dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1221. Placement of children for adoption by agency or local board.
A licensed child-placing agency or local board may place for adoption, and is empowered to consent to the adoption of, any child who is properly committed or entrusted to its care, in accordance with the provisions of §§ 63.2-900, 63.2-903, 63.2-1817 or this section, when the order of commitment or the entrustment agreement between the birth parent(s) and the agency or board provides for the termination of all parental rights and responsibilities with respect to the child for the purpose of placing and consenting to the adoption of such child.

The entrustment agreement shall divest the birth parent(s) of all legal rights and obligations with respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them, provided that such rights and obligations may be restored to the birth parent(s) and the child by circuit court order prior to the entry of a final order of adoption upon proof of fraud or duress. An entrustment agreement for the termination of all parental rights and responsibilities shall be executed in writing and notarized, and shall be revocable prior to entry of an order finalizing the agreement (i) upon proof of fraud or duress, or (ii) after the placement of the child in an adoptive home upon written mutual consent of the birth parents and prospective adoptive parents.

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.28; 2002, c. 747; 2004, c. 815; 2009, c. 805.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1223. Revocation of entrustment agreement.
A valid entrustment agreement terminating all parental rights and responsibilities to the child shall be revocable by either of the birth parents until (i) the child has reached the age of 10 days and (ii) seven days have elapsed from the date of execution of the agreement. In addition, a valid entrustment agreement shall be revocable by either of the birth parents if the child has not been placed in the physical custody of the prospective adoptive parents at the time of such revocation. Revocation of an entrustment agreement shall be in writing and signed by the revoking party. The written revocation shall be delivered to the child-placing agency or local board to which the child was originally entrusted. Delivery of the written revocation shall be made during the business day of the child-placing agency or local board to which the child was originally entrusted, in accordance with the applicable time period set out in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the agency or local board is officially closed, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the agency or local board is officially closed. Upon revocation of the entrustment agreement, the child shall be returned to the parent revoking the agreement.

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.30; 2002, c. 747; 2006, cc. 825, 848; 2007, cc. 606, 623.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1224. Explanation of process, legal effects of adoption required.
Prior to the placement of a child for adoption, the licensed child-placing agency or local board having custody of the child shall provide an explanation of the adoption process to the birth mother and, if reasonably available, the man who is an acknowledged father pursuant to § 20-49.1, an adjudicated father pursuant to § 20-49.8, a presumed father pursuant to § 63.2-1202, or a putative father who has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) of this chapter.

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.31; 2002, c. 747; 2010, c. 855; 2017, c. 200.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1225. Determination of appropriate home.
A. In determining the appropriate home in which to place a child for adoption, a married couple or an unmarried individual shall be eligible to receive placement of a child for purposes of adoption. Prior to or after the acceptance of custody of a child placed for adoption, a licensed child-placing agency or a local board shall consider the recommendations of the birth parent(s), a physician or attorney licensed in the Commonwealth, or a clergyman who is familiar with the situation of the prospective adoptive parent(s) or the child. No birth parent, physician, attorney or clergyman shall advertise that he is available to make recommendations, nor shall he charge any fee for such recommendations to a board or agency, except that an attorney may charge for legal fees and services rendered in connection with such placement.

B. The agency or local board may give consideration to placement of the child with the recommended adoptive parent(s) if the agency or local board finds that such placement is in the best interest of the child. When the birth parent(s) has recommended such placement, the agency or local board shall provide the birth parent(s) the opportunity to be represented by independent legal counsel as well as the opportunity for counseling with a social worker, family-services specialist, or other qualified equivalent worker. The agency or board also shall advise the prospective adoptive parent(s) of the right to be represented by independent legal counsel. The parties may, but are not required to, exchange identifying information as provided for in subdivision A 3 of § 63.2-1232.

