In re Adoptation of Rivera

By judge William t. Newman, Jr.

After full consideration of the oral arguments and legal memorandum, the Court Denies the Petition for the Adoption of Jennifer Rivera for reasons set forth below.

Under Virginia Law, the Court may not generally grant a final decree of adoption without the consent of the child’s birth parents or a child placement agency. Va. Code Ann. § 63.1-219.10 (Michie 2001). In order to grantafinal decree of adoption in the absence of a birth parent’s consent, the court must find by clear and convincing evidence that failure to grant the petition for adoption would be…