Contested Adoptions

It is not unusual for a birth parent to object to an adoption even if he or she has not played an important role, or sometimes any role, in the child’s life. When this occurs, the adoption may be in the child’s best interests even if the birth parent will not consent.

Virginia law allows the Court to grant an adoption without the consent of the birth parents if it makes a finding that the consent is being withheld contrary to the best interests of the child. The law specifies what evidence must be presented before a judge can make this finding. It is important that an adoptive family seek legal counsel from an adoption attorney who is an experienced litigator, who can help them navigate the process of collecting and presenting this evidence to the Court.

If you think that an adoption is in your child’s best interests, but do not believe that one or both of the birth parents will consent, then it is important to seek the best possible advice as to whether the evidence is sufficient to proceed. Robert H. Klima has three decades of litigation experience and has successfully tried contested adoption cases in many different counties throughout Virginia.