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.32; 2002, c. 747; 2003, c. 779; 2006, cc. 654, 825; 2009, c. 805; 2014, c. 285.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1226. When birth parents recommend adoptive parents.
When a licensed child-placing agency or a local board is requested to accept custody of a child for the purpose of placing the child with adoptive parent(s) recommended by the birth parent(s) or a person other than a licensed child-placing agency or local board, either the parental placement adoption provisions or the agency adoption provisions of this chapter shall apply to such placement at the election of the birth parent(s). Such agency or local board shall provide information to the birth parent(s) regarding the parental placement adoption and agency adoption provisions and shall provide the birth parent the opportunity to be represented by independent legal counsel as well as counseling with a social worker, family-services specialist, or other qualified equivalent worker. No person shall charge, pay, give, or agree to give or accept any money, property, services, or other thing of value in connection with such adoption except as provided in § 63.2-1218.

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.33; 2002, c. 747; 2006, cc. 654, 825; 2007, cc. 606, 623; 2014, c. 285.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1227. Filing of petition for agency adoption.
A petition for the adoption of a child placed in the physical custody of the petitioners by a child-placing agency shall be filed in the name by which the child will be known after adoption, provided the name is followed by the registration number of the child's original birth certificate and the state or country in which the registration occurred unless it is verified by the registrar of vital statistics of the state or country of birth that such information is not available. In the case of a child born in another country, an affidavit by a representative of the child-placing agency that a birth certificate number is not available may be substituted for verification by a registrar of vital statistics for that country. The report of investigation required by § 63.2-1208 and, when applicable, the report required by § 63.2-1212 shall be identified with the child's name as it appears on the birth certificate, the birth registration number and the name by which the child is to be known after the final order of adoption is entered. The petition for adoption shall not state the birth name of the child or identify the birth parents unless it is specifically stated in the agency's consent that the parties have exchanged identifying information.

A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents, and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.

Code 1950, § 63-348; 1952, c. 550; 1954, c. 489; 1956, c. 300; 1964, c. 459; 1968, c. 578, § 63.1-221; 1970, c. 672; 1973, c. 406; 1975, c. 461; 1978, c. 730; 1983, c. 614; 1988, c. 882; 1989, c. 647; 1991, cc. 76, 602; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.34; 2002, c. 747; 2006, cc. 825, 848.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1228. Forwarding of petition.
Upon the filing of the petition, the circuit court shall, upon being satisfied as to proper jurisdiction and venue, immediately enter an interlocutory order or an order referring the case to a child-placing agency to conduct an investigation and prepare a report pursuant to § 63.2-1208. Upon entry of the interlocutory order or the order of reference, the court shall forward a copy of the petition and all exhibits thereto to the Commissioner and to the agency that placed the child. In cases where the child was placed by an agency in another state, or by an agency, court, or other entity in another country, the petition and all exhibits shall be forwarded to the local director or licensed child-placing agency, whichever agency completed the home study or provided supervision. If no Virginia agency provided such services, or such agency is no longer licensed or has gone out of business, the petition and all exhibits shall be forwarded to the local director of the locality where the petitioners reside or resided at the time of filing the petition or had legal residence at the time of the filing of the petition.

Code 1950, § 63-349; 1954, c. 489; 1956, c. 489; 1956, c. 187; 1962, c. 603; 1964, c. 429; 1968, cc. 346, 578, § 63.1-223; 1974, cc. 26, 493, 507; 1975, c. 364; 1978, c. 730; 1980, c. 740; 1982, c. 115; 1988, cc. 579, 599, 882; 1989, c. 647; 1992, c. 607; 1993, c. 553; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.35; 2002, c. 747; 2006, cc. 825, 848; 2022, c. 377.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1228.1. Repealed.
Repealed by Acts 2010, c. 331, cl. 2.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1229. Foster parent adoption.
When a foster parent who has a child placed in the foster parents' home by a licensed or duly authorized child-placing agency desires to adopt the child and (i) the child-placing agency holding custody of the child consents to the adoption after the child has resided in the home of such foster parent continuously for at least six months or the child-placing agency holding custody of the child does not consent to the adoption and the child has resided in the home of such foster parent continuously for at least 18 months and (ii) the birth parents' rights to the child have been terminated, the circuit court shall accept the petition filed by the foster parent and shall order a thorough investigation of the matter to be made pursuant to § 63.2-1208. The circuit court may refer the matter for investigation to a licensed or duly authorized child-placing agency other than the agency holding custody of the child. Upon completion of the investigation and report and filing of the consent of the agency holding custody of the child, or upon the finding contemplated by § 63.2-1205, the circuit court may enter a final order of adoption waiving visitation requirements, if the circuit court determines that the adoption is in the best interests of the child.

