{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1203.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1203.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1203.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1203.html"}],"law_id":70065,"edition_id":1,"section_id":70065,"structure_id":14142,"section_number":"63.2-1203","catch_line":"When consent is withheld or unobtainable","history":"Code 1950, \u00a7 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603; 1968, c. 578, \u00a7 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc. 730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.11; 2002, c. 747; 2009, c. 805; 2012, c. 425.","full_text":"A\n\nIf, after consideration of the evidence, the circuit court finds that the valid consent of any person or agency whose consent is required is withheld contrary to the best interests of the child as set forth in \u00a7 63.2-1205, or is unobtainable, the circuit court may grant the petition without such consent:1\n\nFifteen days after personal service of notice of petition on the party or parties whose consent is required by this section;2\n\nIf personal service is unobtainable, 10 days after the completion of the execution of an order of publication against the party or parties whose consent is required by this section concerning the petition;3\n\nIf a birth parent is deceased, upon the filing of a death certificate for a deceased birth parent with the court; or4\n\nIf the judge certifies on the record that the identity of any person whose consent is hereinabove required is not reasonably ascertainable.\n\t\t\t\tAn affidavit of the birth mother that the identity of the birth father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the circuit court that would refute such an affidavit. The absence of such an affidavit shall not be deemed evidence that the identity of the birth father is reasonably ascertainable. For purposes of determining whether the identity of the birth father is reasonably ascertainable, the standard of what is reasonable under the circumstances shall control, taking into account the relative interests of the child, the birth mother and the birth father.B\n\nIf the child is not in the custody of a child-placing agency and both parents are deceased, the circuit court, after hearing evidence to that effect, may grant the petition without the filing of any consent.C\n\nIn an adoption proceeding where the consent of a birth parent is required, but the petition for adoption alleges that the birth parent is withholding consent to the adoption, the court shall provide written notice to the birth parent of his right to be represented by counsel prior to any hearing or decision on the petition. Upon request, the court shall appoint counsel for any such birth parent if such parent has been determined to be indigent by the court pursuant to § 19.2-159.","order_by":null,"text":{"0":{"id":253069,"text":"If, after consideration of the evidence, the circuit court finds that the valid consent of any person or agency whose consent is required is withheld contrary to the best interests of the child as set forth in \u00a7 63.2-1205, or is unobtainable, the circuit court may grant the petition without such consent:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":253070,"text":"Fifteen days after personal service of notice of petition on the party or parties whose consent is required by this section;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":253071,"text":"If personal service is unobtainable, 10 days after the completion of the execution of an order of publication against the party or parties whose consent is required by this section concerning the petition;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":253072,"text":"If a birth parent is deceased, upon the filing of a death certificate for a deceased birth parent with the court; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":253073,"text":"If the judge certifies on the record that the identity of any person whose consent is hereinabove required is not reasonably ascertainable.\n\t\t\t\tAn affidavit of the birth mother that the identity of the birth father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the circuit court that would refute such an affidavit. The absence of such an affidavit shall not be deemed evidence that the identity of the birth father is reasonably ascertainable. For purposes of determining whether the identity of the birth father is reasonably ascertainable, the standard of what is reasonable under the circumstances shall control, taking into account the relative interests of the child, the birth mother and the birth father.