In a pivotal session on February 1, 2025, the Virginia Supreme Court addressed critical questions surrounding parental rights in the case of 240707 J.M. et al. v. A.A., et al. The discussions centered on the interpretation of Virginia law and its alignment with federal due process rights, particularly regarding the status of de facto parents in abuse and neglect petitions.

The court examined whether the Virginia statute, which categorically limits parental rights to biological and adoptive parents, could be challenged under the federal due process clause. Legal representatives argued that while the law is clear, the substantive due process rights recognized by the U.S. Supreme Court could potentially allow for broader interpretations, especially in cases involving close familial relationships.

A significant point raised was the distinction between de facto parents and those who stand in loco parentis, with examples cited, including non-biological caregivers like boyfriends or custodial grandparents. However, the court noted that existing precedents do not extend due process rights to these individuals, emphasizing that the rights under the Fourteenth Amendment are reserved for biological and adoptive parents.

The discussion highlighted the limitations of Virginia law, specifically Code 12.16, which does not recognize rights for biological grandparents or other close relatives unless a compelling case is made that federal law should take precedence. The court reiterated that crafting exceptions based on personal relationships would not align with the established legal framework.

As the court deliberates on these complex issues, the implications of their decision could significantly impact the rights of non-traditional caregivers in Virginia, shaping future cases involving child welfare and parental rights. The outcome will be closely watched by legal experts and advocates for family law, as it may set a precedent for how similar cases are handled in the future.