Legal Question in Family Law in Virginia
Final Order of Adoption
Finding Virginia code 63.1-219.23, it states that there can be no attack on the final order of adoption ''including but not limited to fraud, duress, failure to give any required notice, failure of any procedural requirements, etc'' six months after final decree with no appeals. If in a parental placement adoption a birthmother provides a birthfather who signs consent and waives a paternity test, but later tells birthfather he may not actually be the bioligical father after the adoption is final, is the adoption at risk?
1 Answer from Attorneys
Re: Final Order of Adoption
No, the adoption would not be at risk in my view, even if this information were disclosed to the putative father before the expiration of the six month period within which certain attacks on the adoption are permitted.
Obviously, if the father requested a hearing within this period based upon this new information, and a paternity test was ordered, there could be a delay in the proceedings, but, even under this scenario, ultimately, I have to believe that the adoption would go forward until it was finalized.
(If the paternity test excluded the first alleged father, then a new due diligent search might have to be undertaken for a second alleged father with at least constructive notice to him). But it's highly unlikely, in my opinion, that the end result would be any different.
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