a parent who committed certain sexual offenses that resulted in the child’s conception.

5. Best-Interest Determination

Under § 63.2-1203, the court may approve adoption without consent if withholding consent is contrary to the child’s best interests.

The Uncontested Adoption Process:

Most uncontested adoptions follow these steps:

1. File the adoption petition in circuit court
2. Provide consent forms or proof that consent isn’t required
3. Complete a home study, if required (often waived for stepparent adoptions)
4. Attend a short court hearing
5. Receive the Final Order of Adoption and new birth certificate

Uncontested cases often finalize within a few months.

Why Work With a Virginia Adoption Attorney?

Even uncontested adoptions require:

• Proper consent forms
• Statutory compliance
• Correct notice to biological parents
• Court approval

Mistakes can delay or jeopardize the adoption. An experienced Virginia family-law attorney ensures everything is completed the first time correctly.

Are You Ready to Start an Uncontested Adoption in Virginia?

Whether you’re a stepparent, relative, or adoptive family, an uncontested adoption offers a clear and positive path to building your family. The Divorce and Family Law Practice at Vanderpool, Frostick & Nishanian, P.C., guides clients through every step with compassion, efficiency, and attention to detail.

Contact us today to schedule a consultation and begin your Virginia adoption journey.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer