Terminating Parental Rights Through a Backdoor in the Virginia Code: Adoptions Under Section 63.2-1202(H)
Dale Margolin Cecka
University of Richmond School of Law
October 8, 2013
University of Richmond Law Review, Vol. 48, 2013
Under private adoption law in Virginia, a parent can lose her parental rights in one court hearing based on a single petition, without any proof of parental unfitness offered and without the opportunity to object to the adoption of her child. Virginia Code section 63.2-1202(H), pertaining to adoptions where the petitioner is a private party and the consent of the parent is not required, is so streamlined that it can violate the constitutional rights of both biological parents and their children. This article explores deficits in the statute, in light of constitutional law, other Virginia adoption and termination of parental rights statutes, and other states’ codes and jurisprudence.
Number of Pages in PDF File: 44Accepted Paper Series
Date posted: October 10, 2013
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