What is required for a birth parent relinquishment?

In Virginia, birth parents who wish to relinquish their parental rights over a child must go through a relatively strict process. First, the birth parents must be informed of their rights and responsibilities regarding adoption. This includes understanding and agreeing to the permanent termination of their parental rights. If the birth parents are making their decision voluntarily, they must complete a document called a Parental Consent to Adoption. This form must be witnessed by two people and signed in front of a notary public. The document must be filed with the circuit court in the jurisdiction where the birth parents reside and must include the birth parents’ written consent. In cases of involuntary termination, a separate court proceeding must be conducted. This requires the filing of a Petition for Involuntary Termination of Parental Rights. This petition must state the grounds for the involuntary termination and must be approved by a judge. The birth parents will have the opportunity to contest the petition in court. The court will appoint a lawyer to represent the child’s best interests and any birth parents who are unrepresented. Once the court has heard all of the evidence, a judge will rule on whether to terminate the birth parents’ parental rights. If the termination is granted, the judge will issue an order stating that the parental rights are terminated and the adoption process may begin.

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