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2008 SESSION
087775204Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1215 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1215. Legal effects of adoption.
The birth parents, and the parents by previous adoption, if
any, other than any such parent who is the husband or
wife of one of the petitioners, shall, by final order of adoption,
be divested of all legal rights and obligations in respect to the child
including the right to petition any court for visitation with the child. However, a final order of
adoption shall not divest the legal rights and obligations
in respect to the child of a birth parent or
parent by previous adoption (i) who is the husband
or wife of one of the petitioners, or (ii) who is the former husband or wife of the
petitioner, provided that (a) the
birth parent or parent by previous adoption consents to the adoption, or (b)
the other birth parent or parent by previous adoption has died, consents
to the adoption pursuant to § 63.2-1202 subject to the divestiture of his rights and obligations pursuant to this
section, or has had his parental rights terminated by a court of
competent jurisdiction. No adoption pursuant
to clause (ii) shall be permitted over the objection of the other birth parent
or parent by previous adoption. Except where a final order of
adoption is entered pursuant to § 63.2-1241, any person whose interest in the
child derives from or through the birth parent or previous adoptive parent,
including but not limited to grandparents, stepparents, former stepparents,
blood relatives and family members shall, by final order of adoption, be
divested of all legal rights and obligations in respect to the child including
the right to petition any court for visitation with the child. In all cases the
child shall be free from all legal obligations of obedience and maintenance in
respect to such persons divested of legal rights. Any child adopted under the
provisions of this chapter shall, from and after the entry of the interlocutory
order or from and after the entry of the final order where no such
interlocutory order is entered, be, to all intents and purposes, the child of
the person or persons so adopting him, and, unless and until such interlocutory
order or final order is subsequently revoked, shall be entitled to all the
rights and privileges, and subject to all the obligations, of a child of such
person or persons born in lawful wedlock. An adopted person is the child of an
adopting parent, and as such, the adopting parent shall be entitled to testify
in all cases civil and criminal, as if the adopted child was born of the
adopting parent in lawful wedlock.