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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.1-236 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 63.1-236.01 as follows:
§ 63.1-236. Disposition of reports; disclosure of information as to identity of biological family.
Upon the entry of a final order of adoption or other final disposition of the matter, the clerk of the court in which it was entered shall forthwith transmit to the Commissioner all reports made in connection with the case, and the Commissioner shall preserve such reports and all other collateral reports, information and recommendations in a separate file. Except as provided in subsections C, D and E of § 63.1-236.01, nonidentifying information from such adoption file shall not be open to inspection, or be copied, by anyone other than the adopted person, if eighteen years of age or over, or licensed or authorized child-placing agencies providing services to the child or the adoptive parents, except upon the order of a circuit court entered upon good cause shown. However, if the adoptive parents, or either of them, is living, the adopted person shall not be permitted to inspect the home study of the adoptive parents unless the Commissioner first obtains written permission to do so from such adoptive parent or parents.
No identifying information from such adoption file shall be disclosed, open
to inspection or made available to be copied except as provided in
subsections A, B and E of § 63.1-236.01 or upon application of the
adopted person, if eighteen years of age or over, to the Commissioner, who
shall designate the person or agency which made the investigation required by
§ § 63.1-220.3, 63.1-223 or § 63.1-228 to attempt to locate and advise
the biological family of the application. The designated person or agency
shall report the results of the attempt to locate and advise the biological
family to the Commissioner, including the relative effects that disclosure of
the identifying information may have on the adopted person, the adoptive
parents, and the biological family. The adopted person, the adoptive
parents and the biological family may submit to the Commissioner, and the
Commissioner shall consider, written comments stating the anticipated effect
that the disclosure of identifying information may have upon any party. Upon
a showing of good cause, the Commissioner shall disclose the identifying
information. If the Commissioner fails to designate a person or agency to
attempt to locate the biological family within thirty days of receipt of the
application, or if the Commissioner denies disclosure of the identifying
information after receiving the designated person's or agency's report, the
adopted person may apply to the circuit court for an order to disclose such
information. Such order shall be entered only upon good cause shown after
notice to and opportunity for hearing by the applicant for such order and the
person or agency which made the investigation required by § §
63.1-220.3, 63.1-223 or § 63.1-228. "Good cause" when used in this
section shall mean a showing of a compelling and necessitous need for the
identifying information.
An eligible adoptee who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the adoptee resides or (ii) the circuit court of the county or city where the central office of the State Department of Social Services is located. An eligible adoptee who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the State Department of Social Services is located.
If the identity and whereabouts of the adoptive parents and the biological
parents are known to the person or agency, the court may require the person
or agency to advise the adoptive parents and the biological parents of the
pendency of the application for such order. In determining good cause for
the disclosure of such information, the court shall consider the relative
effects of such action upon the adopted person, the adoptive parents and the
biological parents. The adopted person, the adoptive parents and the
biological family may submit to the court, and the court shall consider,
written comments stating the anticipated effect that the disclosure of
identifying information may have upon any party. However, if the adoptive
parents, or either of them, is living, the adopted person shall not be
permitted to inspect the home study of the adoptive parents unless the
Commissioner first obtains written permission to do so from such adoptive
parent or parents.
When consent of the biological parents is not obtainable, due to the death of the biological parents or mental incapacity of the biological parents, the court may release identifying information to the adult adopted person. In making this decision, the court shall consider the needs and concerns of the adopted person and the biological family if such information is available, the actions the agency took to locate the biological family, the information in the agency's report and the recommendation of the agency.
The Commissioner, person or agency may charge a reasonable fee to cover the costs of processing requests for nonidentifying information.
Upon entry of a final order of adoption or other final disposition of a matter involving the placement of a child by a licensed child-placing agency or a local board of public welfare or social services or an investigation by the local director or superintendent of a placement for adoption of a child, the agency or local board shall transmit to the Commissioner all reports and collateral information in connection with the case which shall be preserved by the Commissioner in accordance with this section.
§ 63.1-236. (Delayed effective date) Disposition of reports; disclosure of information as to identity of biological family.
