§ 63.2-1247. Disclosure to birth family; adoptive parents;medical, etc., information; exchange of information; open records in parentalplacement adoptions.
A. Where the adoption is finalized on or after July 1, 1994,and the adopted person is twenty-one years of age or over, the adopted person'sbirth parents and adult birth siblings may apply to the Commissioner for thedisclosure of identifying information from the adoption file. The Commissionershall designate the person or agency that made the investigation to attempt tolocate and advise the adopted person of the application. The designated personor agency shall report the results of the attempt to locate and advise theadopted person to the Commissioner, including the relative effects that disclosureof the identifying information may have on the adopted person, the adoptiveparents, and the birth family. The adopted person and the birth family maysubmit to the Commissioner, and the Commissioner shall consider, writtencomments stating the anticipated effect that the disclosure of identifyinginformation may have upon any party. Upon a showing of good cause, theCommissioner shall disclose the identifying information. If the Commissionerfails to designate a person or agency to attempt to locate the adopted personwithin thirty days of receipt of the application, or if the Commissioner deniesdisclosure of the identifying information after receiving the designatedperson's or agency's report, the birth parents or adult birth siblings, whoeverapplied, may apply to the circuit court for an order to disclose suchinformation. Such order shall be entered only upon good cause shown afternotice to and opportunity for hearing by the applicant for such order and theperson or agency that made the investigation. "Good cause" when usedin this section shall mean a showing of a compelling and necessitous need forthe identifying information.
A birth parent or adult birth sibling who is a resident ofVirginia may apply for the court order provided for herein to (i) the circuitcourt of the county or city where the birth parent or adult birth siblingresides or (ii) the circuit court of the county or city where the centraloffice of the Department is located. A birth parent or adult birth sibling whois not a resident of Virginia shall apply for such a court order to the circuitcourt of the county or city where the central office of the Department islocated.
If the identity and whereabouts of the adopted person andadoptive parents are known to the person or agency, the circuit court mayrequire the person or agency to advise the adopted person and adoptive parentsof the pendency of the application for such order. In determining good causefor the disclosure of such information, the circuit court shall consider therelative effects of such action upon the adopted person, the adoptive parentsand the birth family. The adopted person and the birth family may submit to thecircuit court, and the circuit court shall consider, written comments statingthe anticipated effect that the disclosure of identifying information may haveupon any party.
When consent of the adopted person is not obtainable, due tothe death or mental incapacity of the adopted person, the circuit court mayrelease identifying information to the birth parents or adult birth siblings.In making this decision, the circuit court shall consider the needs andconcerns of the birth parents or adult birth siblings and the adoptive familyif such information is available, the actions the agency took to locate theadopted person, the information in the agency's report and the recommendationof the agency.
B. Where the adoption is finalized on or after July 1, 1994,and the adopted person is under eighteen years of age, the adoptive parents orother legal custodian of the child may apply to the Commissioner for thedisclosure of identifying information about the birth family. The Commissionershall designate the person or agency that made the investigation to attempt tolocate and advise the birth family of the application. The designated person oragency shall report the results of the attempt to locate and advise the birthfamily to the Commissioner, including the relative effects that disclosure ofthe identifying information may have on the adopted person, the adoptiveparents or other legal custodian, and the birth family. The adoptive parents,legal custodian and birth family may submit to the Commissioner, and theCommissioner shall consider, written comments stating the anticipated effectthat the disclosure of identifying information may have upon any party. Upon ashowing of good cause, the Commissioner shall disclose the identifyinginformation. If the Commissioner fails to designate a person or agency toattempt to locate the birth family within thirty days of receipt of theapplication, or if the Commissioner denies disclosure of the identifyinginformation after receiving the designated person's or agency's report, theadoptive parents or legal custodian, whoever applied, may apply to the circuitcourt for an order to disclose such information. Such order shall be enteredonly upon good cause shown after notice to and opportunity for hearing by theapplicant for such order and the person or agency that made the investigation."Good cause" when used in this section shall mean a showing of acompelling and necessitous need for the identifying information.
