2006 Code of Virginia § 63.2-1222 - Execution of entrustment agreement by birth parent(s); exceptions; notice and objection to entrustm...

63.2-1222. Execution of entrustment agreement by birth parent(s);exceptions; notice and objection to entrustment; copy required to befurnished; requirement for agencies outside the Commonwealth.

A. For the purposes of this section, a birth parent who is less than 18 yearsof age shall be deemed fully competent and shall have legal capacity toexecute a valid entrustment agreement, including an agreement that providesfor the termination of all parental rights and responsibilities, and performall acts related to adoption and shall be as fully bound thereby as if suchbirth parent had attained the age of 18 years.

B. (Effective until July 1, 2007) An entrustment agreement for thetermination of all parental rights and responsibilities with respect to thechild shall be valid notwithstanding that it is not signed by the birthfather of a child born out of wedlock if the identity of the birth father isnot reasonably ascertainable, or if such birth father denies under oath andin writing the paternity of the child.

B. (Effective July 1, 2007) An entrustment agreement for the termination ofall parental rights and responsibilities with respect to the child shall bevalid notwithstanding that it is not signed by the birth father of a childborn out of wedlock if the identity of the birth father is not reasonablyascertainable and such birth father did not register with the Putative FatherRegistry pursuant to Article 7 ( 63.2-1249 et seq.) of this chapter or thebirth father named by the birth mother denies under oath and in writing thepaternity of the child. A birth father shall be given notice of theproceedings if he is an acknowledged father pursuant to 20-49.1, anadjudicated father pursuant to 20-49.8, or a presumed father pursuant to 63.2-1202, a putative father that has registered with Putative FatherRegistry pursuant to Article 7 ( 63.2-1249 et seq.) of this chapter, or aputative father that has not registered with Putative Father Registry butwhose identity is reasonably ascertainable.

C. When a birth father is required to be given notice, he may be given noticeof the entrustment by registered or certified mail to his last known address.If he fails to object to the entrustment within 15 days of the mailing ofsuch notice, his entrustment shall not be required. Such objection shall bein writing, signed by the objecting party or counsel of record for theobjecting party and shall be filed with the agency that mailed the notice ofentrustment within the time period specified in 63.2-1223.

D. The execution of an entrustment agreement shall be required of a presumedfather except under the following circumstances: (i) if he denies paternityunder oath and in writing in accordance with subsection D of 63.2-1202;(ii) if the presumption is rebutted by sufficient evidence, satisfactory tothe circuit court, which would establish by a preponderance of the evidencethe paternity of another man or the impossibility or improbability ofcohabitation of the birth mother and her husband for a period of at least 300days preceding the birth of the child; (iii) if another man admits, inwriting and under oath, that he is the biological father; or (iv) if anadoptive placement has been determined to be in the best interests of thechild pursuant to 63.2-1205.

E. When none of the provisions of subsection D apply, notice of theentrustment shall be given to the presumed father pursuant to therequirements of 16.1-277.01.

F. An entrustment agreement for the termination of all parental rights andresponsibilities with respect to the child shall be valid notwithstandingthat it is not signed by the birth father of a child when the birth fatherhas been convicted of a violation of subsection A of 18.2-61, 18.2-63,subsection B of 18.2-366, or an equivalent offense of another state, theUnited States, or any foreign jurisdiction, and the child was conceived as aresult of such violation.

G. A birth father not married to the mother of the child may execute anentrustment agreement for the termination of all of his parental rights priorto the birth of the child. Such entrustment shall be subject to therevocation provisions of 63.2-1223.

H. No entrustment shall be required of a birth father if he denies under oathand in writing the paternity of the child. Such denial of paternity may bewithdrawn no more than 10 days after it is executed. Once the child is 10days old, any executed denial of paternity is final and constitutes a waiverof all rights with respect to the adoption of the child and cannot bewithdrawn.

I. A copy of the entrustment agreement shall be furnished to all partiessigning such agreement.

J. When any agency outside the Commonwealth, or its agent, that is licensedor otherwise duly authorized to place children for adoption by virtue of thelaws under which it operates executes an entrustment agreement in theCommonwealth with a birth parent for the termination of all parental rightsand responsibilities with respect to the child, the requirements of 63.2-1221 through 63.2-1224 shall apply. The birth parent may expresslywaive, under oath and in writing, the execution of the entrustment under therequirements of 63.2-1221 through 63.2-1224 in favor of the execution ofan entrustment or relinquishment under the laws of another state if the birthparent is represented by independent legal counsel. Such written waiver shallexpressly state that the birth parent has received independent legal counseladvising of the laws of Virginia and of the other state and that Virginia lawis expressly being waived. The waiver also shall include the name, address,and telephone number of such legal counsel. Any entrustment agreement thatfails to comply with such requirements shall be void.

(1989, c. 647, 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826;1999, c. 1028; 2000, c. 830, 63.1-219.29; 2002, c. 747; 2004, c. 815; 2005,c. 890; 2006, cc. 825, 848.)