{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1208.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1208.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1208.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1208.html"}],"law_id":58081,"edition_id":1,"section_id":58081,"structure_id":14142,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","history":"Code 1950, \u00a7\u00a7 63-348.1, 63-349, 63-356.1; 1950, pp. 441, 626; 1954, c. 489; 1956, cc. 187, 300, 489; 1962, c. 603; 1964, cc. 139, 429; 1968, cc. 346, 578, \u00a7\u00a7 63.1-222, 63.1-223, 63.1-231; 1972, c. 823; 1974, cc. 26, 337, 421, 493, 507; 1975, c. 364; 1977, c. 526; 1978, c. 730; 1979 c. 339; 1980, c. 740; 1982, c. 115; 1985, cc. 298, 300; 1986, cc. 481, 482; 1987, c. 482; 1988, cc. 53, 579, 599, 882; 1989, c. 647; 1992, c. 607; 1993, c. 553; 1995, cc. 772, 826; 2000, c. 830, \u00a7\u00a7 63.1-219.35, 63.1-219.45, 63.1-219.49, 63.1-219.51; 2002, c. 747; 2003, c. 502; 2006, cc. 825, 848; 2007, c. 446; 2018, c. 694; 2022, c. 377.","full_text":"A\n\nUpon consideration of the petition, the circuit court shall, upon being satisfied as to proper jurisdiction and venue, immediately enter either an interlocutory order referring the case to a child-placing agency to conduct a visitation and prepare a report of visitation or an order of reference referring the case to a child-placing agency to conduct an investigation and prepare a report of investigation, unless no investigation is required pursuant to this chapter. In agency adoption cases for which an interlocutory order is entered, the petition shall contain the provisional consent of the child-placing agency. The court shall enter the interlocutory order or order of reference concurrently with the entering of an order of publication, if such is necessary. Upon entry of the interlocutory order or order of reference, the clerk shall forward a copy of the interlocutory order or order of reference, the petition, and all exhibits thereto to the Commissioner and the child-placing agency retained to provide investigative, reporting, and supervisory services. If no Virginia agency was retained to provide such services, the interlocutory order or order of reference, petition, and all exhibits shall be forwarded to the local director of social services of the locality where the petitioners reside or resided at the time of filing the petition or had legal residence at the time the petition was filed.B\n\nUpon receiving a petition and interlocutory order or order of reference from the circuit court, the applicable agency shall make a thorough investigation of the matter and report thereon in writing, in such form as the Commissioner may prescribe, to the circuit court. In cases in which an order of reference was received, the agency shall file a report of investigation with the circuit court within 60 days after the copy of the petition and all exhibits thereto are forwarded. In cases in which an interlocutory order was received, the agency shall file a report of visitation within 30 days after the completion of all placement visits required pursuant to § 63.2-1212. In agency adoption cases, as long as the agency continues to recommend the adoption, the agency shall file its final agency consent with the report. A copy of the applicable report to the circuit court shall be served on the Commissioner by delivering or mailing a copy to him on or before the day of filing such report with the circuit court. On the applicable report to the circuit court there shall be appended either acceptance of service or certificate of the local director, or the representative of the child-placing agency, that copies were served as this section requires, showing the date of delivery or mailing. The circuit court shall expeditiously consider the merits of the petition upon receipt of the applicable report and enter a final order of adoption.C\n\nIf the applicable report is not made to the circuit court within the periods specified, the circuit court may proceed to hear and determine the merits of the petition and enter such order or orders as the circuit court may deem appropriate.D\n\nThe visitation or investigation requested by the circuit court in an interlocutory order or order of reference shall include, in addition to other inquiries that the circuit court may require the child-placing agency or local director to make, inquiries as to (i) whether the petitioner is financially able, except as provided in Chapter 13 (§ 63.2-1300 et seq.), morally suitable, in satisfactory physical and mental health and a proper person to care for and to train the child; (ii) what the physical and mental condition of the child is; (iii) why the parents, if living, desire to be relieved of the responsibility for the custody, care, and maintenance of the child, and what their attitude is toward the