Upon the entry of a final order of adoption or other final disposition of the matter, the clerk of the court in which it was entered shall forthwith transmit to the Commissioner all reports made in connection with the case, and the Commissioner shall preserve such reports and all other collateral reports, information and recommendations in a separate file. Except as provided in subsections C, D and E of § 63.1-236.01, nonidentifying information from such adoption file shall not be open to inspection, or be copied, by anyone other than the adopted person, if eighteen years of age or over, or licensed or authorized child-placing agencies providing services to the child or the adoptive parents, except upon the order of a family court entered upon good cause shown. However, if the adoptive parents, or either of them, is living, the adopted person shall not be permitted to inspect the home study of the adoptive parents unless the Commissioner first obtains written permission to do so from such adoptive parent or parents.
No identifying information from such adoption file shall be disclosed, open
to inspection or made available to be copied except as provided in
subsections A, B and E of § 63.1-236.01 or upon application of the
adopted person, if eighteen years of age or over, to the Commissioner, who
shall designate the person or agency which made the investigation required by
§§ 63.1-220.3, 63.1-223 or § 63.1-228 to attempt to locate and advise
the biological family of the application. The designated person or agency
shall report the results of the attempt to locate and advise the biological
family to the Commissioner, including the relative effects that disclosure of
the identifying information may have on the adopted person, the adoptive
parents, and the biological family. The adopted person, the adoptive
parents and the biological family may submit to the Commissioner, and the
Commissioner shall consider, written comments stating the anticipated effect
that the disclosure of identifying information may have upon any party. Upon
a showing of good cause, the Commissioner shall disclose the identifying
information. If the Commissioner fails to designate a person or agency to
attempt to locate the biological family within thirty days of receipt of the
application, or if the Commissioner denies disclosure of the identifying
information after receiving the designated person's or agency's report, the
adopted person may apply to the family court for an order to disclose such
information. Such order shall be entered only upon good cause shown after
notice to and opportunity for hearing by the applicant for such order and the
person or agency which made the investigation required by §§ 63.1-220.3,
63.1-223 or § 63.1-228. "Good cause" when used in this section shall
mean a showing of a compelling and necessitous need for the identifying
information.
An eligible adoptee who is a resident of Virginia may apply for the court order provided for herein to (i) the family court of the county or city where the adoptee resides or (ii) the family court of the county or city where the central office of the State Department of Social Services is located. An eligible adoptee who is not a resident of Virginia shall apply for such a court order to the family court of the county or city where the central office of the State Department of Social Services is located.
If the identity and whereabouts of the adoptive parents and the biological
parents are known to the person or agency, the court may require the person
or agency to advise the adoptive parents and the biological parents of the
pendency of the application for such order. In determining good cause for the
disclosure of such information, the court shall consider the relative effects
of such action upon the adopted person, the adoptive parents and the
biological parents. The adopted person, the adoptive parents and the
biological family may submit to the court, and the court shall consider,
written comments stating the anticipated effect that the disclosure of
identifying information may have upon any party. However, if the adoptive
parents, or either of them, is living, the adopted person shall not be
permitted to inspect the home study of the adoptive parents unless the
Commissioner first obtains written permission to do so from such adoptive
parent or parents.
When consent of the biological parents is not obtainable, due to the death of the biological parents or mental incapacity of the biological parents, the court may release identifying information to the adult adopted person. In making this decision, the court shall consider the needs and concerns of the adopted person and the biological family if such information is available, the actions the agency took to locate the biological family, the information in the agency's report and the recommendation of the agency.
The Commissioner, person or agency may charge a reasonable fee to cover the costs of processing requests for nonidentifying information.
Upon entry of a final order of adoption or other final disposition of a matter involving the placement of a child by a licensed child-placing agency or a local board of public welfare or social services or an investigation by the local director or superintendent of a placement for adoption of a child, the agency or local board shall transmit to the Commissioner all reports and collateral information in connection with the case which shall be preserved by the Commissioner in accordance with this section.
§ 63.1-236.01. Disclosure to biological family; adoptive parents; medical, etc., information; exchange of information; open records in parental placement adoptions.
