2006 Code of Virginia § 63.2-1246 - Disposition of reports; disclosure of information as to identity of birth family

63.2-1246. Disposition of reports; disclosure of information as to identityof birth family.

Upon the entry of a final order of adoption or other final disposition of thematter, the clerk of the circuit court in which it was entered shallforthwith transmit to the Commissioner all reports made in connection withthe case, and the Commissioner shall preserve such reports and all othercollateral reports, information and recommendations in a separate file.Except as provided in subsections C, D and E of 63.2-1247, nonidentifyinginformation from such adoption file shall not be open to inspection, or becopied, by anyone other than the adopted person, if eighteen years of age orover, or licensed or authorized child-placing agencies providing services tothe child or the adoptive parents, except upon the order of a circuit courtentered upon good cause shown. However, if the adoptive parents, or either ofthem, is living, the adopted person shall not be permitted to inspect thehome study of the adoptive parents unless the Commissioner first obtainswritten permission to do so from such adoptive parent or parents.

No identifying information from such adoption file shall be disclosed, opento inspection or made available to be copied except as provided insubsections A, B and E of 63.2-1247 or upon application of the adoptedperson, if eighteen years of age or over, to the Commissioner, who shalldesignate the person or agency that made the investigation to attempt tolocate and advise the birth family of the application. The designated personor agency shall report the results of the attempt to locate and advise thebirth family to the Commissioner, including the relative effects thatdisclosure of the identifying information may have on the adopted person, theadoptive parents, and the birth family. The adopted person and the birthfamily may submit to the Commissioner, and the Commissioner shall consider,written comments stating the anticipated effect that the disclosure ofidentifying information may have upon any party. Upon a showing of goodcause, the Commissioner shall disclose the identifying information. If theCommissioner fails to designate a person or agency to attempt to locate thebirth family within thirty days of receipt of the application, or if theCommissioner denies disclosure of the identifying information after receivingthe designated person's or agency's report, the adopted person may apply tothe circuit court for an order to disclose such information. Such order shallbe entered only upon good cause shown after notice to and opportunity forhearing by the applicant for such order and the person or agency that madethe investigation. "Good cause" when used in this section shall mean ashowing of a compelling and necessitous need for the identifying information.

An eligible adoptee who is a resident of Virginia may apply for the courtorder provided for herein to (i) the circuit court of the county or citywhere the adoptee resides or (ii) the circuit court of the county or citywhere the central office of the Department is located. An eligible adopteewho is not a resident of Virginia shall apply for such a court order to thecircuit court of the county or city where the central office of theDepartment is located.

If the identity and whereabouts of the adoptive parents and the birth parentsare known to the person or agency, the circuit court may require the personor agency to advise the adoptive parents and the birth parents of thependency of the application for such order. In determining good cause for thedisclosure of such information, the circuit court shall consider the relativeeffects of such action upon the adopted person, the adoptive parents and thebirth parents. The adopted person and the birth family may submit to thecircuit court, and the circuit court shall consider, written comments statingthe anticipated effect that the disclosure of identifying information mayhave upon any party.

When consent of the birth parents is not obtainable, due to the death of thebirth parents or mental incapacity of the birth parents, the circuit courtmay release identifying information to the adult adopted person. In makingthis decision, the circuit court shall consider the needs and concerns of theadopted person and the birth family if such information is available, theactions the agency took to locate the birth family, the information in theagency's report and the recommendation of the agency.

The Commissioner, person or agency may charge a reasonable fee to cover thecosts of processing requests for nonidentifying information.

Upon entry of a final order of adoption or other final disposition of amatter involving the placement of a child by a licensed child-placing agencyor a local board or an investigation by the local director of a placement foradoption of a child, the agency or local board shall transmit to theCommissioner all reports and collateral information in connection with thecase, which shall be preserved by the Commissioner in accordance with thissection.

(Code 1950, 63-360; 1964, c. 429; 1968, c. 578, 63.1-236; 1970, c. 672;1972, c. 823; 1976, c. 366; 1977, c. 556; 1978, cc. 256, 730; 1979, c. 43;1988, c. 221; 1992, c. 607; 1993, c. 962; 1994, cc. 856, 942; 1995, cc. 772,826; 2000, c. 830, 63.1-219.53; 2002, c. 747.)