proposed adoption; (iv) whether the parents have abandoned the child or are morally unfit to have custody over him; (v) the circumstances under which the child came to live, and is living, in the physical custody of the petitioner; (vi) whether the child is a suitable child for adoption by the petitioner; (vii) what fees have been paid by the petitioners or on their behalf to persons or agencies that have assisted them in obtaining the child; and (viii) whether the requirements of subsections E and F have been met. Any report made to the circuit court shall include a recommendation as to the action to be taken by the circuit court on the petition. A copy of any report made to the circuit court shall be furnished to counsel of record representing the adopting parent or parents. When the investigation reveals that there may have been a violation of § 63.2-1200 or § 63.2-1218, the local director or child-placing agency shall so inform the circuit court and the Commissioner.E\n\nThe applicable report shall include the relevant physical and mental history of the birth parents if known to the person making the report. The child-placing agency or local director shall document in the report all efforts they made to encourage birth parents to share information related to their physical and mental history. However, nothing in this subsection shall require that an investigation of the physical and mental history of the birth parents be made.F\n\nThe applicable report shall include a statement by the child-placing agency or local director that all reasonably ascertainable background, medical, and psychological records of the child, including whether the child has been the subject of an investigation as the perpetrator of sexual abuse, have been provided to the prospective adoptive parent(s). The report also shall include a list of such records provided.G\n\nThe court may enter a final order of adoption under the following circumstances:1\n\nIn cases in which an order of reference was entered and the report of investigation has been received, if (i) the child has been placed in the physical custody of the petitioner by a child-placing agency; (ii) the placing or supervising agency certifies to the circuit court that the child has lived in the physical custody of the petitioner continuously for a period of at least six months immediately preceding the filing of the petition and has been visited by a representative of such agency at least three times within a six-month period, provided that there are not less than 90 days between the first and last visit; and (iii) the court is of the opinion that entry of a final order of adoption would otherwise be proper.2\n\nIn cases in which an interlocutory order was entered and both the report of visitation and final agency consent have been received, if (i) the child has been placed in the physical custody of the petitioner by a child-placing agency; (ii) the placing or supervising agency certifies to the circuit court that the child has been visited by a representative of such agency at least three times within a six-month period, provided that there are not less than 90 days between the first and last visit; and (iii) the court is of the opinion that entry of a final order of adoption would otherwise be proper.\n\t\t\t\tIn cases in which the court entered either an interlocutory order or order of reference and the child was placed by a child-placing agency, the circuit court may, for good cause shown, omit the requirement that the three visits be made within a six-month period, provided that not less than three visits were made.H\n\nIf the specific provisions set out in §§ 63.2-1228, 63.2-1238, 63.2-1242 and 63.2-1244 do not apply, the petition and all exhibits shall be forwarded to the local director where the petitioners reside or to a licensed child-placing agency.","order_by":null,"text":{"0":{"id":212766,"text":"Upon consideration of the petition, the circuit court shall, upon being satisfied as to proper jurisdiction and venue, immediately enter either an interlocutory order referring the case to a child-placing agency to conduct a visitation and prepare a report of visitation or an order of reference referring the case to a child-placing agency to conduct an investigation and prepare a report of investigation, unless no investigation is required pursuant to this chapter. In agency adoption cases for which an interlocutory order is entered, the petition shall contain the provisional consent of the child-placing agency. The court shall enter the interlocutory order or order of reference concurrently with the entering of an order of publication, if such is necessary. Upon entry of the interlocutory order or order of reference, the clerk shall forward a copy of the interlocutory order or order of reference, the petition, and all exhibits thereto to the