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2011 SESSION
11105005DBe it enacted by the General Assembly of Virginia:
1. That § 32.1-261 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-261. New birth certificate established on proof of adoption, legitimation or determination of paternity.
A. The State Registrar shall establish a new certificate of
birth for a person born in this the Commonwealth upon receipt of
the following:
1. An adoption report as provided in § 32.1-262, a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person if 18 years of age or older.
2. A request that a new certificate be established and such evidence as may be required by regulation of the Board proving that such person has been legitimated or that a court of the Commonwealth has, by final order, determined the paternity of such person. The request shall state that no appeal has been taken from the final order and that the time allowed to perfect an appeal has expired.
3. An order entered pursuant to subsection D of § 20-160. The order shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.
4. A surrogate consent and report form as authorized by § 20-162. The report shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.
B. When a new certificate of birth is established pursuant to
subsection A of this section, the actual place and date of birth shall
be shown. It shall be substituted for the original certificate of birth.
Thereafter, the original certificate and the evidence of adoption, paternity or
legitimation shall be sealed and filed and not be subject to inspection except
upon order of a court of this the Commonwealth or in accordance
with § 32.1-252. However, upon receipt of notice of a decision or order
granting an adult adopted person access to identifying information regarding
his birth parents from the Commissioner of Social Services or a circuit court,
and proof of identification, the State Registrar shall make an adult adopted
person's original certificate of birth available to such adult adopted person
for inspection and copying.
C. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.
D. Upon receipt of notice or decree of annulment of adoption,
the original certificate of birth shall be restored to its place in the files
and the new certificate and evidence shall not be subject to inspection except
upon order of a court of this the Commonwealth or in accordance
with § 32.1-252.
E. The State Registrar shall establish and register a Virginia
certificate of birth for a person born in a foreign country and for whom a
report or final order of adoption has been entered in a court of this the
Commonwealth when the State Registrar receives an adoption report as
provided in § 32.1-262 and a request that such a certificate be established and
registered; however, a Virginia certificate of birth shall not be established
or registered if so requested by the court decreeing the adoption, the adoptive
parents or the adopted person if 18 years of age or older. If a circuit
court of the Commonwealth corrects or establishes a date of birth for a person
born in a foreign country during the adoption proceedings or upon a petition to
amend a certificate of foreign birth pursuant to subsection C of § 63.2-1220,
the State Registrar shall issue a certificate showing the date of birth
established by the court. After registration of the birth certificate in
the new name of the adopted person, the State Registrar shall seal and file the
report of adoption which shall not be subject to inspection except upon order
of a court of this the Commonwealth or in accordance with §
32.1-252. The birth certificate shall show the true or probable foreign country
of birth and shall state that the certificate is not evidence of United States
citizenship for the child for whom it is issued or for the adoptive parents.
F. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the State Registrar as provided in § 32.1-259 or § 32.1-260 before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required.