Regulation of Private Domestic Adoption Expenses - Virginia

Date: May 2022

Birth Parent Expenses Allowed

Citation: Ann. Code § 63.2-1218

Payment of the following expenses is permitted:

  • Medical expenses and insurance premiums that are directly related to the birth mother's pregnancy and hospitalization
  • Mental health counseling for the birth mother and birth father
  • Reasonable and necessary expenses for food, clothing, and shelter when the birth mother is unable to work due to her pregnancy
  • Reimbursement for expenses incurred incident to any court appearance, including, but not limited to, food, lodging, and transportation
  • Fees for legal services
  • Transportation to any of the services provided

Birth Parent Expenses Not Allowed

Citation: Ann. Code § 63.2-1218

Fees determined to exceed the usual or customary amounts are prohibited.

Allowable Payments for Arranging Adoption

Citation: Ann. Code § 63.2-1218

No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service, or other thing of value in connection with a placement or adoption except reasonable and customary services provided by a licensed or duly authorized child-placing agency and fees paid for such services.

Allowable Payments for Relinquishing Child

Citation: Ann. Code § 63.2-1232(A)(4)

In a parental placement adoption, all parties must verify for the court that they understand that no binding contract regarding placement or adoption of the child may exist based on any financial agreement.

Allowable Fees Charged by Department/Agency

Citation: Ann. Code § 63.2-1248

Local departments of social services shall assess fees for home studies, investigations, visits, and reports. The fee charged shall not exceed the actual cost of the service.

The board shall adopt regulations and fee schedules, which shall include the following:

  • Standards for determining the petitioner's or applicant's ability to pay
  • A scale of fees based on the petitioner's or applicant's income and family size and the actual cost of the services provided

Accounting of Expenses Required by Court

Citation: Ann. Code § 63.2-1232(A)(4)

In a parental placement adoption, any financial agreements or exchange of property among the parties and any fees paid or charged must be disclosed to the court.