A. Where the adoption is finalized on or after July 1, 1994, and the adopted person is twenty-one years of age or over, the adopted person's biological parents and adult biological siblings may apply to the Commissioner for the disclosure of identifying information from the adoption file. The Commissioner shall designate the person or agency which made the investigation required by §§ 63.1-220.3, 63.1-223 or § 63.1-228 to attempt to locate and advise the adopted person of the application. The designated person or agency shall report the results of the attempt to locate and advise the adopted person to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents, and the biological family. The adopted person and the biological family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the adopted person within thirty days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person's or agency's report, the biological parents or adult biological siblings, whoever applied, may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency which made the investigation required by §§ 63.1-220.3, 63.1-223 or § 63.1-228. "Good cause" when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.
A biological parent or adult biological sibling who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the biological parent or adult biological sibling resides or (ii) the circuit court of the county or city where the central office of the State Department of Social Services is located. A biological parent or adult biological sibling who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the State Department of Social Services is located.
If the identity and whereabouts of the adopted person and adoptive parents are known to the person or agency, the court may require the person or agency to advise the adopted person and adoptive parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the biological family. The adopted person and the biological family may submit to the court, and the court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.
When consent of the adopted person is not obtainable, due to the death or mental incapacity of the adopted person, the court may release identifying information to the biological parents or adult biological siblings. In making this decision, the court shall consider the needs and concerns of the biological parents or adult biological siblings and the adoptive family if such information is available, the actions the agency took to locate the adopted person, the information in the agency's report and the recommendation of the agency.
B. Where the adoption is finalized on or after July 1, 1994, and the adopted person is under eighteen years of age, the adoptive parents or other legal custodian of the child may apply to the Commissioner for the disclosure of identifying information about the biological family. The Commissioner shall designate the person or agency which made the investigation required by §§ 63.1-220.3, 63.1-223 or § 63.1-228 to attempt to locate and advise the biological family of the application. The designated person or agency shall report the results of the attempt to locate and advise the biological family to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents or other legal custodian, and the biological family. The adoptive parents, legal custodian and biological family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the biological family within thirty days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person's or agency's report, the adoptive parents or legal custodian, whoever applied, may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency which made the investigation required by §§ 63.1-220.3, 63.1-223 or § 63.1-228. "Good cause" when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.
An adoptive parent or legal custodian who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the adoptive parent or legal custodian resides or (ii) the circuit court of the county or city where the central office of the State Department of Social Services is located. An adoptive parent or legal custodian who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the State Department of Social Services is located.
If the identity and whereabouts of the biological parents are known to the person or agency, the court may require the person or agency to advise the biological parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the court shall consider the relative effects of such action upon the adopted person, the adoptive parents or legal custodian and the biological parents. The biological family may submit to the court, and the court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.
When consent of the biological family is not obtainable, due to the death of the biological parents or mental incapacity of the biological parents, the court may release identifying information to the adoptive parents or legal custodian. In making this decision, the court shall consider the needs and concerns of the adoptive parents or legal custodian and the biological family if such information is available, the actions the agency took to locate the biological family, the information in the agency's report and the recommendation of the agency.
C. In any case where a physician or licensed mental health provider submits a written statement, in response to a request from the adult adoptee, adoptive parent, biological parent or adult biological siblings, indicating that it is critical that medical, psychological or genetic information be conveyed, and states clearly the reasons why this is necessary, the agency which made the investigation pursuant to §§ 63.1-220.3, 63.1-223, or § 63.1-228, shall make an attempt to inform the adult adoptee, adoptive parents, biological parents or adult biological siblings, whichever is applicable, of the information. The Commissioner shall provide information from the adoption record to the searching agency if necessary to facilitate the search. Confidentiality of all parties shall be maintained by the agency.
D. In cases where at least one of the adoptive parents and one of the biological parents agree in writing to allow the agency involved in the adoption to exchange nonidentifying information and pictures, the agency may exchange this information with such adoptive parents and biological parents when the whereabouts of the adoptive parents and biological parents is known or readily accessible. Such agreement may be entered into or withdrawn by either party at any time or may be withdrawn by the adult adoptee.
E. In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is eighteen years of age or older, and a biological parent who executed a written consent to the adoption.