Commissioner and the child-placing agency retained to provide investigative, reporting, and supervisory services. If no Virginia agency was retained to provide such services, the interlocutory order or order of reference, petition, and all exhibits shall be forwarded to the local director of social services of the locality where the petitioners reside or resided at the time of filing the petition or had legal residence at the time the petition was filed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212767,"text":"Upon receiving a petition and interlocutory order or order of reference from the circuit court, the applicable agency shall make a thorough investigation of the matter and report thereon in writing, in such form as the Commissioner may prescribe, to the circuit court. In cases in which an order of reference was received, the agency shall file a report of investigation with the circuit court within 60 days after the copy of the petition and all exhibits thereto are forwarded. In cases in which an interlocutory order was received, the agency shall file a report of visitation within 30 days after the completion of all placement visits required pursuant to § 63.2-1212. In agency adoption cases, as long as the agency continues to recommend the adoption, the agency shall file its final agency consent with the report. A copy of the applicable report to the circuit court shall be served on the Commissioner by delivering or mailing a copy to him on or before the day of filing such report with the circuit court. On the applicable report to the circuit court there shall be appended either acceptance of service or certificate of the local director, or the representative of the child-placing agency, that copies were served as this section requires, showing the date of delivery or mailing. The circuit court shall expeditiously consider the merits of the petition upon receipt of the applicable report and enter a final order of adoption.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212768,"text":"If the applicable report is not made to the circuit court within the periods specified, the circuit court may proceed to hear and determine the merits of the petition and enter such order or orders as the circuit court may deem appropriate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":212769,"text":"The visitation or investigation requested by the circuit court in an interlocutory order or order of reference shall include, in addition to other inquiries that the circuit court may require the child-placing agency or local director to make, inquiries as to (i) whether the petitioner is financially able, except as provided in Chapter 13 (§ 63.2-1300 et seq.), morally suitable, in satisfactory physical and mental health and a proper person to care for and to train the child; (ii) what the physical and mental condition of the child is; (iii) why the parents, if living, desire to be relieved of the responsibility for the custody, care, and maintenance of the child, and what their attitude is toward the proposed adoption; (iv) whether the parents have abandoned the child or are morally unfit to have custody over him; (v) the circumstances under which the child came to live, and is living, in the physical custody of the petitioner; (vi) whether the child is a suitable child for adoption by the petitioner; (vii) what fees have been paid by the petitioners or on their behalf to persons or agencies that have assisted them in obtaining the child; and (viii) whether the requirements of subsections E and F have been met. Any report made to the circuit court shall include a recommendation as to the action to be taken by the circuit court on the petition. A copy of any report made to the circuit court shall be furnished to counsel of record representing the adopting parent or parents. When the investigation reveals that there may have been a violation of § 63.2-1200 or § 63.2-1218, the local director or child-placing agency shall so inform the circuit court and the Commissioner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":212770,"text":"The applicable report shall include the relevant physical and mental history of the birth parents if known to the person making the report. The child-placing agency or local director shall document in the report all efforts they made to encourage birth parents to share information related to their physical and mental history. However, nothing in this subsection shall require that an investigation of the physical and mental history of the birth parents be made.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":212771,"text":"The applicable report shall include a statement by the child-placing agency or local director that all reasonably ascertainable background, medical, and psychological records of the child, including whether the child has been the subject of an investigation as the perpetrator of sexual abuse, have been provided to the prospective adoptive parent(s). The report also shall include a list of such records provided.