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Tuesday, September 18, 2012
New Adoption Law for Contested Adoption
The following is the current addition to the existing VA Code section 63.2-1203, under number 4(C). C. In an adoption proceeding where the consent of a birth parent is required, but the petition for adoption alleges that the birth parent is withholding consent to the adoption, the court shall provide written notice to the birth parent of his right to be represented by counsel prior to any hearing or decision on the petition. Upon request, the court shall appoint counsel for any such birth parent if such parent has been determined to be indigent by the court pursuant to § 19.2-159. If you are approached my a parent who is desiring to give up custody for adoption to an out of state adoption, the notary may need to be cautious. The notary may be dealing with a contested adoption where indigent parent is required to have a court appointed lawyer. If the notary suspects a contested adoption, the needs to call the police and child protective services so the competent Juvenile and Domestic Court can sort out the case. Adoptions within VA should be done only State official is present. If parent wishes to execute a waiver of notice on an adoption, this is another matter. After going through the steps of notarization, the notary can execute a jurat. Waiver of Notice is also used in divorce cases. In all cases, the waiver of notice states the party wants no further notice or communications on the case.