What if other parent is incarcerated?

Incarceration does NOT prevent the adoption from moving forward — but how it affects the case depends on a few factors.

Here's what you need to know:

## If They've Had No Meaningful Contact

If the other parent has been incarcerated and failed to maintain a meaningful relationship with the child for 6+ months (Virginia's abandonment period), the adoption can proceed without their consent based on abandonment.

Key point: Being in prison is not an automatic excuse for abandonment. Parents can maintain contact from prison through:

• Regular letters
• Phone calls
• Visits (if you allowed them)
• Asking about the child's welfare

If they made no effort to stay connected despite being able to write letters or call, that's still abandonment.

## If They've Maintained Contact From Prison

If the incarcerated parent has been writing regularly, calling, or maintaining a real relationship with the child, then their consent would typically be required. However, you can still approach them about consenting to the adoption — many incarcerated parents recognize that the child deserves stability and will consent.

## How Service Works

The incarcerated parent must still be served with the adoption paperwork. If you know which facility they're in, service is actually easier than when someone's whereabouts are unknown — the papers are served directly to the prison.

## Virginia Courts Understand This

Virginia family courts see incarceration cases regularly. They look at whether the parent made reasonable efforts to maintain the relationship given their circumstances.

What's been the situation in your case? Has the incarcerated parent been in contact with the child, or has there been no communication?