In Virginia Adoption Law it is not necessary for a birth father to be named on the birth certificate to acquire parental rights. If he is the biological father, than he still has parental birth rights to the child.
In Virginia Adoption Law, birth fathers have full parental rights. Consequently, a birth mother has no legal right to conceal the identity of the birth father. They must either consent to the adoption in writing or be served with notice of the adoption.
Sometimes a birth mother does not know the full identity of the birth father. However, it is also important to understand that a birth mother may be reluctant to identify the birth father because of various emotions, such as shame or fear, and may simply deny knowing his identity.
In Virginia, fathers and mothers have the same legal rights, and a birthfather has the same rights as a birthmother. However, these rights can greatly diminish if the birthfather has not played an active role in the child's life.
An Adoption Petition must be filed in the Circuit Court of the county or city where the Petitioners live. However, if the child was placed by an agency, the petition may be filed in the county or city where the agency is located.