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":212772,"text":"The court may enter a final order of adoption under the following circumstances:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":212773,"text":"In cases in which an order of reference was entered and the report of investigation has been received, if (i) the child has been placed in the physical custody of the petitioner by a child-placing agency; (ii) the placing or supervising agency certifies to the circuit court that the child has lived in the physical custody of the petitioner continuously for a period of at least six months immediately preceding the filing of the petition and has been visited by a representative of such agency at least three times within a six-month period, provided that there are not less than 90 days between the first and last visit; and (iii) the court is of the opinion that entry of a final order of adoption would otherwise be proper.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":212774,"text":"In cases in which an interlocutory order was entered and both the report of visitation and final agency consent have been received, if (i) the child has been placed in the physical custody of the petitioner by a child-placing agency; (ii) the placing or supervising agency certifies to the circuit court that the child has been visited by a representative of such agency at least three times within a six-month period, provided that there are not less than 90 days between the first and last visit; and (iii) the court is of the opinion that entry of a final order of adoption would otherwise be proper.\n\t\t\t\tIn cases in which the court entered either an interlocutory order or order of reference and the child was placed by a child-placing agency, the circuit court may, for good cause shown, omit the requirement that the three visits be made within a six-month period, provided that not less than three visits were made.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"9":{"id":212775,"text":"If the specific provisions set out in §§ 63.2-1228, 63.2-1238, 63.2-1242 and 63.2-1244 do not apply, the petition and all exhibits shall be forwarded to the local director where the petitioners reside or to a licensed child-placing agency.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1208\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 27 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, chapters 187, 300, and 489; in 1962, chapter 603; in 1964, chapters 139 and 429; in 1968, chapters 346 and 578; in 1972, chapter 823; in 1974, chapters 26, 337, 421, 493, and 507; in 1975, chapter 364; in 1977, chapter 526; in 1978, chapter 730; in 1980, chapter 740; in 1982, chapter 115; in 1985, chapters 298 and 300; in 1986, chapters 481 and 482; in 1987, chapter 482; in 1988, chapters 53, 579, 599, and 882; in 1989, chapter 647; in 1992, chapter 607; in 1993, chapter 553; in 1995, chapters 772<\/a> and 826<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2003, chapter 502<\/a>; in 2006, chapters 825<\/a> and 848<\/a>; in 2007, chapter 446<\/a>; in 2018, chapter 694<\/a>; in 2022, chapter 377<\/a>.<\/p>","references":[{"id":62868,"section_number":"63.2-1210","catch_line":"Probationary period, interlocutory order and order of reference not required under certain circumstances","order_by":null,"url":"\/63.2-1210\/"},{"id":75367,"section_number":"63.2-1227","catch_line":"Filing of petition for agency adoption","order_by":null,"url":"\/63.2-1227\/"},{"id":73962,"section_number":"63.2-1228","catch_line":"Forwarding of petition","order_by":null,"url":"\/63.2-1228\/"},{"id":84546,"section_number":"63.2-1229","catch_line":"Foster parent adoption","order_by":null,"url":"\/63.2-1229\/"},{"id":75426,"section_number":"63.2-1232","catch_line":"Requirements of a parental placement adoption; exception","order_by":null,"url":"\/63.2-1232\/"},{"id":63654,"section_number":"63.2-1238","catch_line":"Forwarding of petition; when investigation and report not required","order_by":null,"url":"\/63.2-1238\/"},{"id":71186,"section_number":"63.2-1239","catch_line":"Return of copies furnished to counsel","order_by":null,"url":"\/63.2-1239\/"},{"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\/"},{"id":85724,"section_number":"63.2-1242","catch_line":"Investigation and report at discretion of circuit court","order_by":null,"url":"\/63.2-1242\/"},{"id":77117,"section_number":"63.2-1244","catch_line":"Investigation and report at discretion of circuit court; exception","order_by":null,"url":"\/63.2-1244\/"},{"id":65499,"section_number":"63.2-1248","catch_line":"Fees for home studies, investigations, visitations and