Adoption; filing of petition. (HB138)

Introduced By

Del. Chris Peace (R-Mechanicsville) with support from co-patron Del. Dave Albo (R-Springfield)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Filing of petition for adoption. Provides that a petition filed while a child is under 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of a final order of adoption and that any final order of adoption entered after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the circuit court. Read the Bill »


Bill Has Passed


12/20/2007Prefiled and ordered printed; offered 01/09/08 084440676
12/20/2007Referred to Committee on Health, Welfare and Institutions
01/15/2008Impact statement from DPB (HB138)
01/17/2008Reported from Health, Welfare and Institutions with amendment (22-Y 0-N) (see vote tally)
01/17/2008Referred to Committee on Appropriations
01/17/2008Impact statement from DPB (HB138)
01/18/2008Assigned App. sub: Health & Human Resources (Hamilton)
01/30/2008Reported from Appropriations (24-Y 0-N) (see vote tally)
02/01/2008Read first time
02/04/2008Read second time
02/04/2008Committee amendment agreed to
02/04/2008Engrossed by House as amended HB138E
02/04/2008Printed as engrossed 084440676-E
02/05/2008Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/05/2008VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/05/2008Communicated to Senate
02/06/2008Constitutional reading dispensed
02/06/2008Referred to Committee on Rehabilitation and Social Services
02/07/2008Impact statement from DPB (HB138E)
02/15/2008Reported from Rehabilitation and Social Services (15-Y 0-N)
02/18/2008Constitutional reading dispensed (40-Y 0-N)
02/19/2008Read third time
02/19/2008Passed Senate (39-Y 0-N)
02/20/2008Bill text as passed House and Senate (HB138ER)
02/20/2008Impact statement from DPB (HB138ER)
02/21/2008Signed by Speaker
02/25/2008Signed by President
03/02/2008G Approved by Governor-Chapter 115 (effective 7/1/08)
03/02/2008G Approved by Governor-Chapter 116 (effective 7/1/08)
03/05/2008G Acts of Assembly Chapter text (CHAP0116)


Marsha Maines writes:

this is just another 'branch' reaching out to nab a person for child support...and get it 'backdated'.

Emily writes:

i think that this bill was good because it is helping kids to get adopted without having to worry about time because of how long the process may take and then they wont have any legal guardian because the process took too long

Julie writes:

The idea for House Bill 138, which unanimously passed the Virginia General Assembly, initially came from constituents of Del. Peace who live in Caroline County.

Specifically, a family desired to adopt a young woman who turned eighteen during the process of petitioning for adoption. Unfortunately the courts invalidated their petition because the child reached majority age prior to the final order of adoption. The measure provides that a petition filed while a child is under 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of a final order of adoption.

According to the Virginia Department of Social Services, in 2007, 8,173 children were in foster care in Virginia.