Legal Question in Family Law in Virginia

Father's Rights to Child

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In the United States, thanks to Roe v. Wade, an unborn child is not considered to be a person, so the unborn child has no interest in getting to know either or both of its parents. Once a child is born, it cannot be put up for adoption until both parents agree, assuming that the father has been identified by the mother. If the mother alleges that the father is unknown, she may seek to put the child up for adoption by consenting by herself. If you know where in Virginia the mother lives and where she is likely to live at the time that she gives birth to the child, the juvenile court in that area may entertain a petition by the father to determine whether he is, in fact, the child's natural father. Unfortunately, if you wait until the child is born to start this process and you don't know where the mother will be living then, you may not be able to file a custody petition in time. The best thing that you can do now (assuming that you live in Virginia) is to talk to the Court Services Unit of the Juvenile and Domestic Relations District Court that serves your geographical area and see whether that Unit is willing to file a custody petition on your behalf while you still know where the mother is.