2006 Code of Virginia § 63.2-1241 - Adoption of child by new spouse of birth or adoptive parent

63.2-1241. Adoption of child by new spouse of birth or adoptive parent.

A. When the spouse of a birth parent of a child born in wedlock or the spouseof a parent by adoption of the child has died, and the surviving birth parentor parent by adoption marries again and the new spouse desires to adopt thechild, on a petition filed by the surviving birth parent or parent byadoption and new spouse for the adoption and change of name of the child, thecircuit court may proceed to order the proposed adoption or change of namewithout referring the matter to the local director.

B. When a birth parent of a legitimate infant or a parent by adoption isdivorced and marries again and the birth parent or parent by adoption desiresthe new spouse to adopt the child, on a petition filed by the birth parent orparent by adoption and the new spouse for the adoption and change of name ofthe child, or if the child is the result of surrogacy, the circuit court mayproceed to order the proposed adoption or change of name without referringthe matter to the local director if the other birth parent or parent byadoption consents in writing to the adoption or change of name or if theother birth parent or parent by adoption is deceased.

C. When the custodial birth parent of a child born to parents who were notmarried to each other at the time of the child's conception or birth marriesand the new spouse of such custodial birth parent desires to adopt suchchild, on a petition filed by the custodial birth parent and spouse for theadoption and change of name of the child, the circuit court may proceed toorder the proposed adoption and change of name without referring the matterto the local director if (i) the noncustodial birth parent consents, underoath, in writing to the adoption, or (ii) the mother swears, under oath, inwriting, that the identity of the father is not reasonably ascertainable, or(iii) the putative father named by the mother denies paternity of the child,or (iv) the child is fourteen years of age or older and has lived in the homeof the person desiring to adopt the child for at least five years, or (v) thenoncustodial birth parent is deceased, or (vi) the noncustodial birth parentexecutes a denial of paternity under oath and in writing, or (vii) thenoncustodial birth parent:

a. Is not an acknowledged father pursuant to 20-49.1; and

b. Is not an adjudicated father pursuant to 20-49.8; and

c. Is not a presumed father; and

d. (Effective July 1, 2007) Is not a putative father who has registered withthe Putative Father Registry pursuant to Article 9 ( 63.2-1249 et seq.) ofthis chapter and the putative father's identity is not reasonablyascertainable.

D. When a single person who has adopted a child thereafter marries anddesires his spouse to adopt the child, on a petition filed by the adoptiveparent and the spouse for the adoption and change of name of the child, thecircuit court may proceed to order the proposed adoption or change of namewithout referring the matter to the local director.

(Code 1950, 63-356.1; 1950, p. 626; 1956, c. 300; 1968, c. 578, 63.1-231;1974, c. 421; 1975, c. 364; 1977, c. 526; 1979, c. 339; 1986, cc. 481, 482;1987, c. 482; 1992, c. 607; 1995, cc. 772, 826; 2000, c. 830, 63.1-219.48;2002, c. 747; 2006, cc. 825, 848.)