An adoptive parent or legal custodian who is a resident ofVirginia may apply for the court order provided for herein to (i) the circuitcourt of the county or city where the adoptive parent or legal custodianresides or (ii) the circuit court of the county or city where the centraloffice of the Department is located. An adoptive parent or legal custodian whois not a resident of Virginia shall apply for such a court order to the circuitcourt of the county or city where the central office of the Department islocated.
If the identity and whereabouts of the birth parents are knownto the person or agency, the circuit court may require the person or agency toadvise the birth parents of the pendency of the application for such order. Indetermining good cause for the disclosure of such information, the circuitcourt shall consider the relative effects of such action upon the adoptedperson, the adoptive parents or legal custodian and the birth parents. Thebirth family may submit to the circuit court, and the circuit court shallconsider, written comments stating the anticipated effect that the disclosureof identifying information may have upon any party.
When consent of the birth family is not obtainable, due to thedeath of the birth parents or mental incapacity of the birth parents, thecircuit court may release identifying information to the adoptive parents orlegal custodian. In making this decision, the circuit court shall consider theneeds and concerns of the adoptive parents or legal custodian and the birthfamily if such information is available, the actions the agency took to locatethe birth family, the information in the agency's report and the recommendationof the agency.
C. In any case where a physician or licensed mental healthprovider submits a written statement, in response to a request from the adultadoptee, adoptive parent, birth parent or adult birth siblings, indicating thatit is critical that medical, psychological or genetic information be conveyed,and states clearly the reasons why this is necessary, the agency that made theinvestigation shall make an attempt to inform the adult adoptee, adoptiveparents, birth parents or adult birth siblings, whichever is applicable, of theinformation. The Commissioner shall provide information from the adoptionrecord to the searching agency if necessary to facilitate the search.Confidentiality of all parties shall be maintained by the agency.
D. In cases where at least one of the adoptive parents and oneof the birth parents agree in writing to allow the agency involved in theadoption to exchange nonidentifying information and pictures, the agency mayexchange this information with such adoptive parents and birth parents when thewhereabouts of the adoptive parents and birth parents is known or readilyaccessible. Such agreement may be entered into or withdrawn by either party atany time or may be withdrawn by the adult adoptee.
E. In parental placement adoptions, where the consent to theadoption was executed on or after July 1, 1994, the entire adoption recordshall be open to the adoptive parents, the adoptee who is eighteen years of ageor older, and a birth parent who executed a written consent to the adoption.
(1994, cc. 856, 942, § 63.1-236.01; 1995, cc. 772, 826; 2000,c. 830, § 63.1-219.54; 2002, c. 747.)
§ 63.2-1247. Disclosure to birth family; adoptive parents;medical, etc., information; exchange of information; open records in parentalplacement adoptions.
A. Where the adoption is finalized on or after July 1, 1994,and the adopted person is twenty-one years of age or over, the adopted person'sbirth parents and adult birth siblings may apply to the Commissioner for thedisclosure of identifying information from the adoption file. The Commissionershall designate the person or agency that made the investigation to attempt tolocate and advise the adopted person of the application. The designated personor agency shall report the results of the attempt to locate and advise theadopted person to the Commissioner, including the relative effects that disclosureof the identifying information may have on the adopted person, the adoptiveparents, and the birth family. The adopted person and the birth family maysubmit to the Commissioner, and the Commissioner shall consider, writtencomments stating the anticipated effect that the disclosure of identifyinginformation may have upon any party. Upon a showing of good cause, theCommissioner shall disclose the identifying information. If the Commissionerfails to designate a person or agency to attempt to locate the adopted personwithin thirty days of receipt of the application, or if the Commissioner deniesdisclosure of the identifying information after receiving the designatedperson's or agency's report, the birth parents or adult birth siblings, whoeverapplied, may apply to the circuit court for an order to disclose suchinformation. Such order shall be entered only upon good cause shown afternotice to and opportunity for hearing by the applicant for such order and theperson or agency that made the investigation. "Good cause" when usedin this section shall mean a showing of a compelling and necessitous need forthe identifying information.