reports","order_by":null,"url":"\/63.2-1248\/"}],"refers_to":[{"id":67454,"section_number":"63.2-1200","catch_line":"Who may place children for adoption","order_by":null,"url":"\/63.2-1200\/"},{"id":67535,"section_number":"63.2-1212","catch_line":"Visitations during probationary period and report","order_by":null,"url":"\/63.2-1212\/"},{"id":86942,"section_number":"63.2-1218","catch_line":"Certain exchange of property, advertisement, solicitation prohibited; penalty","order_by":null,"url":"\/63.2-1218\/"},{"id":73962,"section_number":"63.2-1228","catch_line":"Forwarding of petition","order_by":null,"url":"\/63.2-1228\/"},{"id":63654,"section_number":"63.2-1238","catch_line":"Forwarding of petition; when investigation and report not required","order_by":null,"url":"\/63.2-1238\/"},{"id":85724,"section_number":"63.2-1242","catch_line":"Investigation and report at discretion of circuit court","order_by":null,"url":"\/63.2-1242\/"},{"id":77117,"section_number":"63.2-1244","catch_line":"Investigation and report at discretion of circuit court; exception","order_by":null,"url":"\/63.2-1244\/"},{"id":77476,"section_number":"63.2-1300","catch_line":"Purpose and intent of adoption assistance; eligibility","order_by":null,"url":"\/63.2-1300\/"}],"permalink":{"id":271413,"object_type":"law","relational_id":58081,"identifier":"63.2-1208","token":"63.2\/III\/12\/1\/63.2-1208","url":"\/63.2-1208\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1208\/","token":"63.2\/III\/12\/1\/63.2-1208","dublin_core":{"Title":"Investigations; report to circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1208","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon consideration of the petition<\/span>, the circuit<\/span> court<\/span> shall, upon being satisfied as to proper jurisdiction<\/span> and venue<\/span>, immediately enter either an interlocutory order<\/span> referring the case to a child<\/span>-placing agency<\/span> to conduct a visitation and prepare a report of visitation or an order of reference referring the case to a child<\/span>-placing agency<\/span> to conduct an investigation and prepare a report of investigation, unless no investigation is required pursuant to this chapter. In agency adoption cases for which an interlocutory order<\/span> is entered, the petition<\/span> shall contain the provisional consent of the child<\/span>-placing agency<\/span>. The court<\/span> shall enter the interlocutory order<\/span> or order of reference concurrently with the entering of an order of publication, if such is necessary. Upon entry of the interlocutory order<\/span> or order of reference, the clerk shall forward a copy of the interlocutory order<\/span> or order of reference, the petition<\/span>, and all exhibits thereto to the Commissioner<\/span> and the child<\/span>-placing agency<\/span> retained to provide investigative, reporting, and supervisory services. If no Virginia agency was retained to provide such services, the interlocutory order<\/span> or order of reference, petition<\/span>, and all exhibits shall be forwarded to the local director<\/span> of social services<\/span> of the locality where the petitioners reside or resided at the time of filing the petition<\/span> or had legal residence at the time the petition<\/span> was filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receiving a petition<\/span> and interlocutory order<\/span> or order of reference from the circuit<\/span> court<\/span>, the applicable agency shall make a thorough investigation of the matter and report thereon in writing, in such form as the Commissioner<\/span> may prescribe, to the circuit<\/span> court<\/span>. In cases in which an order of reference was received, the agency shall file a report of investigation with the circuit<\/span> court<\/span> within 60 days after the copy of the petition<\/span> and all exhibits thereto are forwarded. In cases in which an interlocutory order<\/span> was received, the agency shall file a report of visitation within 30 days after the completion of all placement visits required pursuant to § 63.2-1212<\/a>. In agency adoption cases, as long as the agency continues to recommend the adoption, the agency shall file its final agency consent with the report. A copy of the applicable report to the circuit<\/span> court<\/span> shall be served on the Commissioner<\/span> by delivering or mailing a copy to him on or before the day of filing such report with the circuit<\/span> court<\/span>. On the applicable report to the circuit<\/span> court<\/span> there shall be appended either acceptance of service or certificate of the local director<\/span>, or the representative of the child<\/span>-placing agency<\/span>, that copies were served as this section requires, showing the date of delivery or mailing. The circuit<\/span> court<\/span> shall expeditiously consider the merits of the