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":253074,"text":"If the child is not in the custody of a child-placing agency and both parents are deceased, the circuit court, after hearing evidence to that effect, may grant the petition without the filing of any consent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":253075,"text":"In an adoption proceeding where the consent of a birth parent is required, but the petition for adoption alleges that the birth parent is withholding consent to the adoption, the court shall provide written notice to the birth parent of his right to be represented by counsel prior to any hearing or decision on the petition. Upon request, the court shall appoint counsel for any such birth parent if such parent has been determined to be indigent by the court pursuant to § 19.2-159.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14142,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14096,"metadata":{},"date_created":"2026-06-26 03:47:01","date_modified":"2026-06-26 03:47:01","permalink":{"id":271367,"object_type":"structure","relational_id":14142,"identifier":"1","token":"63.2\/III\/12\/1","url":"\/63.2\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14096,"edition_id":1,"name":"Adoption","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:52","date_modified":"2026-06-26 03:46:52","permalink":{"id":271365,"object_type":"structure","relational_id":14096,"identifier":"12","token":"63.2\/III\/12","url":"\/63.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67454,"structure_id":14142,"section_number":"63.2-1200","catch_line":"Who may place children for adoption","url":"\/63.2-1200\/","token":"63.2\/III\/12\/1\/63.2-1200","metadata":false},{"id":79180,"structure_id":14142,"section_number":"63.2-1200.1","catch_line":"Recognition of foreign adoption; issuance of birth certificates","url":"\/63.2-1200.1\/","token":"63.2\/III\/12\/1\/63.2-1200.1","metadata":false},{"id":70662,"structure_id":14142,"section_number":"63.2-1201","catch_line":"Filing of petition for adoption; venue; jurisdiction; and proceedings","url":"\/63.2-1201\/","token":"63.2\/III\/12\/1\/63.2-1201","metadata":false},{"id":76763,"structure_id":14142,"section_number":"63.2-1201.1","catch_line":"Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons","url":"\/63.2-1201.1\/","token":"63.2\/III\/12\/1\/63.2-1201.1","metadata":false},{"id":57240,"structure_id":14142,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","url":"\/63.2-1202\/","token":"63.2\/III\/12\/1\/63.2-1202","metadata":false},{"id":70065,"structure_id":14142,"section_number":"63.2-1203","catch_line":"When consent is withheld or unobtainable","url":"\/63.2-1203\/","token":"63.2\/III\/12\/1\/63.2-1203","metadata":false},{"id":70767,"structure_id":14142,"section_number":"63.2-1204","catch_line":"When consent is revocable; fraud or duress; mutual consent","url":"\/63.2-1204\/","token":"63.2\/III\/12\/1\/63.2-1204","metadata":false},{"id":75979,"structure_id":14142,"section_number":"63.2-1205","catch_line":"Best interests of the child; standards for determining","url":"\/63.2-1205\/","token":"63.2\/III\/12\/1\/63.2-1205","metadata":false},{"id":84468,"structure_id":14142,"section_number":"63.2-1205.1","catch_line":"Certain offenders prohibited from adopting a child","url":"\/63.2-1205.1\/","token":"63.2\/III\/12\/1\/63.2-1205.1","metadata":false},{"id":63319,"structure_id":14142,"section_number":"63.2-1206","catch_line":"No parental presumption after revocation period expires","url":"\/63.2-1206\/","token":"63.2\/III\/12\/1\/63.2-1206","metadata":false},{"id":84982,"structure_id":14142,"section_number":"63.2-1207","catch_line":"Removal of child from adoptive home","url":"\/63.2-1207\/","token":"63.2\/III\/12\/1\/63.2-1207","metadata":false},{"id":58081,"structure_id":14142,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","url":"\/63.2-1208\/","token":"63.2\/III\/12\/1\/63.2-1208","metadata":false},{"id":77214,"structure_id":14142,"section_number":"63.2-1209","catch_line":"Entry of interlocutory order","url":"\/63.2-1209\/","token":"63.2\/III\/12\/1\/63.2-1209","metadata":false},{"id":62868,"structure_id":14142,"section_number":"63.2-1210","catch_line":"Probationary period, interlocutory order and order of reference not required under certain circumstances","url":"\/63.2-1210\/","token":"63.2\/III\/12\/1\/63.2-1210","metadata":false},{"id":71943,"structure_id":14142,"section_number":"63.2-1211","catch_line":"Revocation of interlocutory order","url":"\/63.2-1211\/","token":"63.2\/III\/12\/1\/63.2-1211","metadata":false},{"id":67535,"structure_id":14142,"section_number":"63.2-1212","catch_line":"Visitations during probationary period and