A birth parent or adult birth sibling who is a resident ofVirginia may apply for the court order provided for herein to (i) the circuitcourt of the county or city where the birth parent or adult birth siblingresides or (ii) the circuit court of the county or city where the centraloffice of the Department is located. A birth parent or adult birth sibling whois not a resident of Virginia shall apply for such a court order to the circuitcourt of the county or city where the central office of the Department islocated.
If the identity and whereabouts of the adopted person andadoptive parents are known to the person or agency, the circuit court mayrequire the person or agency to advise the adopted person and adoptive parentsof the pendency of the application for such order. In determining good causefor the disclosure of such information, the circuit court shall consider therelative effects of such action upon the adopted person, the adoptive parentsand the birth family. The adopted person and the birth family may submit to thecircuit court, and the circuit court shall consider, written comments statingthe anticipated effect that the disclosure of identifying information may haveupon any party.
When consent of the adopted person is not obtainable, due tothe death or mental incapacity of the adopted person, the circuit court mayrelease identifying information to the birth parents or adult birth siblings.In making this decision, the circuit court shall consider the needs andconcerns of the birth parents or adult birth siblings and the adoptive familyif such information is available, the actions the agency took to locate theadopted person, the information in the agency's report and the recommendationof the agency.
B. Where the adoption is finalized on or after July 1, 1994,and the adopted person is under eighteen years of age, the adoptive parents orother legal custodian of the child may apply to the Commissioner for thedisclosure of identifying information about the birth family. The Commissionershall designate the person or agency that made the investigation to attempt tolocate and advise the birth family of the application. The designated person oragency shall report the results of the attempt to locate and advise the birthfamily to the Commissioner, including the relative effects that disclosure ofthe identifying information may have on the adopted person, the adoptiveparents or other legal custodian, and the birth family. The adoptive parents,legal custodian and birth family may submit to the Commissioner, and theCommissioner shall consider, written comments stating the anticipated effectthat the disclosure of identifying information may have upon any party. Upon ashowing of good cause, the Commissioner shall disclose the identifyinginformation. If the Commissioner fails to designate a person or agency toattempt to locate the birth family within thirty days of receipt of theapplication, or if the Commissioner denies disclosure of the identifyinginformation after receiving the designated person's or agency's report, theadoptive parents or legal custodian, whoever applied, may apply to the circuitcourt for an order to disclose such information. Such order shall be enteredonly upon good cause shown after notice to and opportunity for hearing by theapplicant for such order and the person or agency that made the investigation."Good cause" when used in this section shall mean a showing of acompelling and necessitous need for the identifying information.
An adoptive parent or legal custodian who is a resident ofVirginia may apply for the court order provided for herein to (i) the circuitcourt of the county or city where the adoptive parent or legal custodianresides or (ii) the circuit court of the county or city where the centraloffice of the Department is located. An adoptive parent or legal custodian whois not a resident of Virginia shall apply for such a court order to the circuitcourt of the county or city where the central office of the Department islocated.
If the identity and whereabouts of the birth parents are knownto the person or agency, the circuit court may require the person or agency toadvise the birth parents of the pendency of the application for such order. Indetermining good cause for the disclosure of such information, the circuitcourt shall consider the relative effects of such action upon the adoptedperson, the adoptive parents or legal custodian and the birth parents. Thebirth family may submit to the circuit court, and the circuit court shallconsider, written comments stating the anticipated effect that the disclosureof identifying information may have upon any party.
When consent of the birth family is not obtainable, due to thedeath of the birth parents or mental incapacity of the birth parents, thecircuit court may release identifying information to the adoptive parents orlegal custodian. In making this decision, the circuit court shall consider theneeds and concerns of the adoptive parents or legal custodian and the birthfamily if such information is available, the actions the agency took to locatethe birth family, the information in the agency's report and the recommendationof the agency.
