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2009 SESSION

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098398275
SENATE BILL NO. 1011 Offered January 14, 2009 Prefiled January 13, 2009 A BILL to amend the Code of Virginia by adding sections numbered 63.2-1228.1, 63.2-1228.2, and 63.2-1228.3, relating to post-adoption contact and communication. ---------- Patron-- Miller, J.C. ---------- Referred to Committee on Rehabilitation and Social Services ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 63.2-1228.1, 63.2-1228.2, and 63.2-1228.3 as follows:

§ 63.2-1228.1. Post-adoption contact and communication agreements.

A. In any adoption in which the local department has legal custody of the prospective adoptee, the birth parent or parents may enter into an agreement with the intended adoptive parent or parents regarding communication and contact between the birth parent or parents and adopted child following entry of the final order of adoption. Such agreement shall be executed and approved by the court prior to entry of the final order of adoption, and may be conditioned upon the birth parent or birth parents voluntarily terminating parental rights to the child.

B. No agreement for post-adoption contact and communication shall be approved unless the court finds that (i) the agreement was voluntarily entered into by all parties, (ii) the agreement is in the best interests of the child, and (iii) where the prospective adoptee is 14 years of age or older, the child has consented to the terms of the agreement. No agreement shall be approved over the objection of a prospective adoptee who is 14 years of age or older.

§ 63.2-1228.2. Jurisdiction to approve post-adoption contact and communication agreements.

The juvenile and domestic relations district court and the circuit court of the jurisdiction in which the final order of adoption was entered shall have concurrent jurisdiction to approve and enforce the terms of a post-adoption contact and communication agreement entered into pursuant to § 63.2-1228.1.

§ 63.2-1228.3. Enforcement and modification of post-adoption contact and communication agreements.

A. Failure to comply with the terms of a post-adoption contact and communication agreement or an order entered into pursuant to § 63.2-1228.1 shall not affect (i) the consent to the adoption, (ii) the voluntary relinquishment of parental rights, (iii) the voluntary or involuntary termination of parental rights, or (iv) the finality of the adoption.

B. The court shall not grant a request to modify the terms of a post-adoption contact and communication agreement unless the moving party establishes that there has been a change of circumstances and the agreement is no longer in the child's best interests.

C. Failure to comply with the terms of a post-adoption contact and communication agreement or order entered pursuant to § 63.2-1228.1 shall constitute contempt of court.