report","url":"\/63.2-1212\/","token":"63.2\/III\/12\/1\/63.2-1212","metadata":false},{"id":67676,"structure_id":14142,"section_number":"63.2-1213","catch_line":"Final order of adoption","url":"\/63.2-1213\/","token":"63.2\/III\/12\/1\/63.2-1213","metadata":false},{"id":60911,"structure_id":14142,"section_number":"63.2-1214","catch_line":"Annual review of pending petitions for adoption; duty of Commissioner and circuit court clerk","url":"\/63.2-1214\/","token":"63.2\/III\/12\/1\/63.2-1214","metadata":false},{"id":86424,"structure_id":14142,"section_number":"63.2-1215","catch_line":"Legal effects of adoption","url":"\/63.2-1215\/","token":"63.2\/III\/12\/1\/63.2-1215","metadata":false},{"id":82487,"structure_id":14142,"section_number":"63.2-1216","catch_line":"Final order not subject to attack after six months","url":"\/63.2-1216\/","token":"63.2\/III\/12\/1\/63.2-1216","metadata":false},{"id":55297,"structure_id":14142,"section_number":"63.2-1217","catch_line":"Provision of false information; penalty","url":"\/63.2-1217\/","token":"63.2\/III\/12\/1\/63.2-1217","metadata":false},{"id":86942,"structure_id":14142,"section_number":"63.2-1218","catch_line":"Certain exchange of property, advertisement, solicitation prohibited; penalty","url":"\/63.2-1218\/","token":"63.2\/III\/12\/1\/63.2-1218","metadata":false},{"id":66924,"structure_id":14142,"section_number":"63.2-1219","catch_line":"Suspected violation of property exchange information","url":"\/63.2-1219\/","token":"63.2\/III\/12\/1\/63.2-1219","metadata":false},{"id":57977,"structure_id":14142,"section_number":"63.2-1220","catch_line":"Issuance of birth certificates for children adopted in the Commonwealth","url":"\/63.2-1220\/","token":"63.2\/III\/12\/1\/63.2-1220","metadata":false},{"id":61151,"structure_id":14142,"section_number":"63.2-1220.01","catch_line":"Foreign adoptions; establishment of date of birth","url":"\/63.2-1220.01\/","token":"63.2\/III\/12\/1\/63.2-1220.01","metadata":false},{"id":62740,"structure_id":14142,"section_number":"63.2-1220.1","catch_line":"Establishment of minimum training requirements","url":"\/63.2-1220.1\/","token":"63.2\/III\/12\/1\/63.2-1220.1","metadata":false}],"previous_section":{"id":57240,"structure_id":14142,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","url":"\/63.2-1202\/","token":"63.2\/III\/12\/1\/63.2-1202","metadata":false},"next_section":{"id":70767,"structure_id":14142,"section_number":"63.2-1204","catch_line":"When consent is revocable; fraud or duress; mutual consent","url":"\/63.2-1204\/","token":"63.2\/III\/12\/1\/63.2-1204","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1203\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 489; in 1956, chapter 300; in 1960, chapter 331; in 1962, chapter 603; in 1968, chapter 578; in 1972, chapters 73, 475, and 823; in 1974, chapter 620; in 1978, chapters 730, 735, and 744; in 1985, chapter 18; in 1986, chapter 387; in 1989, chapter 647; in 1993, chapter 553; in 1995, chapters 772<\/a> and 826<\/a>; in 1999, chapter 1028<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2009, chapter 805<\/a>; in 2012, chapter 425<\/a>.<\/p>","references":false,"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":75979,"section_number":"63.2-1205","catch_line":"Best interests of the child; standards for determining","order_by":null,"url":"\/63.2-1205\/"}],"permalink":{"id":271389,"object_type":"law","relational_id":70065,"identifier":"63.2-1203","token":"63.2\/III\/12\/1\/63.2-1203","url":"\/63.2-1203\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1203\/","token":"63.2\/III\/12\/1\/63.2-1203","dublin_core":{"Title":"When consent is withheld or unobtainable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1203","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, after consideration of the evidence<\/span>, the circuit<\/span> court<\/span> finds that the valid consent of any person or agency whose consent is required is withheld contrary to the best interests of the child<\/span> as set forth in \u00a7 63.2-1205<\/a>, or is unobtainable, the circuit<\/span> court<\/span> may grant the petition<\/span> without such consent: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Fifteen days after personal service of notice of petition<\/span> on the party<\/span> or parties whose consent is required by this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If personal service is unobtainable, 10 days after the completion of the execution of an order<\/span> of publication against the party<\/span> or parties whose consent is required by this section concerning the petition<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a birth parent<\/span> is deceased, upon the filing of a death certificate for a deceased birth parent<\/span> with the court<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the judge<\/span> certifies on the record that the identity of any person whose consent is hereinabove required is not reasonably ascertainable.