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Old 04-14-2008, 08:26 AM
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Nicole28 Nicole28 is offline
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Here's more information pertaining to adoption laws in Virginia - -

Who Must Consent to an Adoption

Statute: §§ 48.41; 48.42

* A parent may consent to a voluntary termination of parental rights.
* A petition may also be filed by an agency or other authorized person.

In other words, if the biological mother voluntarily terminated her parental rights, that would certainly be much easier than if the courts had to go through the process of deeming her an "unfit parent."

Age When Consent of Adoptee is Considered or Required

Statute: § 48.837

* Any child 12 years of age or older is required to attend the hearing pertaining to his adoptive placement.

I am guessing that these two young girls would prefer to remain in your custody, so this is just a sidenote.

Parental consent is NOT needed when:

* Parental rights have been terminated due to failure of the parents to assume responsibility.
* The parent has abandoned the child.
* There is continuing parental disability.
* The parent has abused the child.
* The parent has relinquished custody of the child when the child was 72 hours old or younger.
* The parent has failed to assume responsibility for the child or to establish a substantial relationship with the child.
* The parent has caused the child to be conceived as a result of incest or sexual assault.
* The parent has been convicted of homicide or of solicitation to commit homicide of the child’s other parent.

I guess - in this case - the bio-mother's lack of involvement could potentially be considered abandonment?

Here's contact info: Contact: Legislative Information
(804) 698-1500

Web Site: Welcome to the Virginia General Assembly Website. [for more info]

Who May Adopt


Statute: § 48.82

* A resident of the State
* A husband and wife jointly
* A stepparent
* An unmarried adult

Effect on Parental Rights
Statute: § 48.415

* The court may grant involuntary termination of parental rights on the grounds that custody has been relinquished.

(Child Welfare Information Gateway)

Hopefully that gives you a place to start. A friend of mine suggested that your first step be contacting social services in your county and filing some kind of complaint [for lack of a better term] regarding the biological mother's lack of parental involvement - and inquire about what YOU are able to as her current guardian. My friend also suggested that you file some kind of document citing you as the legal guardian, if you have not already done so, as a preventative measure - you know, just in case this process gets complicated and the bio-mother makes any kind of attempt to regain custody or fight you along the way.

Good luck.
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