C. In any case where a physician or licensed mental healthprovider submits a written statement, in response to a request from the adultadoptee, adoptive parent, birth parent or adult birth siblings, indicating thatit is critical that medical, psychological or genetic information be conveyed,and states clearly the reasons why this is necessary, the agency that made theinvestigation shall make an attempt to inform the adult adoptee, adoptiveparents, birth parents or adult birth siblings, whichever is applicable, of theinformation. The Commissioner shall provide information from the adoptionrecord to the searching agency if necessary to facilitate the search.Confidentiality of all parties shall be maintained by the agency.
D. In cases where at least one of the adoptive parents and oneof the birth parents agree in writing to allow the agency involved in theadoption to exchange nonidentifying information and pictures, the agency mayexchange this information with such adoptive parents and birth parents when thewhereabouts of the adoptive parents and birth parents is known or readilyaccessible. Such agreement may be entered into or withdrawn by either party atany time or may be withdrawn by the adult adoptee.
E. In parental placement adoptions, where the consent to theadoption was executed on or after July 1, 1994, the entire adoption recordshall be open to the adoptive parents, the adoptee who is eighteen years of ageor older, and a birth parent who executed a written consent to the adoption.
(1994, cc. 856, 942, § 63.1-236.01; 1995, cc. 772, 826; 2000,c. 830, § 63.1-219.54; 2002, c. 747.)
§ 63.2-1247. Disclosure to birth family; adoptive parents;medical, etc., information; exchange of information; open records in parentalplacement adoptions.
A. Where the adoption is finalized on or after July 1, 1994,and the adopted person is twenty-one years of age or over, the adopted person'sbirth parents and adult birth siblings may apply to the Commissioner for thedisclosure of identifying information from the adoption file. The Commissionershall designate the person or agency that made the investigation to attempt tolocate and advise the adopted person of the application. The designated personor agency shall report the results of the attempt to locate and advise theadopted person to the Commissioner, including the relative effects that disclosureof the identifying information may have on the adopted person, the adoptiveparents, and the birth family. The adopted person and the birth family maysubmit to the Commissioner, and the Commissioner shall consider, writtencomments stating the anticipated effect that the disclosure of identifyinginformation may have upon any party. Upon a showing of good cause, theCommissioner shall disclose the identifying information. If the Commissionerfails to designate a person or agency to attempt to locate the adopted personwithin thirty days of receipt of the application, or if the Commissioner deniesdisclosure of the identifying information after receiving the designatedperson's or agency's report, the birth parents or adult birth siblings, whoeverapplied, may apply to the circuit court for an order to disclose suchinformation. Such order shall be entered only upon good cause shown afternotice to and opportunity for hearing by the applicant for such order and theperson or agency that made the investigation. "Good cause" when usedin this section shall mean a showing of a compelling and necessitous need forthe identifying information.
A birth parent or adult birth sibling who is a resident ofVirginia may apply for the court order provided for herein to (i) the circuitcourt of the county or city where the birth parent or adult birth siblingresides or (ii) the circuit court of the county or city where the centraloffice of the Department is located. A birth parent or adult birth sibling whois not a resident of Virginia shall apply for such a court order to the circuitcourt of the county or city where the central office of the Department islocated.
If the identity and whereabouts of the adopted person andadoptive parents are known to the person or agency, the circuit court mayrequire the person or agency to advise the adopted person and adoptive parentsof the pendency of the application for such order. In determining good causefor the disclosure of such information, the circuit court shall consider therelative effects of such action upon the adopted person, the adoptive parentsand the birth family. The adopted person and the birth family may submit to thecircuit court, and the circuit court shall consider, written comments statingthe anticipated effect that the disclosure of identifying information may haveupon any party.
When consent of the adopted person is not obtainable, due tothe death or mental incapacity of the adopted person, the circuit court mayrelease identifying information to the birth parents or adult birth siblings.In making this decision, the circuit court shall consider the needs andconcerns of the birth parents or adult birth siblings and the adoptive familyif such information is available, the actions the agency took to locate theadopted person, the information in the agency's report and the recommendationof the agency.
