2006 Code of Virginia § 63.2-903 - Entrustment agreements; adoption

63.2-903. Entrustment agreements; adoption.

A. Whenever a local board accepts custody of a child pursuant to anentrustment agreement entered into under the authority of 63.2-900, or alicensed child-placing agency accepts custody of a child pursuant to anentrustment agreement entered into under the authority of 63.2-1817, in thecity or county juvenile and domestic relations district court a petition forapproval of the entrustment agreement (i) shall be filed within a reasonableperiod of time, not to exceed 89 days after the execution of an entrustmentagreement for less than 90 days, if the child is not returned to his homewithin that period; (ii) shall be filed within a reasonable period of time,not to exceed 30 days after the execution of an entrustment agreement for 90days or longer or for an unspecified period of time, if such entrustmentagreement does not provide for the termination of all parental rights andresponsibilities with respect to the child; and (iii) may be filed in thecase of a permanent entrustment agreement which provides for the terminationof all parental rights and responsibilities with respect to the child.

B. For purposes of 63.2-900, 63.2-1817 and this section, a parent who isless than 18 years of age shall be deemed fully competent and shall havelegal capacity to execute a valid entrustment agreement, including anagreement that provides for the termination of all parental rights andresponsibilities, and shall be as fully bound thereby as if such parent hadattained the age of 18 years. An entrustment agreement for the termination ofall parental rights and responsibilities shall be executed in writing andnotarized. An entrustment agreement for the termination of all parentalrights and responsibilities with respect to the child shall be validnotwithstanding that it is not signed by the father of a child born out ofwedlock if the identity of the father is not reasonably ascertainable, or ifsuch father is given notice of the entrustment by registered or certifiedmail to his last known address and fails to object to the entrustment within21 days of mailing of such notice. An affidavit of the mother that theidentity of the father is not reasonably ascertainable shall be sufficientevidence of this fact, provided there is no other evidence that would refutesuch an affidavit. The absence of such an affidavit shall not be deemedevidence that the identity of the father is reasonably ascertainable. Forpurposes of determining whether the identity of the father is reasonablyascertainable, the standard of what is reasonable under the circumstancesshall control, taking into account the relative interests of the child, themother and the father.

C. An entrustment agreement for the termination of parental rights andresponsibilities with respect to the child shall be valid notwithstandingthat it is not signed by the birth father of a child when such father hasbeen 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.

D. A child may be placed for adoption by a licensed child-placing agency or alocal board, in accordance with the provisions of 63.2-1221.

(Code 1950, 63-73, 63-241; 1952, c. 409; 1960, c. 331; 1968, cc. 466, 578,585, 63.1-56, 63.1-204; 1972, c. 50; 1974, c. 620; 1975, cc. 248, 406;1977, cc. 559, 562, 634, 645; 1978, cc. 730, 734, 735; 1981, c. 259; 1984, c.734; 1985, cc. 18, 285; 1986, cc. 88, 281; 1988, c. 882; 1989, c. 647; 1991,c. 34; 1994, c. 865; 1995, cc. 772, 826; 1999, cc. 889, 1028; 2000, c. 830;2002, c. 747; 2004, c. 815; 2005, c. 890.)