Robert H. Klima, P.C.
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Building Families Through Adoption for Over 30 Years

July 2017 Archives

Standards of Proof in Contested Adoptions

While Circuit Courts in Virginia have long had the authority to grant an adoption without the Consents of the Birth Parents of the child, in 1995 the General Assembly adopted Section 63.2-1205 of the Code of Virginia, which establishes standards of proof which the Court is directed to consider in making this extremely important decision.  Because granting an adoption over the objection of parents means terminating their parental rights, many judges have commented that this is one of the hardest decisions which they are ever called upon to make.  It is therefore essential that the standards of proof be properly understood, not just with respect to their meaning, but also with respect to their purpose.

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