petition<\/span> upon receipt of the applicable report and enter a final order<\/span> of adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the applicable report is not made to the circuit<\/span> court<\/span> within the periods specified, the circuit<\/span> court<\/span> may proceed to hear and determine the merits of the petition<\/span> and enter such order or orders<\/span> as the circuit<\/span> court<\/span> may deem appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The visitation or investigation requested by the circuit<\/span> court<\/span> in an interlocutory order<\/span> or order of reference shall include, in addition to other inquiries that the circuit<\/span> court<\/span> may require the child<\/span>-placing agency<\/span> or local director<\/span> to make, inquiries as to (i) whether the petitioner is financially able, except as provided in Chapter 13 (§ 63.2-1300<\/a> et seq.), morally suitable, in satisfactory physical and mental health and a proper person to care for and to train the child<\/span>; (ii) what the physical and mental condition of the child<\/span> is; (iii) why the parents, if living, desire to be relieved of the responsibility for the custody<\/span>, care, and maintenance of the child<\/span>, and what their attitude is toward the proposed adoption; (iv) whether the parents have abandoned the child<\/span> or are morally unfit to have custody<\/span> over him; (v) the circumstances under which the child<\/span> came to live, and is living, in the physical custody<\/span> of the petitioner; (vi) whether the child<\/span> is a suitable child<\/span> for adoption by the petitioner; (vii) what fees have been paid by the petitioners or on their behalf to persons or agencies that have assisted them in obtaining the child<\/span>; and (viii) whether the requirements of subsections E and F have been met. Any report made to the circuit<\/span> court<\/span> shall include a recommendation as to the action to be taken by the circuit<\/span> court<\/span> on the petition<\/span>. A copy of any report made to the circuit<\/span> court<\/span> shall be furnished to counsel<\/span> of record representing the adopting parent or parents. When the investigation reveals that there may have been a violation of § 63.2-1200<\/a> or § 63.2-1218<\/a>, the local director<\/span> or child<\/span>-placing agency<\/span> shall so inform the circuit<\/span> court<\/span> and the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The applicable report shall include the relevant physical and mental history of the birth parents<\/span> if known to the person making the report. The child<\/span>-placing agency<\/span> or local director<\/span> shall document in the report all efforts they made to encourage birth parents<\/span> to share information related to their physical and mental history. However, nothing in this subsection shall require that an investigation of the physical and mental history of the birth parents<\/span> be made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The applicable report shall include a statement by the child<\/span>-placing agency<\/span> or local director<\/span> that all reasonably ascertainable background, medical, and psychological records of the child<\/span>, including whether the child<\/span> has been the subject of an investigation as the perpetrator of sexual abuse, have been provided to the prospective adoptive parent(s). The report also shall include a list of such records provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The court<\/span> may enter a final order<\/span> of adoption under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In cases in which an order of reference was entered and the report of investigation has been received, if (i) the child<\/span> has been placed in the physical custody<\/span> of the petitioner by a child<\/span>-placing agency<\/span>; (ii) the placing or supervising agency certifies to the circuit<\/span> court<\/span> that the child<\/span> has lived in the physical custody<\/span> of the petitioner continuously for a period of at least six months immediately preceding the filing of the petition<\/span> and has been visited by a representative of such agency at least three times within a six-month period, provided that there are not less than 90 days between the first and last visit; and (iii) the court<\/span> is of the opinion<\/span> that entry of a final order<\/span> of adoption would otherwise be proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In cases in which an interlocutory order<\/span> was entered and both the report of visitation and final agency consent have been received, if (i) the child<\/span> has been placed in the physical custody<\/span> of the petitioner by a child<\/span>-placing agency<\/span>; (ii) the placing or supervising agency certifies to the circuit<\/span> court<\/span> that the child<\/span> has been visited by a representative of such agency at least three times within a six-month period, provided that there are not less than 90 days between the first and last visit; and (iii) the court<\/span> is of the opinion<\/span> that entry of a final order<\/span> of adoption would otherwise be proper.