Code 1950, § 63-348; 1952, c. 550; 1954, c. 489; 1956, c. 300; 1964, c. 459; 1968, c. 578, § 63.1-221; 1970, c. 672; 1973, c. 406; 1975, c. 461; 1978, c. 730; 1983, c. 614; 1988, c. 882; 1989, c. 647; 1991, cc. 76, 602; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.36; 2002, c. 747; 2007, cc. 606, 623; 2018, c. 94.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1230. Placement of children by parent or guardian.
The birth parent, legal guardian, or adoptive parent of a child may place his child for adoption directly with the prospective adoptive parents of his choice. Such parent or legal guardian may execute a power of attorney to the prospective adoptive parent for discharge of a newborn infant from a hospital or for the initial physical placement of a child with a prospective adoptive parent pursuant to subsection B of § 20-166 and subsection A of § 54.1-2969. Consent to the proposed adoption shall be executed upon compliance with the provisions of this chapter before a juvenile and domestic relations district court or, if the birth parent or legal guardian does not reside in Virginia, before a court having jurisdiction over child custody matters in the jurisdiction where the birth parent or legal guardian resides when requested by a juvenile and domestic relations district court of this Commonwealth, pursuant to § 20-146.11. Consent proceedings shall be advanced on the juvenile and domestic relations district court docket so as to be heard by the court within 10 days of filing of the petition, or as soon thereafter as practicable so as to provide the earliest possible disposition.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.37; 2001, c. 305; 2002, c. 747; 2009, c. 805; 2024, c. 90.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1231. Home study; meeting required; exception.
A. Prior to the consent hearing in the juvenile and domestic relations district court, a home study of the adoptive parent(s) shall be completed by a licensed or duly authorized child-placing agency and the prospective adoptive parents shall be informed that information about shaken baby syndrome, its effects, and resources for help and support for caretakers is available on a website maintained by the Department in accordance with regulations adopted by the Board. Home studies by local boards or licensed child-placing agencies shall be conducted in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department. All home studies, including all related approval documentation other than background checks, conducted pursuant to this section, whether by a local board or a licensed child-placing agency, shall be transferable between all localities, local boards, and licensed child-placing agencies within the Commonwealth at the request of the prospective adoptive parent, subject to any time limitations set forth in subsection B and any other requirements imposed by law or regulation.

All home studies conducted pursuant to this section, whether by a local board or a child-placing agency, shall make inquiry as to (i) whether the prospective adoptive parents are financially able, morally suitable, and in satisfactory physical and mental health to enable them to care for the child; (ii) the physical and mental condition of the child, if known; (iii) the circumstances under which the child came to live, or will be living, in the home of the prospective adoptive family, as applicable; (iv) what fees have been paid by the prospective adoptive family or in their behalf in the placement and adoption of the child; (v) whether the requirements of subdivisions A 1, 2, 3, and 5 of § 63.2-1232 have been met; and (vi) any other matters specified by the circuit court. In the course of the home study, the agency social worker, family-services specialist, or other qualified equivalent worker shall meet at least once with the birth parent(s) and at least once with the prospective adoptive parents. Upon agreement of both parties, such meetings may occur simultaneously or separately.

B. Any home study conducted pursuant to this section for the purpose of parental placement or agency placement shall be valid for a period of 36 months from the date of completion of the study. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.38; 2002, c. 747; 2006, cc. 825, 848; 2007, c. 808; 2008, c. 494; 2010, c. 551; 2014, c. 285; 2017, c. 193; 2023, c. 340.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1234. When consent is revocable.
Consent shall be revocable as follows:

1. By either consenting birth parent for any reason for up to seven days from its execution; however, such seven-day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth parent shall not affect the right of the second consenting birth parent to retain his seven-day revocation period.

a. Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the juvenile and domestic relations district court, within the time period specified in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the clerk's office is closed as authorized by statute, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk's office is closed as authorized by statute.

b. Upon the filing of a valid revocation within the time period set out in this section, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district court shall determine custody of the child as between the birth parents.

