2006 Code of Virginia § 63.2-1210 - Probationary period, interlocutory order and order of reference not required under certain circumst...

63.2-1210. Probationary period, interlocutory order and order of referencenot required under certain circumstances.

The circuit court may omit the probationary period and the interlocutoryorder and enter a final order of adoption under the following circumstances:

1. If the child is legally the child by birth or adoption of one of thepetitioners and the circuit court is of the opinion that the entry of aninterlocutory order would otherwise be proper.

2. (Effective until July 1, 2007) If one of the petitioners is a step-parentof the child and the circuit court is of the opinion that the entry of aninterlocutory order would otherwise be proper, the court may omit the orderof reference if the petitioners meet the requirements of 63.2-1241.

2. (Effective July 1, 2007) If one of the petitioners is a step-parent of thechild and the circuit court is of the opinion that the entry of aninterlocutory order would otherwise be proper. The court may omit the orderof reference if the petitioners meet the requirements of 63.2-1241.

3. After receipt of the report required by 63.2-1208, if the child has beenplaced in the physical custody of the petitioner by a child-placing agencyand (i) the placing or supervising agency certifies to the circuit court thatthe child has lived in the physical custody of the petitioner continuouslyfor a period of at least six months immediately preceding the filing of thepetition and has been visited by a representative of such agency at leastthree times within a six-month period, provided there are not less thanninety days between the first visit and the last visit, and (ii) the circuitcourt is of the opinion that the entry of an interlocutory order wouldotherwise be proper. The circuit court may, for good cause shown, in cases ofplacement by a child-placing agency, omit the requirement that the threevisits be made within a six-month period.

4. After receipt of the report, if the child has been in physical custody ofthe petitioner continuously for at least three years immediately prior to thefiling of the petition for adoption, and the circuit court is of the opinionthat the entry of an interlocutory order would otherwise be proper.

5. After receipt of the report, if the child has been legally adoptedaccording to the laws of a foreign country with which the United States hasdiplomatic relations and if the circuit court is of the opinion that theentry of an interlocutory order would otherwise be proper, and the child (i)has been in the physical custody of the petitioners for at least one yearimmediately prior to the filing of the petition and a representative of achild-placing agency has visited the petitioner and child at least once inthe six months immediately preceding the filing of the petition or during itsinvestigation pursuant to 63.2-1208 or (ii) has been in the physicalcustody of the petitioners for at least six months immediately prior to thefiling of the petition, has been visited by a representative of achild-placing agency or of the local department three times within suchsix-month period with no fewer than ninety days between the first and lastvisits, and the last visit has occurred within six months immediately priorto the filing of the petition.

6. After receipt of the report, if the child was placed into Virginia from aforeign country in accordance with 63.2-1104, and the child has been in thephysical custody of the petitioner for at least six months immediately priorto the filing of the petition and has been visited by a representative of alicensed child-placing agency or of the local department three times withinthe six-month period with no fewer than ninety days between the first andlast visits. The circuit court may, for good cause shown, in cases of aninternational placement, omit the requirement that the three visits be madewithin a six-month period.

(Code 1950, 63-355; 1952, c. 71; 1954, c. 489; 1962, c. 603; 1964, c. 429;1968, c. 578, 63.1-229; 1975, c. 364; 1978, c. 750; 1980, c. 268; 1983, c.334; 1986, c. 470; 1992, c. 607; 1993, c. 553; 1995, cc. 772, 826; 2000, c.830, 63.1-219.17; 2002, c. 747; 2006, cc. 825, 848.)