Private Adoptions and the Interstate Compact

Private adoptions mean the child is not in the custody of the Virginia Department of Social Services. These include:

Re-adoptions
Adoptions through private agencies
Independent adoptions (step-parent, second parent, relative or non-relative)
Out-of-state public agency adoptions

Recommendations

It is strongly recommended to hire an adoption attorney. An attorney can:

Make sure the correct documents are filed at the right time
Answer questions about paternity and consent
Represent you if there are disagreements about the adoption

Note: The Virginia Department of Social Services cannot provide legal advice or legal documents.

Private Adoptions and the Interstate Compact

Indian Child Welfare Act

If the child has Native American or Alaska Native heritage, federal law requires compliance with the Indian Child Welfare Act. This may include contacting the child’s tribe and providing documentation before the adoption is finalized.

Home Study and Background Checks

A home study is required for all adoptions filed in Virginia courts
A licensed agency conducts the study, explains costs and provides instructions for background checks

For details, see the Code of Virginia – Chapter 12: Adoption.

If you are a parent, caregiver or attorney navigating an out-of-state placement or adoption, this ICPC Flowchart (PDF) will help you understand the Interstate Compact process. You can also email the Virginia office for support. Together, we can ensure children are placed safely and supported across state lines.

Private Adoptions and the Interstate Compact

Recommendations

Indian Child Welfare Act

Home Study and Background Checks

About

Transparency

Get Help