2. By any party prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.41; 2002, c. 747; 2006, cc. 825, 848; 2008, c. 662.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1235. Adoptive home not in child's best interests.
If the juvenile and domestic relations district court determines from the information provided to it that placement in the prospective adoptive home will be contrary to the best interests of the child, it shall so inform the birth parents. If the birth parents choose not to retain custody of the child nor to designate other prospective adoptive parents, or if the birth parents' whereabouts are not reasonably ascertainable, the juvenile and domestic relations district court shall determine custody of the child.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.42; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1236. Duty of Department to disseminate information.
The Department shall develop and disseminate information to the public regarding the provisions of parental placement adoptions, including the desirability of initiating the procedures required by § 63.2-1232 as early in the placement and adoption process as possible to ensure that birth parents are aware of the provisions of this law and begin required procedures in a timely manner.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.43; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1237. Petition for parental placement adoption; jurisdiction; contents.
Proceedings for the parental placement adoption of a minor child and for a change of name of such child shall be instituted only by petition to the circuit court in the county or city in which the petitioner resides or in the county or city where a birth parent has executed a consent pursuant to § 63.2-1233. Such petition may be filed by any natural person who resides in the Commonwealth or is the adopting parent(s) of a child who was subject to a consent proceeding held pursuant to § 63.2-1233. The petition shall ask leave to adopt a minor child not legally the petitioner's by birth and, if it is so desired by the petitioner, also to change the name of such child. In the case of married persons, the petition shall be the joint petition of the husband and wife but, in the event the child to be adopted is legally the child by birth or adoption of one of the petitioners, such petitioner shall unite in the petition for the purpose of indicating his or her consent to the prayer thereof only. The petition shall contain a full disclosure of the circumstances under which the child came to live, and is living, in the home of the petitioner. Each petition for adoption shall be signed by the petitioner as well as by counsel of record, if any. In any case in which the petition seeks the entry of an adoption order without referral for investigation, the petition shall be under oath.

The petition shall state that the findings required by § 63.2-1232 have been made and shall be accompanied by appropriate documentation supporting such statement, to include copies of documents executing consent and transferring custody of the child to the prospective adoptive parents, and a copy of the report required by § 63.2-1231. The court shall not waive any of the requirements of this paragraph nor any of the requirements of § 63.2-1232 except as allowed pursuant to subsection D of § 63.2-1232 or subdivision 4 of § 63.2-1233.

A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents; and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.

Code 1950, § 63-348; 1952, c. 550; 1954, c. 489; 1956, c. 300; 1964, c. 459; 1968, c. 578, § 63.1-221; 1970, c. 672; 1973, c. 406; 1975, c. 461; 1978, c. 730; 1983, c. 614; 1988, c. 882; 1989, c. 647; 1991, cc. 76, 602; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.44; 2002, c. 747; 2006, cc. 825, 848; 2015, c. 529.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1238. Forwarding of petition; when investigation and report not required.
A. Upon the filing of the petition, the circuit court shall forward a copy of the petition and all exhibits thereto to the Commissioner and to the local director where the petitioners reside or resided at the time of filing the petition, or had legal residence at the time of the filing of the petition. However, in cases where a licensed child-placing agency has completed a home study, the petition and all exhibits shall be forwarded to the licensed child-placing agency.

B. In parental placement adoptions where consent has been properly executed, no investigation and report pursuant to § 63.2-1208 is required. However, the circuit court may order a thorough investigation of the matter and report in which case the provisions of § 63.2-1208 shall apply.

