Virginia Adoption Laws, Page 3

Statute: §§ 48.41; 48.42

Statute: § 48.837

Any child 12 years of age or older is required to attend the hearing pertaining to his adoptive placement.

When Parental Consent is not Needed
Statute: § 48.415

Parental rights have been terminated due to failure of the parents to assume responsibility.
The parent has abandoned the child.
There is continuing parental disability.
The parent has abused the child.
The parent has relinquished custody of the child when the child was 72 hours old or younger.
The parent has failed to assume responsibility for the child or to establish a substantial relationship with the child.
The parent has caused the child to be conceived as a result of incest or sexual assault.
The parent has been convicted of homicide or of solicitation to commit homicide of the child’s other parent.

When Consent Can Be Executed
Statute: § 48.837

A hearing is held within 30 days of the filing of a petition for voluntary termination of parental rights, but not before the birth of the child.

How Consent Must Be Executed
Statute: § 48.41

Consent is given in court after the judge explains the effect of termination of rights and is satisfied that consent is informed and voluntary.
Personal appearance may be waived and written consents accepted if it is impossible or difficult for the parent to appear.

Revocation of Consent
Statute: § 48.46

Generally consents are irrevocable, but a parent who has consented to termination may, within 1 year, petition for relief on grounds given in § 806.07(1), i.e., mistake, newly-discovered evidence, fraud, misrepresentation, or misconduct. See the statute for detailed exceptions to the 1-year provision.
An adoptive parent who wishes to terminate parental rights with respect to his or her adopted child must petition to terminate parental rights under § 48.42, or appeal the order granting adoption.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)