\n\t\t\t\tAn affidavit<\/span> of the birth mother that the identity of the birth father is not reasonably ascertainable shall be sufficient evidence<\/span> of this fact<\/span>, provided there is no other evidence<\/span> before the circuit<\/span> court<\/span> that would refute such an affidavit<\/span>. The absence of such an affidavit<\/span> shall not be deemed evidence<\/span> that the identity of the birth father is reasonably ascertainable. For purposes of determining whether the identity of the birth father is reasonably ascertainable, the standard of what is reasonable under the circumstances shall control, taking into account the relative interests of the child<\/span>, the birth mother and the birth father. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the child<\/span> is not in the custody<\/span> of a child<\/span>-placing agency<\/span> and both parents are deceased, the circuit<\/span> court<\/span>, after hearing<\/span> evidence<\/span> to that effect, may grant the petition<\/span> without the filing of any consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In an adoption proceeding where the consent of a birth parent<\/span> is required, but the petition<\/span> for adoption alleges that the birth parent<\/span> is withholding consent to the adoption, the court<\/span> shall provide written notice to the birth parent<\/span> of his right to be represented by counsel<\/span> prior to any hearing<\/span> or decision on the petition<\/span>. Upon request, the court<\/span> shall appoint counsel<\/span> for any such birth parent<\/span> if such parent has been determined to be indigent<\/span> by the court<\/span> pursuant to § 19.2-159<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN CONSENT IS WITHHELD OR UNOBTAINABLE (\u00a7 63.2-1203)\n\nA. If, after consideration of the evidence, the circuit court finds that the\nvalid consent of any person or agency whose consent is required is withheld\ncontrary to the best interests of the child as set forth in \u00a7 63.2-1205, or is\nunobtainable, the circuit court may grant the petition without such consent:\n\n 1. Fifteen days after personal service of notice of petition on the party or\n parties whose consent is required by this section;\n\n 2. If personal service is unobtainable, 10 days after the completion of the\n execution of an order of publication against the party or parties whose\n consent is required by this section concerning the petition;\n\n 3. If a birth parent is deceased, upon the filing of a death certificate for a\n deceased birth parent with the court; or\n\n 4. If the judge certifies on the record that the identity of any person whose\n consent is hereinabove required is not reasonably ascertainable.\n \t\t\t\tAn affidavit of the birth mother that the identity of the birth father is\n not reasonably ascertainable shall be sufficient evidence of this fact,\n provided there is no other evidence before the circuit court that would refute\n such an affidavit. The absence of such an affidavit shall not be deemed\n evidence that the identity of the birth father is reasonably ascertainable.\n For purposes of determining whether the identity of the birth father is\n reasonably ascertainable, the standard of what is reasonable under the\n circumstances shall control, taking into account the relative interests of the\n child, the birth mother and the birth father.\n\nB. If the child is not in the custody of a child-placing agency and both parents\nare deceased, the circuit court, after hearing evidence to that effect, may\ngrant the petition without the filing of any consent.\n\nC. In an adoption proceeding where the consent of a birth parent is required,\nbut the petition for adoption alleges that the birth parent is withholding\nconsent to the adoption, the court shall provide written notice to the birth\nparent of his right to be represented by counsel prior to any hearing or\ndecision on the petition. Upon request, the court shall appoint counsel for any\nsuch birth parent if such parent has been determined to be indigent by the court\npursuant to § 19.2-159.\n\nHISTORY: Code 1950, \u00a7 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962,\nc. 603; 1968, c. 578, \u00a7 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978,\ncc. 730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995,\ncc. 772, 826; 1999, c. 1028; 2000, c. 830, \u00a7 63.1-219.11; 2002, c. 747; 2009,\nc. 805; 2012, c. 425.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}