Code 1950, § 63-349; 1954, c. 489; 1956, c. 489; 1956, c. 187; 1962, c. 603; 1964, c. 429; 1968, cc. 346, 578, § 63.1-223; 1974, cc. 26, 493, 507; 1975, c. 364; 1978, c. 730; 1980, c. 740; 1982, c. 115; 1988, cc. 579, 599, 882; 1989, c. 647; 1992, c. 607; 1993, c. 553; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.45; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1239. Return of copies furnished to counsel.
Any copy of the report required by § 63.2-1208 to be furnished to counsel of record representing the adopting parent or parents shall, upon the entry of a final order of adoption, or other final disposition of the matter, be returned by such counsel, without having been duplicated, to the clerk of the circuit court in which final disposition of the matter is had, to be disposed of as is required by § 63.2-1246 for the return of the original report.

Code 1950, § 63-350; 1968, c. 578, § 63.1-224; 1974, c. 26; 2000, c. 830, § 63.1-219.46; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1240. Court issuing order deemed sending agency under Interstate Compact on Placement of Children.
When a petitioner moves outside the Commonwealth after the entry of an interlocutory order of adoption but prior to the entry of a final order of adoption and the child was not placed by a child-placing agency, the circuit court issuing the interlocutory order shall be deemed the sending agency for the purposes of the Interstate Compact on the Placement of Children authorized pursuant to the provisions of § 63.2-1000.

1978, c. 733, § 63.1-226.1; 2000, c. 830, § 63.1-219.47; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1242. Investigation and report at discretion of circuit court.
For adoptions under this article, an investigation and report shall be undertaken only if the circuit court in its discretion determines that there should be an investigation before a final order of adoption is entered. If the circuit court makes such a determination, it shall refer the matter to the local director for an investigation and report to be completed within such time as the circuit court designates. If an investigation is ordered, the circuit court shall forward a copy of the petition and all exhibits thereto to the local director and the provisions of § 63.2-1208 shall apply.

Code 1950, § 63-356.1; 1950, p. 626; 1956, c. 300; 1968, c. 578, § 63.1-231; 1974, c. 421; 1975, c. 364; 1977, c. 526; 1979, c. 339; 1986, cc. 481, 482; 1987, c. 482; 1992, c. 607; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.49; 2002, c. 747; 2018, c. 9.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1242.1. Relative adoption.
A. For the purposes of this chapter, a "close relative placement" shall be an adoption by the child's grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, adult great uncle or great aunt, stepparent, adult stepbrother or stepsisters, or other adult relatives of the child by marriage or adoption.

B. In a close relative placement the court may accept the written and signed consent of the birth parent(s) that is signed under oath and acknowledged by an officer authorized by law to take such acknowledgments.

2006, cc. 825, 848; 2019, c. 377.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1242.2. Close relative adoption; child in home less than two years.
A. When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent(s) who is a close relative for less than two years, the adoption proceeding, including court approval of the home study, shall commence in the juvenile and domestic relations district court pursuant to the parental placement adoption provisions of this chapter with the following exceptions:

1. The birth parent(s)' consent does not have to be executed in juvenile and domestic relations district court in the presence of the prospective adoptive parents.

2. The simultaneous meeting specified in § 63.2-1231 is not required.

3. No hearing is required for this proceeding.

B. Upon the juvenile and domestic relations district court issuing an order accepting consents or otherwise dealing with birth parents rights and appointing the close relative(s) custodians of the child, the close relative(s) may file a petition in the circuit court as provided in Article 1 (§ 63.2-1200 et seq.) of this chapter.

C. For adoptions under this section:

1. An order of reference, an investigation and a report shall not be made if the home study report is filed with the circuit court unless the circuit court in its discretion requires an investigation and report to be made.

2. The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption when the court is of the opinion that the entry of an order would otherwise be proper.

3. If the circuit court determines that there is a need for an additional investigation, it shall refer the matter to the licensed child-placing agency that drafted the home study report for an investigation and report, which shall be completed within such times as the circuit court designates.

4. The circuit court may waive appointment of a guardian ad litem for the child.

2006, cc. 825, 848; 2010, c. 306; 2018, c. 4.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1242.3. Close relative placement; child in home for two years or more.
When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent(s) who is a close relative for two or more years, the parental placement provisions of this chapter shall not apply and the adoption proceeding shall commence in the circuit court.

