A. Unless otherwise stated in the final order of adoption, the circuit court of the jurisdiction in which the final order of adoption was entered shall retain jurisdiction to modify or enforce the terms of a post-adoption contact and communication agreement entered into pursuant to this article.
B. A birth parent or parents or adoptive parent or parents who have executed a post-adoption contact and communication agreement as described in this article may file a petition with the circuit court of the jurisdiction in which the final order of adoption was entered:
1. To modify the post-adoption contact and communication agreement; and
2. To compel a birth or adoptive parent to comply with the post-adoption contact and communication agreement. The court may not award monetary damages as a result of the filing of a petition for modification of or compliance with the agreement. The court may modify the agreement at any time before or after the adoption if the court, after notice and opportunity to be heard by the birth parent or parents and the adoptive parent or parents, determines that the child's best interest requires the modification of the agreement. Before the court modifies an agreement or hears a motion to compel compliance, the court may appoint a guardian ad litem to represent the child's best interest.
C. The circuit court shall not grant a request to modify the terms of a post-adoption contact and communication agreement unless the moving party establishes that there has been a change of circumstances and the agreement is no longer in the child's best interest; provided, however, that no modification shall affect the irrevocability of the adoption.
2010, c. 331.
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