\n\t\t\t\tIn cases in which the court<\/span> entered either an interlocutory order<\/span> or order of reference and the child<\/span> was placed by a child<\/span>-placing agency<\/span>, the circuit<\/span> court<\/span> may, for good cause shown, omit the requirement that the three visits be made within a six-month period, provided that not less than three visits were made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the specific provisions set out in §§ 63.2-1228<\/a>, 63.2-1238<\/a>, 63.2-1242<\/a> and 63.2-1244<\/a> do not apply, the petition<\/span> and all exhibits shall be forwarded to the local director<\/span> where the petitioners reside or to a licensed child<\/span>-placing agency<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVESTIGATIONS; REPORT TO CIRCUIT COURT (\u00a7 63.2-1208)\n\nA. Upon consideration of the petition, the circuit court shall, upon being\nsatisfied as to proper jurisdiction and venue, immediately enter either an\ninterlocutory order referring the case to a child-placing agency to conduct a\nvisitation and prepare a report of visitation or an order of reference referring\nthe case to a child-placing agency to conduct an investigation and prepare a\nreport of investigation, unless no investigation is required pursuant to this\nchapter. In agency adoption cases for which an interlocutory order is entered,\nthe petition shall contain the provisional consent of the child-placing agency.\nThe court shall enter the interlocutory order or order of reference concurrently\nwith the entering of an order of publication, if such is necessary. Upon entry\nof the interlocutory order or order of reference, the clerk shall forward a copy\nof the interlocutory order or order of reference, the petition, and all exhibits\nthereto to the Commissioner and the child-placing agency retained to provide\ninvestigative, reporting, and supervisory services. If no Virginia agency was\nretained to provide such services, the interlocutory order or order of\nreference, petition, and all exhibits shall be forwarded to the local director\nof social services of the locality where the petitioners reside or resided at\nthe time of filing the petition or had legal residence at the time the petition\nwas filed.\n\nB. Upon receiving a petition and interlocutory order or order of reference from\nthe circuit court, the applicable agency shall make a thorough investigation of\nthe matter and report thereon in writing, in such form as the Commissioner may\nprescribe, to the circuit court. In cases in which an order of reference was\nreceived, the agency shall file a report of investigation with the circuit court\nwithin 60 days after the copy of the petition and all exhibits thereto are\nforwarded. In cases in which an interlocutory order was received, the agency\nshall file a report of visitation within 30 days after the completion of all\nplacement visits required pursuant to § 63.2-1212. In agency adoption\ncases, as long as the agency continues to recommend the adoption, the agency\nshall file its final agency consent with the report. A copy of the applicable\nreport to the circuit court shall be served on the Commissioner by delivering or\nmailing a copy to him on or before the day of filing such report with the\ncircuit court. On the applicable report to the circuit court there shall be\nappended either acceptance of service or certificate of the local director, or\nthe representative of the child-placing agency, that copies were served as this\nsection requires, showing the date of delivery or mailing. The circuit court\nshall expeditiously consider the merits of the petition upon receipt of the\napplicable report and enter a final order of adoption.\n\nC. If the applicable report is not made to the circuit court within the periods\nspecified, the circuit court may proceed to hear and determine the merits of the\npetition and enter such order or orders as the circuit court may deem\nappropriate.