For adoptions under this section:

1. An order of reference, an investigation and a report shall not be made unless the circuit court in its discretion shall require an investigation and report to be made.

2. The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption when the court is of the opinion that the entry of an order would otherwise be proper.

3. If the circuit court determines the need for an investigation, it shall refer the matter to the local director of the department of social services for an investigation and report, which shall be completed in such time as the circuit court designates.

4. The circuit court may waive appointment of a guardian ad litem for the child.

2006, cc. 825, 848; 2010, c. 306; 2018, c. 4.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1243. Adoption of certain persons eighteen years of age or over.
A petition may be filed in circuit court by any natural person who is a resident of this Commonwealth (i) for the adoption of a stepchild eighteen years of age or over to whom he has stood in loco parentis for a period of at least three months; (ii) for the adoption of a close relative, as defined in § 63.2-1242.1, eighteen years of age or older; (iii) for the adoption of any person eighteen years of age or older who is the birth child of the petitioner or who had resided in the home of the petitioner for a period of at least three months prior to becoming eighteen years of age; or (iv) for the adoption of any person eighteen years of age or older, for good cause shown, provided that the person to be adopted is at least fifteen years younger than the petitioner and the petitioner and the person to be adopted have known each other for at least one year prior to the filing of the petition for adoption. Proceedings in any such case shall conform as near as may be to proceedings for the adoption of a minor child under this chapter except that:

(a) No consent of either parent shall be required; and

(b) The consent of the person to be adopted shall be required in all cases.

Any interlocutory or final order issued in any case under this section shall have the same effect as other orders issued under this chapter; and in any such case the word "child" in any other section of this chapter shall be construed to refer to the person whose adoption is petitioned for under this section. The entry of a final order of adoption pursuant to this section which incorporates a change of name shall be deemed to meet the requirements of § 8.01-217.

The provisions of this section shall apply to any person who would have been eligible for adoption hereunder prior to July 1, 1972.

Code 1950, § 63-348.1; 1950, p. 441; 1954, c. 489; 1964, c. 139; 1968, c. 578, § 63.1-222; 1972, c. 823; 1974, c. 337; 1979, c. 339; 1985, cc. 298, 300; 1988, c. 53; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.50; 2001, c. 236; 2002, c. 747; 2006, cc. 825, 848.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1244. Investigation and report at discretion of circuit court; exception.
For adoptions under this article, an investigation and report shall not be made unless the circuit court in its discretion so requires. If an investigation is required, the circuit court shall forward a copy of the petition and all exhibits to the local director and the provisions of § 63.2-1208 shall apply.

Code 1950, § 63-348.1; 1950, p. 441; 1954, c. 489; 1964, c. 139; 1968, c. 578, § 63.1-222; 1972, c. 823; 1974, c. 337; 1979, c. 339; 1985, cc. 298, 300; 1988, c. 53; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.51; 2002, c. 747; 2021, Sp. Sess. I, c. 202.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1245. Separate order book, file and index of adoption cases; to whom available; permanent retention.
Each circuit court clerk shall establish and maintain a separate and exclusive order book, file and index of adoption cases, none of which shall be exposed to public view but which shall be made available by such clerk to attorneys of record, social service officials, court officials, and to such other persons as the circuit court shall direct in specific cases by order of the circuit court entered in accordance with § 63.2-1246.

Such records shall be retained permanently in original form or on microfilm or converted to an electronic format in accordance with § 17.1-213. Such microfilm and microphotographic process and equipment shall meet state archival standards pursuant to § 42.1-82; such electronic format shall follow state electronic records guidelines; and such records shall be available for examination to those persons listed in this section. The clerk shall further provide security negative copies of any such microfilmed materials for storage in The Library of Virginia.

