Adoption of a child; amends statutes governing. (HB2159)

Introduced By

Del. David Toscano (D-Charlottesville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Adoption of a child. Amends statutes governing adoption of a child to provide that where any provision of the statutes governing adoption apply to only one adoptive parent, the court may waive the application of the procedural provision for the spouse of the adoptive parent to whom the provision applies; that payment of child support shall not constitute contact for the purpose of determining whether a parent has abandoned a child; that a court may grant a petition for adoption in the absence of consent by a parent upon filing of a death certificate for that parent; that parental consent to an entrustment agreement shall be revocable prior to entry of a final order of adoption upon proof of fraud or duress, or upon the consent of the birth parents and adoptive parents or child-placing agency; that, for purposes of consenting to an adoption, an affidavit signed by the birth mother stating that the identity of the birth father is unknown and not reasonably ascertainable shall be sufficient to establish that the identity of the father is not known; making the requirement that a licensed child-placing agency or local board consider recommendations of the birth parent, a physician or attorney optional rather than mandatory; provides that where the identity of the birth father is reasonably ascertainable but the whereabouts of the birth father are not reasonably ascertainable, verification of compliance with the requirements of the Putative Father Registry shall be provided to the court; that where a child has been placed under the physical custody and care of the prospective adoptive parents and the birth parent or parents fail to appear at the hearing to execute consent, the court may grant the petition without the consent of the parents; that a birth father who learns that he is the birth father of a child, and this fact has been concealed from him by fraud on the part of the birth mother, the birth father shall be able to register with the Putative Father Registry for a period of 10 days or until the entry of an order of reference, and interlocutory order or a final order of adoption is entered; and that where a putative father's identity and whereabouts are reasonably ascertainable, notice of the existence of an adoption plan and the availability of registration with the Putative Father Registry shall be mailed to the putative birth father by certified mail either before or after the birth of the child, but not after the court has entered an order of reference, interlocutory order, or final order of adoption. Read the Bill »


Bill Has Passed


01/14/2009Prefiled and ordered printed; offered 01/14/09 096664752
01/14/2009Referred to Committee on Health, Welfare and Institutions
01/20/2009Impact statement from DPB (HB2159)
01/21/2009Assigned HWI sub: Welfare
01/29/2009Subcommittee recommends reporting with amendment(s)
01/29/2009Reported from Health, Welfare and Institutions with substitute (21-Y 0-N) (see vote tally)
01/29/2009Committee substitute printed 093267752-H1
01/30/2009Read first time
02/02/2009Read second time
02/02/2009Committee substitute agreed to 093267752-H1
02/02/2009Engrossed by House - committee substitute HB2159H1
02/03/2009Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/03/2009VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/04/2009Constitutional reading dispensed
02/04/2009Referred to Committee on Rehabilitation and Social Services
02/11/2009Impact statement from DPB (HB2159H1)
02/13/2009Reported from Rehabilitation and Social Services with amendments (15-Y 0-N) (see vote tally)
02/16/2009Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/17/2009Read third time
02/17/2009Reading of amendments waived
02/17/2009Committee amendments agreed to
02/17/2009Engrossed by Senate as amended
02/17/2009Passed Senate with amendments (40-Y 0-N) (see vote tally)
02/18/2009Placed on Calendar
02/19/2009Senate amendments rejected by House (2-Y 96-N)
02/19/2009VOTE: --- REJECTED (2-Y 96-N) (see vote tally)
02/23/2009Senate insisted on amendments (39-Y 1-N) (see vote tally)
02/23/2009Senate requested conference committee
02/24/2009House acceded to request
02/25/2009Conferees appointed by Senate
02/25/2009Senators: Barker, Hanger, Herring
02/25/2009Conferees appointed by House
02/25/2009Delegates: Toscano, Iaquinto, Peace
02/26/2009Conference report agreed to by House (97-Y 0-N)
02/26/2009VOTE: --- ADOPTION (97-Y 0-N) (see vote tally)
02/27/2009Conference report agreed to by Senate (39-Y 0-N) (see vote tally)
03/09/2009Bill text as passed House and Senate (HB2159ER)
03/09/2009Signed by President
03/10/2009Impact statement from DPB (HB2159ER)
03/11/2009Signed by Speaker
03/30/2009Governor's recommendation received by House
04/07/2009Placed on Calendar
04/08/2009Enacted, Chapter 804 (effective 7/1/09)
04/08/2009House concurred in Governor's recommendation (99-Y 0-N)
04/08/2009VOTE: --- ADOPTION (99-Y 0-N) (see vote tally)
04/08/2009Senate concurred in Governor's recommendation (40-Y 0-N) (see vote tally)
04/08/2009G Governor's recommendation adopted
04/08/2009Reenrolled bill text (HB2159ER2)
04/08/2009Signed by Speaker as reenrolled
04/08/2009Signed by President as reenrolled
04/08/2009Enacted, Chapter 805 (effective 7/1/09)
04/08/2009G Acts of Assembly Chapter text (CHAP0805)
04/14/2009Reenrolled bill text (HB2159ER2)


Marsha Maines writes:

no. the "putative fathers registry" is simply the "state's" way of tracking potential income revenues. At ANY TIME a man discovers he may be a father, and HE CHOOSES to pursue his child, he should be entitled to a DNA test to establish his GUARANTEED INALIENABLE RIGHTS, to his OWN CHILD. at no time should anyone other than the biological parents who created the child be given 2nd preference - regardless of how the "state" feels about it. This bill REEKS of a religious scheme from a particular "church" of which the person who sponsored this bill belongs...NO WAY..

Christopher Slitor writes:

My sentiments on this are those of Marsha Maines. I oppose this legislation. It is bound to create mischief.