If, in the case of a direct parental placement adoption pursuant to § 63.2-1230 or in circumstances in which an interlocutory order is necessary in an agency adoption, after considering the home study or any required report, the circuit court is satisfied that all of the applicable requirements have been complied with, that the petitioner is financially able to maintain adequately, except as provided in Chapter 13 (§ 63.2-1300 et seq.) of this title, and is morally suitable and a proper person to care for and train the child, that the child is suitable for adoption by the petitioner, and that the best interests of the child will be promoted by the adoption, it shall enter an interlocutory order of adoption declaring that henceforth, subject to the probationary period hereinafter provided for and to the provisions of the final order of adoption, the child will be, to all intents and purposes, the child of the petitioner. If the petition includes a prayer for a change of the child's name and the circuit court is satisfied that such change is in the best interests of the child, upon entry of final order, the name of the child shall be changed. An attested copy of every interlocutory order of adoption shall be forwarded forthwith by the clerk of the circuit court in which it was entered to the Commissioner and to the licensed or duly authorized child-placing agency or the local director that prepared the required home study or report. The agency or director shall, after receipt of the attested copy of the interlocutory order of adoption, prepare a report of visitation pursuant to § 63.2-1212.
If the circuit court denies the petition for adoption and if it appears to the circuit court that the child is without proper care, custody or guardianship, the circuit court may, in its discretion, appoint a guardian for the child or commit the child to a custodial agency as provided for in §§ 16.1-278.2, 16.1-278.3 and 64.2-1703, respectively.
Code 1950, § 63-352; 1954, c. 489; 1964, c. 429; 1968, c. 578, § 63.1-226; 1974, c. 507; 1975, c. 364; 1989, c. 647; 1991, c. 534; 1992, c. 607; 2000, c. 830, § 63.1-219.16; 2002, c. 747; 2009, c. 805.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
§ 63.2-1200. Who may place children for adoption
§ 63.2-1200.1. Recognition of foreign adoption; issuance of birth certificates
§ 63.2-1201. Filing of petition for adoption; venue; jurisdiction; and proceedings
§ 63.2-1202. Parental, or agency, consent required; exceptions
§ 63.2-1203. When consent is withheld or unobtainable
§ 63.2-1204. When consent is revocable; fraud or duress; mutual consent
§ 63.2-1205. Best interests of the child; standards for determining
§ 63.2-1205.1. Certain offenders prohibited from adopting a child
§ 63.2-1206. No parental presumption after revocation period expires
§ 63.2-1207. Removal of child from adoptive home
§ 63.2-1208. Investigations; report to circuit court
§ 63.2-1209. Entry of interlocutory order
§ 63.2-1211. Revocation of interlocutory order
§ 63.2-1212. Visitations during probationary period and report
§ 63.2-1213. Final order of adoption
§ 63.2-1215. Legal effects of adoption
§ 63.2-1216. Final order not subject to attack after six months
§ 63.2-1217. Provision of false information; penalty
§ 63.2-1218. Certain exchange of property, advertisement, solicitation prohibited; penalty
§ 63.2-1219. Suspected violation of property exchange information
§ 63.2-1220. Issuance of birth certificates for children adopted in the Commonwealth
§ 63.2-1220.01. Foreign adoptions; establishment of date of birth
§ 63.2-1220.1. Establishment of minimum training requirements
§ 63.2-1220.2. Authority to enter into post-adoption contact and communication agreements
§ 63.2-1220.3. Approval of post-adoption contact and communication agreements
§ 63.2-1220.4. Jurisdiction to approve post-adoption contact and communication agreements
§ 63.2-1221. Placement of children for adoption by agency or local board
§ 63.2-1223. Revocation of entrustment agreement
§ 63.2-1224. Explanation of process, legal effects of adoption required
§ 63.2-1225. Determination of appropriate home
§ 63.2-1226. When birth parents recommend adoptive parents
§ 63.2-1227. Filing of petition for agency adoption
§ 63.2-1228. Forwarding of petition
§ 63.2-1229. Foster parent adoption
§ 63.2-1230. Placement of children by parent or guardian
§ 63.2-1231. Home study; meeting required; exception
§ 63.2-1232. Requirements of a parental placement adoption; exception
§ 63.2-1233. Consent to be executed in juvenile and domestic relations district court; exceptions
§ 63.2-1234. When consent is revocable
§ 63.2-1235. Adoptive home not in child's best interests
§ 63.2-1236. Duty of Department to disseminate information
§ 63.2-1237. Petition for parental placement adoption; jurisdiction; contents
§ 63.2-1238. Forwarding of petition; when investigation and report not required
§ 63.2-1239. Return of copies furnished to counsel
§ 63.2-1242. Investigation and report at discretion of circuit court
§ 63.2-1242.1. Relative adoption
§ 63.2-1242.2. Close relative adoption; child in home less than two years
§ 63.2-1242.3. Close relative placement; child in home for two years or more
§ 63.2-1243. Adoption of certain persons eighteen years of age or over
§ 63.2-1244. Investigation and report at discretion of circuit court; exception
§ 63.2-1246. Disposition of reports; disclosure of information as to identity of birth family
§ 63.2-1246.1. Commissioner authority to store, preserve, and certify adoption files
§ 63.2-1248. Fees for home studies, investigations, visitations and reports
§ 63.2-1249. Establishment of Registry
§ 63.2-1250. Registration; notice; form
§ 63.2-1251. Furnishing information; confidentiality; penalty