What is a legal risk adoption?

A legal risk adoption is when a person in Virginia adopts a child without the consent of both of the child’s birth parents. This type of adoption takes place when a birth parent’s whereabouts is unknown, or they are unwilling or unable to give their consent. In cases where the birth parents are known, select documents need to be signed by the birth parents in order for the adoption to be legally binding. Since the birth parents’ consent cannot be obtained in a legal risk adoption, the adoption creates a risk that a birth parent could challenge it in court. In Virginia, the Circuit Court of the county or city where either the birth parent or the adoptive parents reside handles legal risk adoptions. The adoptive parent needs to submit a petition to the court, along with proof that they have made reasonable attempts to locate the birth parents. Then, after all the documents have been filed, the court will hold a hearing to determine the parental rights of the birth parents and if a legal risk adoption is necessary. The judge will then decide if the child’s best interests can be served by a legal risk adoption. If the answer is yes, the adoption can be completed, and the adoptive parents become the legal parents of the child.

Related FAQs

How can I make sure our adoption is safe and ethical?
What is open adoption and what are the benefits?
What is a foreign adoption?
How do I contact a social worker about adoption?
Can I terminate my parental rights for adoption?
What resources are available to help with the adoption process?
How do I find an adoptive family?
Are there any grants available for adoption?
What is open adoption?
Who can adopt a child in the US?

What is a legal risk adoption?

Related FAQs

Related Blog Posts