The purpose of adoption is to place children who have been permanently and legally separated from their birth parents with a new family. It is a social and legal process which gives new parent(s) the same rights and obligations as biological parents.

Adoption procedures are governed by Chapter 12 of the Code of Virginia. There are only two types of adoptive placements that are allowed by Virginia law. These are agency placements and non-agency placements.

Agency Placements

Agency placements occur when the child is in the custody of a local department of social services or licensed child-placing agency. In this situation, 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.

Non-agency Adoptions

A non-agency placement occurs when the child is not in the custody of an agency. In a non-agency placement, the birth parents or legal guardian(s) consent to the adoption, and parental rights are terminated by entry of the final order of adoption.

Except for licensed or duly authorized child-placing agencies, only birth parents and legal guardians are allowed to place a child for adoption in Virginia. Although anyone may provide assistance to birth parents in locating a prospective adoptive family and to adoptive parents in locating a child, only birth parents and legal guardians may actually place the child for adoption.

There are three different types of non-agency adoptions.

1. Stepparent adoptions: A stepparent adoption takes place when the spouse of a birth or adoptive parent is adopting the child. In this situation, consent has been obtained or is not required. An investigation will only take place if the court determines it is nescessary before the adoption is finalized. If the court does consider an investiation nescessary, the agency becomes involved when the adoption petition is filed and the circuit court enters the order of reference.
2. Parental Placement Adoptions: These are governed by Code of Virginia sections 63.2-1230 through 63.2-1240. In a parental placement, the approved child placing agency completes a home study report and a petition is filed in the juvenile and domestic relations court for execution of consent and awarding of custody to the prospective adoptive parents. The juvenile and domestic relations court reviews the home study report and collateral material to determine whether the requirements of law have been met, accepts parental consent, and transfers custody to the adoptive parents. An adoption petition may then be filed in circuit court.
   
   The overall steps in a parental placement adoption are as follows:(i) the agency receives a request for a home study; (ii) a home study is completed; (iii) a report of the home study is submitted to the juvenile and domestic relations district court; (iv) adoptive parents file a petition for execution of consent in juvenile and domestic relations district court; (v) court accepts consent and awards custody to the prospective adoptive parents; (vi) a petition for adoption is filed in the Circuit Court; (vii) the circuit court enters an interlocutory order of adoption if everything has been done in compliance with law; and (viii) after a six-month supervisory period, the circuit court enters a final order of adoption.
3. Adult Adoptions: An adult adoption is the adoption of any person who is 18 years of age or older at the time that the adoption petition is filed. Adult adoptions are governed by the provisions in section 63.2-1243 of the Code of Virginia. In an adult adoption, the agency first becomes involved when the adoption petition is filed in circuit court.

Other Court Ordered Services

Other court ordered services involve custody investigations or supervised visitation. "Custody investigation" refers to a court ordered method to gather information regarding a child whose custody, visitation or support is in controversy or requires determination. Custody investigations are usually requested in divorce situations.