Code 1950, § 63-359.1; 1952, c. 420; 1968, cc. 35, 578, § 63.1-235; 1981, cc. 435, 637; 1994, c. 64; 2000, c. 830, § 63.1-219.52; 2002, c. 747; 2013, c. 263.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1246.1. Commissioner authority to store, preserve, and certify adoption files.
Upon receipt of all orders from the clerk of the circuit court and adoption files from the child-placing agency or local board, the Commissioner shall have the authority to direct the storage and preservation of such records. The Commissioner shall have custody of and retain all adoption files, whether in paper or electronic form, including reports, orders, and other documents with identifying information of birth parents and adoptees, in his office or at another location designated by the Commissioner.

The Commissioner or his designee may direct adoption files, in whole or in part, to be microfilmed, digitally reproduced, copied, photographed, or otherwise duplicated for the purpose of preserving and retaining such files. The Commissioner may allow adoption files to be taken from his office or other designated location for the purpose of being microfilmed, digitally reproduced, copied, photographed, or otherwise duplicated, but shall take all necessary and proper precautions, by requiring bonds or otherwise, to ensure the preservation and return and to prevent the mutilation thereof. The Commissioner or his designee shall examine and compare the reproductions from the microfilm, digitally reproduced, copied, photographed, or otherwise duplicated records with the originals and, if satisfied that the copies are exact, certify them as true copies of the records retained by the Commissioner. The same faith and credit shall be given to such reproductions from the microfilm, digitally reproduced, copied, photographed, or otherwise duplicated record as the record reproduced would have been entitled to.

2018, c. 10.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1248. Fees for home studies, investigations, visitations and reports.
Notwithstanding the provisions of § 17.1-275, the circuit court with jurisdiction over any adoption matter, or the person, agency, or child-placing agency that attempts to locate the birth family pursuant to § 63.2-1246 or subsection B of § 63.2-1247, or that attempts to locate the adult adoptee pursuant to subsection A of § 63.2-1247, shall assess a fee against the petitioner, or applicant and, in the case of local departments, shall assess such fee in accordance with regulations and fee schedules established by the Board, for home studies, investigations, visits and reports provided by the appropriate local department, person, or agency pursuant to §§ 20-160, 63.2-1208, 63.2-1212, 63.2-1231, 63.2-1238 or § 63.2-1246. The Board shall adopt regulations and fee schedules, which shall include (i) standards for determining the petitioner's or applicant's ability to pay and (ii) a scale of fees based on the petitioner's or applicant's income and family size and the actual cost of the services provided. The fee charged shall not exceed the actual cost of the service. The fee shall be paid to the appropriate local department, person, or agency and a receipt therefor shall be provided to the circuit court, or to the Commissioner if pursuant to § 63.2-1246 or § 63.2-1247, prior to the acceptance of parental consent, entry of any final order, or release of identifying information by the Commissioner, and no court shall accept parental consent or enter any final order and the Commissioner shall not release any identifying information until proof of payment of such fees has been received.

1987, c. 5, § 63.1-236.1; 1989, c. 214; 1990, cc. 101, 297; 1991, c. 600; 1992, c. 607; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.55; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1249. Establishment of Registry.
A. A Virginia Birth Father Registry is hereby established in the Department of Social Services.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Birth Father Registry Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys collected under § 63.2-1201 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund by shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of administration of the Virginia Birth Father Registry. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner or his designee.

2006, c. 825; 2017, c. 200.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1251. Furnishing information; confidentiality; penalty.
A. The Department is not required to locate the mother of a child who is the subject of a registration, but the Department shall send a copy of the notice of registration to the mother if an address is provided.

B. Information contained in the registry is confidential and may only be released on request to:

1. A court or a person designated by the court;

2. The mother of the child who is the subject of the registration;

3. An agency authorized by law to receive such information;

4. A licensed child-placing agency;

5. A support enforcement agency;

6. The child's guardian ad litem;

7. A party or the party's attorney of record in an adoption proceeding, custody proceeding, paternity proceeding, or in a proceeding of termination of parental rights, regarding a child who is the subject of the registration;

8. A putative father registry in another state; and

9. A local department of social services for the purpose of establishing paternity of a child accepted for placement by a local board pursuant to § 63.2-900.

