Terminating Parental Rights Through a Backdoor in the Virginia Code: Adoptions Under Section 63.2-1202(H)

44 Pages Posted: 10 Oct 2013

Date Written: October 8, 2013

Abstract

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.

Suggested Citation

Cecka, Dale Margolin, Terminating Parental Rights Through a Backdoor in the Virginia Code: Adoptions Under Section 63.2-1202(H) (October 8, 2013). University of Richmond Law Review, Vol. 48, 2013, Available at SSRN: https://ssrn.com/abstract=2337758

Dale Margolin Cecka (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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