B. Where the adoption is finalized on or after July 1, 1994,and the adopted person is under eighteen years of age, the adoptive parents orother legal custodian of the child may apply to the Commissioner for thedisclosure of identifying information about the birth family. The Commissionershall designate the person or agency that made the investigation to attempt tolocate and advise the birth family of the application. The designated person oragency shall report the results of the attempt to locate and advise the birthfamily to the Commissioner, including the relative effects that disclosure ofthe identifying information may have on the adopted person, the adoptiveparents or other legal custodian, and the birth family. The adoptive parents,legal custodian and birth family may submit to the Commissioner, and theCommissioner shall consider, written comments stating the anticipated effectthat the disclosure of identifying information may have upon any party. Upon ashowing of good cause, the Commissioner shall disclose the identifyinginformation. If the Commissioner fails to designate a person or agency toattempt to locate the birth family within thirty days of receipt of theapplication, or if the Commissioner denies disclosure of the identifyinginformation after receiving the designated person's or agency's report, theadoptive parents or legal custodian, whoever applied, may apply to the circuitcourt for an order to disclose such information. Such order shall be enteredonly upon good cause shown after notice to and opportunity for hearing by theapplicant for such order and the person or agency that made the investigation."Good cause" when used in this section shall mean a showing of acompelling and necessitous need for the identifying information.
An adoptive parent or legal custodian who is a resident ofVirginia may apply for the court order provided for herein to (i) the circuitcourt of the county or city where the adoptive parent or legal custodianresides or (ii) the circuit court of the county or city where the centraloffice of the Department is located. An adoptive parent or legal custodian whois not a resident of Virginia shall apply for such a court order to the circuitcourt of the county or city where the central office of the Department islocated.
If the identity and whereabouts of the birth parents are knownto the person or agency, the circuit court may require the person or agency toadvise the birth parents of the pendency of the application for such order. Indetermining good cause for the disclosure of such information, the circuitcourt shall consider the relative effects of such action upon the adoptedperson, the adoptive parents or legal custodian and the birth parents. Thebirth family may submit to the circuit court, and the circuit court shallconsider, written comments stating the anticipated effect that the disclosureof identifying information may have upon any party.
When consent of the birth family is not obtainable, due to thedeath of the birth parents or mental incapacity of the birth parents, thecircuit court may release identifying information to the adoptive parents orlegal custodian. In making this decision, the circuit court shall consider theneeds and concerns of the adoptive parents or legal custodian and the birthfamily if such information is available, the actions the agency took to locatethe birth family, the information in the agency's report and the recommendationof the agency.
C. In any case where a physician or licensed mental healthprovider submits a written statement, in response to a request from the adultadoptee, adoptive parent, birth parent or adult birth siblings, indicating thatit is critical that medical, psychological or genetic information be conveyed,and states clearly the reasons why this is necessary, the agency that made theinvestigation shall make an attempt to inform the adult adoptee, adoptiveparents, birth parents or adult birth siblings, whichever is applicable, of theinformation. The Commissioner shall provide information from the adoptionrecord to the searching agency if necessary to facilitate the search.Confidentiality of all parties shall be maintained by the agency.
D. In cases where at least one of the adoptive parents and oneof the birth parents agree in writing to allow the agency involved in theadoption to exchange nonidentifying information and pictures, the agency mayexchange this information with such adoptive parents and birth parents when thewhereabouts of the adoptive parents and birth parents is known or readilyaccessible. Such agreement may be entered into or withdrawn by either party atany time or may be withdrawn by the adult adoptee.
E. In parental placement adoptions, where the consent to theadoption was executed on or after July 1, 1994, the entire adoption recordshall be open to the adoptive parents, the adoptee who is eighteen years of ageor older, and a birth parent who executed a written consent to the adoption.
(1994, cc. 856, 942, § 63.1-236.01; 1995, cc. 772, 826; 2000,c. 830, § 63.1-219.54; 2002, c. 747.)
