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.
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