2006 Code of Virginia § 63.2-1247 - Disclosure to birth family; adoptive parents; medical, etc., information; exchange of information; ...

63.2-1247. Disclosure to birth family; adoptive parents; medical, etc.,information; exchange of information; open records in parental placementadoptions.

A. Where the adoption is finalized on or after July 1, 1994, and the adoptedperson is twenty-one years of age or over, the adopted person's birth parentsand adult birth siblings may apply to the Commissioner for the disclosure ofidentifying information from the adoption file. The Commissioner shalldesignate the person or agency that made the investigation to attempt tolocate and advise the adopted person of the application. The designatedperson or agency shall report the results of the attempt to locate and advisethe adopted person 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 theadopted person 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 birth parents or adult birthsiblings, whoever applied, may apply to the circuit court for an order todisclose such information. Such order shall be entered only upon good causeshown after notice to and opportunity for hearing by the applicant for suchorder and the person or agency that made the investigation. "Good cause"when used in this section shall mean a showing of a compelling andnecessitous need for the identifying information.

A birth parent or adult birth sibling who is a resident of Virginia may applyfor the court order provided for herein to (i) the circuit court of thecounty or city where the birth parent or adult birth sibling resides or (ii)the circuit court of the county or city where the central office of theDepartment is located. A birth parent or adult birth sibling who is not aresident of Virginia shall apply for such a court order to the circuit courtof the county or city where the central office of the Department is located.

If the identity and whereabouts of the adopted person and adoptive parentsare known to the person or agency, the circuit court may require the personor agency to advise the adopted person and adoptive parents of the pendencyof 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 family. 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 adopted person is not obtainable, due to the death ormental incapacity of the adopted person, the circuit court may releaseidentifying information to the birth parents or adult birth siblings. Inmaking this decision, the circuit court shall consider the needs and concernsof the birth parents or adult birth siblings and the adoptive family if suchinformation is available, the actions the agency took to locate the adoptedperson, the information in the agency's report and the recommendation of theagency.

B. Where the adoption is finalized on or after July 1, 1994, and the adoptedperson is under eighteen years of age, the adoptive parents or other legalcustodian of the child may apply to the Commissioner for the disclosure ofidentifying information about the birth family. The Commissioner 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 or other legal custodian, and the birth family. The adoptiveparents, legal custodian and birth family may submit to the Commissioner, andthe Commissioner shall consider, written comments stating the anticipatedeffect that the disclosure of identifying information may have upon anyparty. Upon a showing of good cause, the Commissioner shall disclose theidentifying information. If the Commissioner fails to designate a person oragency to attempt to locate the birth family within thirty days of receipt ofthe application, or if the Commissioner denies disclosure of the identifyinginformation after receiving the designated person's or agency's report, theadoptive parents or legal custodian, whoever applied, may apply to thecircuit court for an order to disclose such information. Such order shall beentered 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 adoptive parent or legal custodian who is a resident of Virginia may applyfor the court order provided for herein to (i) the circuit court of thecounty 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 theDepartment is located. An adoptive parent or legal custodian who is not aresident of Virginia shall apply for such a court order to the circuit courtof the county or city where the central office of the Department is located.

If the identity and whereabouts of the birth parents are known to the personor agency, the circuit court may require the person or agency to advise thebirth parents of the pendency of the application for such order. Indetermining good cause for the disclosure of such information, the circuitcourt shall consider the relative effects of such action upon the adoptedperson, the adoptive parents or legal custodian and the birth parents. Thebirth family may submit to the circuit court, and the circuit court shallconsider, written comments stating the anticipated effect that the disclosureof identifying information may have upon any party.

When consent of the birth family 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 adoptive parents or legalcustodian. In making this decision, the circuit court shall consider theneeds and concerns of the adoptive parents or legal custodian and the birthfamily if such information is available, the actions the agency took tolocate the birth family, the information in the agency's report and therecommendation of the agency.

C. In any case where a physician or licensed mental health provider submits awritten statement, in response to a request from the adult adoptee, adoptiveparent, birth parent or adult birth siblings, indicating that it is criticalthat medical, psychological or genetic information be conveyed, and statesclearly the reasons why this is necessary, the agency that made theinvestigation shall make an attempt to inform the adult adoptee, adoptiveparents, birth parents or adult birth siblings, whichever is applicable, ofthe information. The Commissioner shall provide information from the adoptionrecord 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 birthparents agree in writing to allow the agency involved in the adoption toexchange nonidentifying information and pictures, the agency may exchangethis information with such adoptive parents and birth parents when thewhereabouts of the adoptive parents and birth parents is known or readilyaccessible. Such agreement may be entered into or withdrawn by either partyat any time or may be withdrawn by the adult adoptee.

E. In parental placement adoptions, where the consent to the adoption wasexecuted on or after July 1, 1994, the entire adoption record shall be opento the adoptive parents, the adoptee who is eighteen years of age or older,and a birth parent who executed a written consent to the adoption.

(1994, cc. 856, 942, 63.1-236.01 1995, cc. 772, 826; 2000, c. 830, 63.1-219.54; 2002, c. 747.)