§ 63.2-1220.3. Approval of post-adoption contact and communication agreements.
A. The circuit court may approve a post-adoption contact and communicationagreement authorized pursuant to § 16.1-283.1 or entered into pursuant tothis article and filed with the court for a petition for adoption if:
1. The court determines that the child's best interest would be served byapproving the post-adoption contact and communication agreement;
2. The adoptive parent or parents and birth parent or parents have consentedto a post-adoption contact and communication agreement filed with the court;
3. The agency authorized to place the child for adoption and to consent to anadoption or authorized to recommend the placement of a child for adoption andthe child's guardian ad litem have recommended that the post-adoption contactand communication agreement be approved as being in the best interest of thechild, or, if there is no agency sponsoring the adoption, the agency thatprepared the adoption report has been informed of the post-adoption contactand communication agreement and has recommended in the agency's report to thecircuit court that the post-adoption contact and communication agreement beapproved; however, in cases in which no child placing agency or guardian adlitem for the child is involved, this requirement may be waived; and
4. Where the child is 14 years of age or older, consent to the post-adoptioncontact and communication agreement is obtained from the child.
B. To be enforceable, any agreement under this section shall be approved bythe circuit court and incorporated into the final order of adoption.
C. The circuit court shall not require execution of a post-adoption contactand communication agreement as a condition for approving any adoption.
§ 63.2-1220.3. Approval of post-adoption contact and communication agreements.
A. The circuit court may approve a post-adoption contact and communicationagreement authorized pursuant to § 16.1-283.1 or entered into pursuant tothis article and filed with the court for a petition for adoption if:
1. The court determines that the child's best interest would be served byapproving the post-adoption contact and communication agreement;
2. The adoptive parent or parents and birth parent or parents have consentedto a post-adoption contact and communication agreement filed with the court;
3. The agency authorized to place the child for adoption and to consent to anadoption or authorized to recommend the placement of a child for adoption andthe child's guardian ad litem have recommended that the post-adoption contactand communication agreement be approved as being in the best interest of thechild, or, if there is no agency sponsoring the adoption, the agency thatprepared the adoption report has been informed of the post-adoption contactand communication agreement and has recommended in the agency's report to thecircuit court that the post-adoption contact and communication agreement beapproved; however, in cases in which no child placing agency or guardian adlitem for the child is involved, this requirement may be waived; and
4. Where the child is 14 years of age or older, consent to the post-adoptioncontact and communication agreement is obtained from the child.
B. To be enforceable, any agreement under this section shall be approved bythe circuit court and incorporated into the final order of adoption.
C. The circuit court shall not require execution of a post-adoption contactand communication agreement as a condition for approving any adoption.
§ 63.2-1220.3. Approval of post-adoption contact and communication agreements.
A. The circuit court may approve a post-adoption contact and communicationagreement authorized pursuant to § 16.1-283.1 or entered into pursuant tothis article and filed with the court for a petition for adoption if:
1. The court determines that the child's best interest would be served byapproving the post-adoption contact and communication agreement;
2. The adoptive parent or parents and birth parent or parents have consentedto a post-adoption contact and communication agreement filed with the court;
3. The agency authorized to place the child for adoption and to consent to anadoption or authorized to recommend the placement of a child for adoption andthe child's guardian ad litem have recommended that the post-adoption contactand communication agreement be approved as being in the best interest of thechild, or, if there is no agency sponsoring the adoption, the agency thatprepared the adoption report has been informed of the post-adoption contactand communication agreement and has recommended in the agency's report to thecircuit court that the post-adoption contact and communication agreement beapproved; however, in cases in which no child placing agency or guardian adlitem for the child is involved, this requirement may be waived; and
4. Where the child is 14 years of age or older, consent to the post-adoptioncontact and communication agreement is obtained from the child.
B. To be enforceable, any agreement under this section shall be approved bythe circuit court and incorporated into the final order of adoption.
C. The circuit court shall not require execution of a post-adoption contactand communication agreement as a condition for approving any adoption.
