Saturday, October 11, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB1017: Adoption; exception to requirement that spouses file a joint petition.
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1201 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1201. Filing of petition for adoption; venue; jurisdiction; and proceedings.
Proceedings for the adoption of a minor child and for a change
of name of such child shall be instituted only by petition to a circuit court
in the county or city in which the petitioner resides, in the county or city in
which the child-placing agency that placed the child is located, or in the
county 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 in the
Commonwealth, or who has custody of a child placed by a child-placing agency of
the Commonwealth, or by an adopting parent of a child who was subject to a
consent proceeding held pursuant to § 63.2-1233, or by intended parents who are
parties to a surrogacy contract. The petition shall ask leave to adopt a minor
child not legally the petitioner's by birth and, if it is so
desired by the petitioner, also to change the name of such child. In the case
of married persons, the petition shall be the joint petition of the husband and
wife but, in the event the child to be adopted is legally the child by birth or
adoption of one of the petitioners, that petitioner shall unite in the petition
for the purpose of indicating consent to the prayer thereof only. In
its discretion, upon good cause shown, a court may waive
the requirement that a spouse join in the petition. The petition shall contain a full
disclosure of the circumstances under which the child came to live, and is
living, in the home of the petitioner. Each petition for adoption shall be
signed by the petitioner as well as by counsel of record, if any. In any case
in which the petition seeks the entry of an adoption order without referral for
investigation, the petition shall be under oath.
A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents, and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.
(Effective July 1, 2007) The petition for adoption, except those filed pursuant to subdivisions 5 and 6 of § 63.2-1210, shall include an additional $50 filing fee that shall be used to fund the Putative Father Registry established in Article 7 (§ 63.2-1249 et seq.) of this chapter.
§ 63.2-1237. Petition for parental placement adoption; jurisdiction; contents.
Proceedings for the parental placement adoption of a minor
child and for a change of name of such child shall be instituted only by
petition to the circuit court in the county or city in which the petitioner
resides or in the county or city where a birth parent has executed a consent
pursuant to § 63.2-1233. Such petition may be filed by any natural person who
resides in the Commonwealth or is the adopting parent(s) of a child who was
subject to a consent proceeding held pursuant to § 63.2-1233. The petition
shall ask leave to adopt a minor child not legally the petitioner's by birth
and, if it is so desired by the petitioner,
also to change the name of such child. In the case of married persons, the
petition shall be the joint petition of the husband and wife but, in the event
the child to be adopted is legally the child by birth or adoption of one of the
petitioners, that petitioner shall unite in the petition for the purpose of
indicating his or her consent to the prayer thereof only. In its discretion,
upon good cause shown, the court may waive the requirement that a spouse join
in the petition. The petition shall contain a full disclosure of
the circumstances under which the child came to live, and is living, in the
home of the petitioner. Each petition for adoption shall be signed by the
petitioner as well as by counsel of record, if any. In any case in which the
petition seeks the entry of an adoption order without referral for
investigation, the petition shall be under oath.
The petition shall state that the findings required by § 63.2-1232 have been made and shall be accompanied by appropriate documentation supporting such statement, to include copies of documents executing consent and transferring custody of the child to the prospective adoptive parents, and a copy of the report required by § 63.2-1231. The court shall not waive any of the requirements of this paragraph nor any of the requirements of § 63.2-1232 except as allowed pursuant to subdivision 4 of § 63.2-1233.
A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents; and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.
Additional Data
Explanation
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Words that are highlighted in yellow are
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