Just came across this site while searching for VA adoption laws. It seems like everyone on here is so helpful!! :D So here is my family's story...

My husband and I got married in October (not sure if you have to be married for a certain amount of time). He has sole legal and physical custody of her with visitation as determined by him. The biological mother and my husband were never married and she left about four years ago and has made very little contact with my step-daughter. I know that she has not seen her for almost 3 years and has only called once to attempt to see her and didn't follow through. My step-daughter is now 9 and has no desire to see her biological mother at all. She signed the custody papers with no battle at all two years ago. We haven't heard from her since. My husband, step-daughter and I have decided I should try to adopt her. Since she signed the custody papers so easily, we were thinking she may just sign adoption papers as well. Is it legal to offer her money to sign?? ;) We know she'd definitely sign for that!! Yes...sad someone would sell their child. I don't understand how someone could do it. :confused:

Well here is where it gets kind of hard. The contact number we had for the biological mother is out of service. She no longer works at the same job. We haven't checked the address we have yet, but will this week. If we cannot get in contact with her, what is the best way to do this?? Does anyone know how long the process will take if we can get in contact with her vs. not?? I've heard that if we can't find her, we'd have to run an ad in the paper or something like that.

Any info would be greatly appreciated!! Thanks!! :)

Statutes:

Websites for Statutes:
http://legis.state.va.us
http://legis.state.va.us/Laws/CodeofVa.htm
Citations:
Adoption: Title 63.2, Chapters 12 through 14
Child Protection: Title 63.2, Chapter 15
Child Welfare: Title 63.2, Chapter 9 through 11; Title 16.1, Chapter 11, §§ 16.1-281 through 16.1-283


Abandonment
Citation: § 63.2-100


Abused or neglected child means any child less than 18 years of age whose parents or other person responsible for his or her care abandons such child.


Circumstances That Are Grounds for Termination of Parental Rights
§ 16.1-283


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:
Emotional illness, mental illness, or mental deficiency
Habitual abuse or addiction to intoxicating liquors, narcotics, or other dangerous drugs
The parent has subjected the child to aggravated circumstances, including, but not limited to, torture, chronic or severe abuse, or chronic or severe sexual abuse. It includes the failure to protect the child from such conduct.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of:
Murder or voluntary manslaughter of a child of the parent, a child with whom the parent resided, or the other parent of the child
Felony attempt, conspiracy, or solicitation to commit any such offense
A felony assault that results in serious bodily injury, felony bodily wounding, or felony sexual assault, and the victim was a child of the parent or a child residing with the parent
The parent has failed to maintain continuing contact with the child for 6 months after the child has been placed in foster care.
Parental rights to another child of the parent have been involuntarily terminated.


Who Must Consent to an Adoption
Citation: § 63.2-1202


The mother
The husband of the mother
The birth father if the parents are unwed, unless the birth father cannot be determined or fails to respond to notice
The agency or department having custody
A minor parent shall have power to consent



When Parental Consent is not Needed
Citation: § 63.2-1202


The father has been convicted of rape, which resulted the conception of the child.
The parent's parental rights have been terminated.
The putative father cannot be identified, or if known, fails to respond to notice.
The parents fail to appear at the adoption hearing.
Consent is withheld contrary to the best interests of the child.



How Consent Must Be Executed
Citation: §§ 63.2-1202; 63.2-1232; 63.2-1233


Consent in a direct placement must be executed in court in the presence of the adoptive parents.
The court shall first determine that the parent has been counseled on alternatives to adoption, and all procedures required by law have been completed.
Entrustments and consents in agency placements may be executed before an authorized officer.
Consent by the birth parents to placement of the child with a relative, of a degree specified per statute, may be executed before an authorized officer.



Revocation of Consent
Citation: §§ 63.2-1204; 63.2-1223; 63.2-1234


An entrustment agreement can be revoked by either birth parent until the child is 25 days old, and 15 days have elapsed since execution of the agreement.
Consent can be revoked by either parent for any reason for 15 days from the date of execution.
Parental consent can be revoked:
Before the final adoption order, only upon proof of fraud or duress
After placement of the child in an adoptive home, upon mutual written mutual consent of the birth and adoptive parents


Who May Adopt
Citation: Ann. Code § 63.2-1201
The following persons may adopt:

Any resident
A husband and wife jointly
A stepparent



Who May Be Adopted
Citation: Ann. Code §§ 63.2-1200; 63.2-1243
The following persons may be adopted:

A minor child
A person age 18 or older under the following circumstances:
The adopted person is a stepchild to whom the petitioner has stood in loco parentis for a period of at least 3 months.
The adopted person is a niece or nephew who has no living parents and who has lived in the home of the petitioner for at least 3 months.
The adopted person is the birth child of the petitioner or had resided in the home of the petitioner for a period of at least 3 months prior to reaching age 18.
The adopted person is at least 15 years younger than the petitioner, and the petitioner and the adopted person have known each other for at least 5 years prior to the filing of the petition for adoption.



Who May Place a Child for Adoption
Citation: Ann. Code § 63.2-1200
A child may be placed for adoption by:

A licensed child-placing agency
A local board of social services
The child's parent or legal guardian if the placement is a parental placement
An out-of-State agency that is licensed by that State, but any entrustment agreement must comply with Virginia law to be valid


Most courts will have you publish an ad in the classifieds if the whereabouts of the other parent is unknown. You would have to check your court's rules. You really do need an attorney to represent you during this, especially since the other parent seems a bit unstable. To prepare for the case, I would try to get as many police and arrest records as possible (she may or may not have a record but it always helps if they do). Document as best as possible the attempts your family has made to contact this person. If you have any phone records of calls placed to her, or returned letters that you sent to her last known address. From what I am reading you may not even have to have her consent.

Your time frame for having been this child's "in loco parentis" is apparently only 3 months so you could go ahead and file. An uncomplicated case may take anywhere from 6 to 12 months, longer only if she decides to fight it. However, she would have to have a very compelling reason to have been so neglectful. (like she was in a coma or something like that)


Good luck to you!!!!