State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1201

§ 63.2-1201. Filing of petition for adoption; venue; jurisdiction; andproceedings.

Proceedings for the adoption of a minor child and for a change of name ofsuch child shall be instituted only by petition to a circuit court in thecounty or city in which the petitioner resides, in the county or city inwhich the child-placing agency that placed the child is located, or in thecounty or city in which a birth parent executed a consent pursuant to §63.2-1233. Such petition may be filed by any natural person who resides inthe Commonwealth, or who has custody of a child placed by a child-placingagency of the Commonwealth, or by an adopting parent of a child who wassubject to a consent proceeding held pursuant to § 63.2-1233, or by intendedparents who are parties to a surrogacy contract. The petition shall ask leaveto adopt a minor child not legally the petitioner's by birth and, if it is sodesired by the petitioner, also to change the name of such child. In the caseof married persons, or persons who were previously married who are permittedto adopt a child under § 63.2-1201.1, the petition shall be the jointpetition of the husband and wife or former spouses but, in the event thechild to be adopted is legally the child by birth or adoption of one of thepetitioners, such petitioner shall unite in the petition for the purpose ofindicating consent to the prayer thereof only. If any procedural provision ofthis chapter applies to only one of the adoptive parents, then the court maywaive the application of the procedural provision for the spouse of theadoptive parent to whom the provision applies. The petition shall contain afull disclosure of the circumstances under which the child came to live, andis living, in the home of the petitioner. Each petition for adoption shall besigned by the petitioner as well as by counsel of record, if any. In any casein which the petition seeks the entry of an adoption order without referralfor investigation, the petition shall be under oath.

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

The petition for adoption, except those filed pursuant to subdivisions 5 and6 of § 63.2-1210, shall include an additional $50 filing fee that shall beused to fund the Putative Father Registry established in Article 7 (§63.2-1249 et seq.) of this chapter.

A petition filed while the child is under 18 years of age shall not becomeinvalid because the child reaches 18 years of age prior to the entry of afinal order of adoption. Any final order of adoption entered pursuant to §63.2-1213 after a child reaches 18 years of age, where the petition was filedprior to the child turning 18 years of age, shall have the same effect as ifthe child was under 18 years of age at the time the order was entered by thecircuit court provided the court has obtained the consent of the adoptee.

(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, § 63.1-219.9; 2002, c. 747; 2006, cc. 825, 848; 2007,cc. 606, 623; 2008, cc. 116, 868; 2009, c. 805.)

State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1201

§ 63.2-1201. Filing of petition for adoption; venue; jurisdiction; andproceedings.

Proceedings for the adoption of a minor child and for a change of name ofsuch child shall be instituted only by petition to a circuit court in thecounty or city in which the petitioner resides, in the county or city inwhich the child-placing agency that placed the child is located, or in thecounty or city in which a birth parent executed a consent pursuant to §63.2-1233. Such petition may be filed by any natural person who resides inthe Commonwealth, or who has custody of a child placed by a child-placingagency of the Commonwealth, or by an adopting parent of a child who wassubject to a consent proceeding held pursuant to § 63.2-1233, or by intendedparents who are parties to a surrogacy contract. The petition shall ask leaveto adopt a minor child not legally the petitioner's by birth and, if it is sodesired by the petitioner, also to change the name of such child. In the caseof married persons, or persons who were previously married who are permittedto adopt a child under § 63.2-1201.1, the petition shall be the jointpetition of the husband and wife or former spouses but, in the event thechild to be adopted is legally the child by birth or adoption of one of thepetitioners, such petitioner shall unite in the petition for the purpose ofindicating consent to the prayer thereof only. If any procedural provision ofthis chapter applies to only one of the adoptive parents, then the court maywaive the application of the procedural provision for the spouse of theadoptive parent to whom the provision applies. The petition shall contain afull disclosure of the circumstances under which the child came to live, andis living, in the home of the petitioner. Each petition for adoption shall besigned by the petitioner as well as by counsel of record, if any. In any casein which the petition seeks the entry of an adoption order without referralfor investigation, the petition shall be under oath.

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

The petition for adoption, except those filed pursuant to subdivisions 5 and6 of § 63.2-1210, shall include an additional $50 filing fee that shall beused to fund the Putative Father Registry established in Article 7 (§63.2-1249 et seq.) of this chapter.

A petition filed while the child is under 18 years of age shall not becomeinvalid because the child reaches 18 years of age prior to the entry of afinal order of adoption. Any final order of adoption entered pursuant to §63.2-1213 after a child reaches 18 years of age, where the petition was filedprior to the child turning 18 years of age, shall have the same effect as ifthe child was under 18 years of age at the time the order was entered by thecircuit court provided the court has obtained the consent of the adoptee.

(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, § 63.1-219.9; 2002, c. 747; 2006, cc. 825, 848; 2007,cc. 606, 623; 2008, cc. 116, 868; 2009, c. 805.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1201

§ 63.2-1201. Filing of petition for adoption; venue; jurisdiction; andproceedings.

Proceedings for the adoption of a minor child and for a change of name ofsuch child shall be instituted only by petition to a circuit court in thecounty or city in which the petitioner resides, in the county or city inwhich the child-placing agency that placed the child is located, or in thecounty or city in which a birth parent executed a consent pursuant to §63.2-1233. Such petition may be filed by any natural person who resides inthe Commonwealth, or who has custody of a child placed by a child-placingagency of the Commonwealth, or by an adopting parent of a child who wassubject to a consent proceeding held pursuant to § 63.2-1233, or by intendedparents who are parties to a surrogacy contract. The petition shall ask leaveto adopt a minor child not legally the petitioner's by birth and, if it is sodesired by the petitioner, also to change the name of such child. In the caseof married persons, or persons who were previously married who are permittedto adopt a child under § 63.2-1201.1, the petition shall be the jointpetition of the husband and wife or former spouses but, in the event thechild to be adopted is legally the child by birth or adoption of one of thepetitioners, such petitioner shall unite in the petition for the purpose ofindicating consent to the prayer thereof only. If any procedural provision ofthis chapter applies to only one of the adoptive parents, then the court maywaive the application of the procedural provision for the spouse of theadoptive parent to whom the provision applies. The petition shall contain afull disclosure of the circumstances under which the child came to live, andis living, in the home of the petitioner. Each petition for adoption shall besigned by the petitioner as well as by counsel of record, if any. In any casein which the petition seeks the entry of an adoption order without referralfor investigation, the petition shall be under oath.

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

The petition for adoption, except those filed pursuant to subdivisions 5 and6 of § 63.2-1210, shall include an additional $50 filing fee that shall beused to fund the Putative Father Registry established in Article 7 (§63.2-1249 et seq.) of this chapter.

A petition filed while the child is under 18 years of age shall not becomeinvalid because the child reaches 18 years of age prior to the entry of afinal order of adoption. Any final order of adoption entered pursuant to §63.2-1213 after a child reaches 18 years of age, where the petition was filedprior to the child turning 18 years of age, shall have the same effect as ifthe child was under 18 years of age at the time the order was entered by thecircuit court provided the court has obtained the consent of the adoptee.

(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, § 63.1-219.9; 2002, c. 747; 2006, cc. 825, 848; 2007,cc. 606, 623; 2008, cc. 116, 868; 2009, c. 805.)