C. Information contained in the registry shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

D. An individual who intentionally releases information from the registry to an individual or agency not authorized to receive the information in this section is guilty of a Class 4 misdemeanor.

2006, c. 825; 2012, c. 424; 2015, c. 531.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1252. Search of registry.
A. If no father-child relationship has been established pursuant to § 20-49.1, a petitioner for adoption shall obtain from the Department a certificate that a search of the Virginia Birth Father Registry was performed. If the conception or birth of the child occurred in another state, a petitioner for adoption shall obtain a certificate from that state indicating that a search of the putative father registry was performed, if that state has a putative father registry.

B. The Department shall furnish to the requester a certificate of search of the registry upon the request of an individual, court, or agency listed in § 63.2-1251. Any such certificate shall be signed on behalf of the Department and state that a search has been made of the registry and a registration containing the information required to identify the registrant has been found and is attached to the certificate of search or has not been found. Within four business days from the receipt of the request, the Department shall mail the certificate to the requestor by United States mail. Upon request of the requestor and payment of any additional costs, the Department shall have the certificate delivered to the requestor by overnight mail, in person, by messenger, by facsimile or other electronic communication. The Department's certificate or an appropriate certificate from another state shall be sufficient proof the registry was searched.

C. A petitioner shall file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.

D. A certificate of search of the Virginia Birth Father Registry is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.

2006, c. 825; 2015, c. 531; 2017, c. 200.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 12 (Adoption)
§ 63.2-1253. Duty to publicize registry.
A. The Department shall produce and distribute a pamphlet or other publication informing the public about the Virginia Birth Father Registry including (i) the procedures for voluntary acknowledgement of paternity, (ii) the consequences of acknowledgement and failure to acknowledge paternity pursuant to § 20-49.1, (iii) a description of the Virginia Birth Father Registry including to whom and under what circumstances it applies, (iv) the time limits and responsibilities for filing, (v) paternal rights and associated responsibilities, and (vi) other appropriate provisions of this article.

B. Such pamphlet or publication shall include a detachable form that meets the requirements of subsection H of § 63.2-1250, is suitable for United States mail, and is addressed to the Virginia Birth Father Registry. Such pamphlet or publication shall be made available for distribution at all offices of the Department of Health and all local departments of social services. The Department shall also provide such pamphlets or publications to hospitals, libraries, medical clinics, schools, baccalaureate institutions of higher education, and other providers of child-related services upon request.

C. The Department shall provide information to the public at large by way of general public service announcements, or other ways to deliver information to the public about the Virginia Birth Father Registry and its services.

2006, c. 825; 2017, c. 200.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 13 (ADOPTION ASSISTANCE FOR CHILDREN WITH SPECIAL NEEDS)
§ 63.2-1300. Purpose and intent of adoption assistance; eligibility.
A. The purpose of adoption assistance is to facilitate adoptive placements and ensure permanency for children with special needs.

B. In accordance with § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673), a child with special needs is a child who is unlikely to be adopted within a reasonable period of time due to one or more of the following factors:

1. Physical, mental or emotional condition existing prior to adoption;

2. Hereditary tendency, congenital problem or birth injury leading to substantial risk of future disability; or

3. Individual circumstances of the child related to age, racial or ethnic background or close relationship with one or more siblings.

C. A child with special needs will be eligible for adoption assistance if (i) the child is a citizen or legal resident of the United States; (ii) the child cannot or should not be returned to the home of his parents; and (iii) reasonable efforts to place the child in an appropriate adoptive home without the provision of adoption assistance have been unsuccessful. An exception may be made to the requirement that efforts be made to place the child in an adoptive home without the provision of adoption assistance when it is in the best interest of the child due to factors such as the development of significant emotional ties with his foster parents while in their care and the foster parents wish to adopt the child.

1974, c. 507, § 63.1-238.1; 1978, c. 536; 1981, c. 359; 1987, cc. 650, 681; 2000, cc. 290, 830, § 63.1-238.03; 2002, c. 747; 2010, c. 271; 2017, c. 199.