{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1205.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1205.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1205.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1205.html"}],"law_id":75979,"edition_id":1,"section_id":75979,"structure_id":14142,"section_number":"63.2-1205","catch_line":"Best interests of the child; standards for determining","history":"1995, cc. 772, 826, \u00a7 63.1-225.1; 2000, c. 830, \u00a7 63.1-219.13; 2002, c. 747; 2003, c. 467; 2006, cc. 825, 848.","full_text":"In determining whether the valid consent of any person whose consent is required is withheld contrary to the best interests of the child, or is unobtainable, the circuit court or juvenile and domestic relations district court, as the case may be, shall consider whether granting the petition pending before it would be in the best interest of the child. The circuit court or juvenile and domestic relations district court, as the case may be, shall consider all relevant factors, including the birth parent(s)’ efforts to obtain or maintain legal and physical custody of the child; whether the birth parent(s) are currently willing and able to assume full custody of the child; whether the birth parent(s)’ efforts to assert parental rights were thwarted by other people; the birth parent(s)’ ability to care for the child; the age of the child; the quality of any previous relationship between the birth parent(s) and the child and between the birth parent(s) and any other minor children; the duration and suitability of the child’s present custodial environment; and the effect of a change of physical custody on the child.","order_by":null,"text":{"0":{"id":272762,"text":"In determining whether the valid consent of any person whose consent is required is withheld contrary to the best interests of the child, or is unobtainable, the circuit court or juvenile and domestic relations district court, as the case may be, shall consider whether granting the petition pending before it would be in the best interest of the child. The circuit court or juvenile and domestic relations district court, as the case may be, shall consider all relevant factors, including the birth parent(s)’ efforts to obtain or maintain legal and physical custody of the child; whether the birth parent(s) are currently willing and able to assume full custody of the child; whether the birth parent(s)’ efforts to assert parental rights were thwarted by other people; the birth parent(s)’ ability to care for the child; the age of the child; the quality of any previous relationship between the birth parent(s) and the child and between the birth parent(s) and any other minor children; the duration and suitability of the child’s present custodial environment; and the effect of a change of physical custody on the child.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1205\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 772<\/a> and 826<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 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 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2003, chapter 467<\/a>; in 2006, chapters 825<\/a> and 848<\/a>.<\/p>","references":[{"id":70065,"section_number":"63.2-1203","catch_line":"When consent is withheld or unobtainable","order_by":null,"url":"\/63.2-1203\/"},{"id":63319,"section_number":"63.2-1206","catch_line":"No parental presumption after revocation period expires","order_by":null,"url":"\/63.2-1206\/"},{"id":84546,"section_number":"63.2-1229","catch_line":"Foster parent adoption","order_by":null,"url":"\/63.2-1229\/"},{"id":69788,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","order_by":null,"url":"\/63.2-1233\/"},{"id":62936,"section_number":"63.2-1241","catch_line":"Adoption of child by spouse of birth or adoptive parent or other person with legitimate interest","order_by":null,"url":"\/63.2-1241\/"}],"refers_to":false,"permalink":{"id":271397,"object_type":"law","relational_id":75979,"identifier":"63.2-1205","token":"63.2\/III\/12\/1\/63.2-1205","url":"\/63.2-1205\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1205\/","token":"63.2\/III\/12\/1\/63.2-1205","dublin_core":{"Title":"Best interests of the child; standards for determining","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1205","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In determining whether the valid consent of any person whose consent is required is withheld contrary to the best interests of the child<\/span>, or is unobtainable, the circuit<\/span> court<\/span> or juvenile and domestic relations district court<\/span>, as the case may be, shall consider whether granting the petition<\/span> pending before it would be in the best interest of the child<\/span>. The circuit<\/span> court<\/span> or juvenile and domestic relations district court<\/span>, as the case may be, shall consider all relevant factors, including the birth parent<\/span>(s)’ efforts to obtain or maintain legal and physical custody<\/span> of the child<\/span>; whether the birth parent<\/span>(s) are currently willing and able to assume full custody<\/span> of the child<\/span>; whether the birth parent<\/span>(s)’ efforts to assert parental rights were thwarted by other people; the birth parent<\/span>(s)’ ability to care for the child<\/span>; the age of the child<\/span>; the quality of any previous relationship between the birth parent<\/span>(s) and the child<\/span> and between the birth parent<\/span>(s) and any other minor<\/span> children; the duration and suitability of the child<\/span>’s present custodial environment; and the effect of a change of physical custody<\/span> on the child<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBEST INTERESTS OF THE CHILD; STANDARDS FOR DETERMINING (\u00a7 63.2-1205)\n\nIn determining whether the valid consent of any person whose consent is required\nis withheld contrary to the best interests of the child, or is unobtainable, the\ncircuit court or juvenile and domestic relations district court, as the case may\nbe, shall consider whether granting the petition pending before it would be in\nthe best interest of the child. The circuit court or juvenile and domestic\nrelations district court, as the case may be, shall consider all relevant\nfactors, including the birth parent(s)’ efforts to obtain or maintain\nlegal and physical custody of the child; whether the birth parent(s) are\ncurrently willing and able to assume full custody of the child; whether the\nbirth parent(s)’ efforts to assert parental rights were thwarted by other\npeople; the birth parent(s)’ ability to care for the child; the age of the\nchild; the quality of any previous relationship between the birth parent(s) and\nthe child and between the birth parent(s) and any other minor children; the\nduration and suitability of the child’s present custodial environment; and\nthe effect of a change of physical custody on the child.\n\nHISTORY: 1995, cc. 772, 826, \u00a7 63.1-225.1; 2000, c. 830, \u00a7 63.1-219.13; 2002,\nc. 747; 2003, c. 467; 2006, cc. 825, 848.","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}}