\n\nD. The visitation or investigation requested by the circuit court in an\ninterlocutory order or order of reference shall include, in addition to other\ninquiries that the circuit court may require the child-placing agency or local\ndirector to make, inquiries as to (i) whether the petitioner is financially\nable, except as provided in Chapter 13 (§ 63.2-1300 et seq.), morally\nsuitable, in satisfactory physical and mental health and a proper person to care\nfor and to train the child; (ii) what the physical and mental condition of the\nchild is; (iii) why the parents, if living, desire to be relieved of the\nresponsibility for the custody, care, and maintenance of the child, and what\ntheir attitude is toward the proposed adoption; (iv) whether the parents have\nabandoned the child or are morally unfit to have custody over him; (v) the\ncircumstances under which the child came to live, and is living, in the physical\ncustody of the petitioner; (vi) whether the child is a suitable child for\nadoption by the petitioner; (vii) what fees have been paid by the petitioners or\non their behalf to persons or agencies that have assisted them in obtaining the\nchild; and (viii) whether the requirements of subsections E and F have been met.\nAny report made to the circuit court shall include a recommendation as to the\naction to be taken by the circuit court on the petition. A copy of any report\nmade to the circuit court shall be furnished to counsel of record representing\nthe adopting parent or parents. When the investigation reveals that there may\nhave been a violation of § 63.2-1200 or § 63.2-1218, the local\ndirector or child-placing agency shall so inform the circuit court and the\nCommissioner.\n\nE. The applicable report shall include the relevant physical and mental history\nof the birth parents if known to the person making the report. The child-placing\nagency or local director shall document in the report all efforts they made to\nencourage birth parents to share information related to their physical and\nmental history. However, nothing in this subsection shall require that an\ninvestigation of the physical and mental history of the birth parents be made.\n\nF. The applicable report shall include a statement by the child-placing agency\nor local director that all reasonably ascertainable background, medical, and\npsychological records of the child, including whether the child has been the\nsubject of an investigation as the perpetrator of sexual abuse, have been\nprovided to the prospective adoptive parent(s). The report also shall include a\nlist of such records provided.\n\nG. The court may enter a final order of adoption under the following\ncircumstances:\n\n 1. In cases in which an order of reference was entered and the report of\n investigation has been received, if (i) the child has been placed in the\n physical custody of the petitioner by a child-placing agency; (ii) the placing\n or supervising agency certifies to the circuit court that the child has lived\n in the physical custody of the petitioner continuously for a period of at\n least six months immediately preceding the filing of the petition and has been\n visited by a representative of such agency at least three times within a\n six-month period, provided that there are not less than 90 days between the\n first and last visit; and (iii) the court is of the opinion that entry of a\n final order of adoption would otherwise be proper.\n\n 2. In cases in which an interlocutory order was entered and both the report of\n visitation and final agency consent have been received, if (i) the child has\n been placed in the physical custody of the petitioner by a child-placing\n agency; (ii) the placing or supervising agency certifies to the circuit court\n that the child has been visited by a representative of such agency at least\n three times within a six-month period, provided that there are not less than\n 90 days between the first and last visit; and (iii) the court is of the\n opinion that entry of a final order of adoption would otherwise be proper.\n \t\t\t\tIn cases in which the court entered either an interlocutory order or order\n of reference and the child was placed by a child-placing agency, the circuit\n court may, for good cause shown, omit the requirement that the three visits be\n made within a six-month period, provided that not less than three visits were\n made.\n\nH. If the specific provisions set out in §§ 63.2-1228, 63.2-1238,\n63.2-1242 and 63.2-1244 do not apply, the petition and all exhibits shall be\nforwarded to the local director where the petitioners reside or to a licensed\nchild-placing agency.\n\nHISTORY: Code 1950, \u00a7\u00a7 63-348.1, 63-349, 63-356.1; 1950, pp. 441, 626; 1954,\nc. 489; 1956, cc. 187, 300, 489; 1962, c. 603; 1964, cc. 139, 429; 1968, cc.\n346, 578, \u00a7\u00a7 63.1-222, 63.1-223, 63.1-231; 1972, c. 823; 1974, cc. 26, 337,\n421, 493, 507; 1975, c. 364; 1977, c. 526; 1978, c. 730; 1979 c. 339; 1980, c.\n740; 1982, c. 115; 1985, cc. 298, 300; 1986, cc. 481, 482; 1987, c. 482; 1988,\ncc. 53, 579, 599, 882; 1989, c. 647; 1992, c. 607; 1993, c. 553; 1995, cc. 772,\n826; 2000, c. 830, \u00a7\u00a7 63.1-219.35, 63.1-219.45, 63.1-219.49, 63.1-219.51;\n2002, c. 747; 2003, c. 502; 2006, cc. 825, 848; 2007, c. 446; 2018, c. 694;\n2022, c. 377.","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}}