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 For the adopting parents, adopting a child can be a very rewarding and exciting experience. For the birth parent, placing a child for adoption can be a very difficult but necessary decision. Unfortunately, the types of adoption and the laws governing each type can be very confusing for both adopting parents and birth parents. In most cases, an adoption can be categorized as one of the following:
back to top > Parental Placement Adoptions Most adoptions in the United States are parental placement adoptions (also called private or direct placements). These are adoptions where the birth parent(s) select the adopting parent(s) who will adopt his or her child. In Virginia, a parental placement requires that identifying background information be exchanged although the biological and adoptive parents can elect not to exchange last names and addresses. Even outside of Virginia, the exchange of background information is standard in parental placements. Also, in parental placements, usually some type of ongoing contact arrangement, although usually not binding, is established. This means that the birth parent(s) will receive pictures or letters about the child after the adoptive placement. This type of adoption arrangement is not legally binding, however, unless written in to the adoption order. back to top > Agency Placement Adoptions Foster care and special needs placements also tend to be agency placements. There are many waiting children of all backgrounds who want to be adopted and often there are federal and state subsidies available to help defray adoption costs. International Adoptions International adoptions usually are agency placements but will vary depending on the particular country and particular set of circumstances. Most children available for placement from other countries already are in orphanages or foster care and the biological parent(s) rights generally have been terminated. Adopting parents in Virginia who adopt from another country oftentimes may want to readopt or domesticate the adoption in the United States, or follow other available statutory procedures so as to obtain a Virginia issued birth certificate. back to top > Hiring an Adoption Attorney Working with an expert in adoption law will help ensure that the process goes smoothly. An experienced adoption attorney can:
Adoption & Surrogacy FAQ > back to top > Surrogacy and Assisted Conception Law Services
 With the miracles of modern science and success of "test-tube" babies, more and more couples and hopeful parents frustrated with infertility issues are turning to surrogacy, gestational carrier and egg donor arrangements. Fortunately, the Commonwealth of Virginia is an assisted reproductive technology-friendly state. Virginia is one of only a handful of states which has a law by statute that addresses assisted reproductive technology placements (such as surrogacy contracts, gestational carrier contracts, egg donor contracts, and sperm donors). In fact, the process in Virginia usually does not even involve any court proceedings! In Virginia, there are a few basic distinctions in the laws pertaining to surrogacy arrangements versus those governing egg donor arrangements. Below is a discussion of those differences. back to top > Surrogate Mothers and Gestational Carriers Once you have identified a surrogate mother, Virginia Statutes provide a legal method in Virginia for obtaining a pre-birth order, which allows placement of the name(s) of the intended parent(s) on the original birth certificate. However, the pre-birth order process is intrusive and expensive especially because it requires that a home study be done. The more common process for surrogate mother arrangements involves two basic steps: The first step in the process is entering into a contract governed by Virginia law prior to the assisted reproductive technology procedure (artificial insemination or in vitro placement) takes place. The second step is having the birth certificate amended after the birth of the child. This two-step process is relatively simple and can be done as long as the child is born in Virginia and at least one intended parent is genetically related to the child. For children born outside of Virginia, a court order is required and the process is more involved but can be accomplished via an Order of Parentage and, when necessary, if one intended parent is not genetically related, a step-parent adoption. The legal fee cost of drafting the assisted reproductive technology contract typically runs on average between $2,000 and $2,500. The legal fee cost of the second step of amending the birth certificate generally costs between $1500 to $2,000. These estimates are for legal services only and do not include any costs associated with the medical procedure itself or with obtaining DNA testing. These costs also don't include the cost of legal representation for the surrogate or gestational carrier. back to top > Egg Donors Sometimes the only impediment to conception is the viability of an intended mother's eggs. Through modern science, there are egg donors out there who are willing to endure the somewhat inconvenient procedure of increased ovulation and egg extraction. Usually a successful egg donor arrangement, after locating an acceptable donor, simply involves the drafting of an egg donor contract. Under Virginia law, the woman that carries and delivers the child is presumed to be the mother of the child and, absent a court order or amendment procedure, it is the carrying mother's name that is placed on the birth certificate. Accordingly, under the usual egg donor arrangement (where the donated eggs are placed into the intended mother) no amendment to the birth certificate is usually necessary. back to top > How an Experienced Surrogacy Attorney Can Help You Assisted reproductive technology arrangements are unique and there are not many attorneys that regularly practice in this area. Consulting an experienced attorney is advisable because this is a relatively new and evolving area of the law. With technological advances and developments continually appearing, such as cloning, it is all the more important for people entering surrogacy type agreements to protect themselves with competent and experienced legal representation. Colleen Marea Quinn, a partner at Cantor Arkema, P.C., is one of Virginia's foremost authorities on assisted reproductive technology law. She has provided counsel in hundreds surrogacy and assisted reproductive technologies (ARTS) arrangements since 1989. Her clients include intended parents, surrogates, gestational carriers, egg donors and the spouses of surrogates/gestational carriers/egg donors. Ms. Quinn is a fellow and on the Board of Trustees of the American Academy of Adoption Attorneys and a member of the AAAA ARTS Committee. Adoption & Surrogacy FAQ > back to top > |
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