{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1210.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1210.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1210.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1210.html"}],"law_id":62868,"edition_id":1,"section_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","history":"Code 1950, \u00a7 63-355; 1952, c. 71; 1954, c. 489; 1962, c. 603; 1964, c. 429; 1968, c. 578, \u00a7 63.1-229; 1975, c. 364; 1978, c. 750; 1980, c. 268; 1983, c. 334; 1986, c. 470; 1992, c. 607; 1993, c. 553; 1995, cc. 772, 826; 2000, c. 830, \u00a7 63.1-219.17; 2002, c. 747; 2006, cc. 825, 848; 2011, c. 486; 2022, c. 377.","full_text":"The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption under the following circumstances:\n\n1\n\nIf the child is legally the child by birth or adoption of one of the petitioners and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper. In such cases, the court may also omit the order of reference if the petitioners meet the requirements set forth in § 63.2-1241.2\n\nIf one of the petitioners is a stepparent of the child and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper. The court may omit the order of reference if the petitioners meet the requirements of § 63.2-1241.3\n\nAfter receipt of the report of investigation, if the child has been in physical custody of the petitioner continuously for at least three years immediately prior to the filing of the petition for adoption, and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper.4\n\nAfter receipt of the report of investigation, if the child has been legally adopted according to the laws of a foreign country with which the United States has diplomatic relations and if the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper, and the child (i) has been in the physical custody of the petitioners for at least one year immediately prior to the filing of the petition and a representative of a child-placing agency has visited the petitioner and child at least once in the six months immediately preceding the filing of the petition or during its investigation pursuant to § 63.2-1208 or (ii) has been in the physical custody of the petitioners for at least six months immediately prior to the filing of the petition, has been visited by a representative of a child-placing agency or of the local department three times within such six-month period with no fewer than ninety days between the first and last visits, and the last visit has occurred within six months immediately prior to the filing of the petition.5\n\nAfter receipt of the report of investigation, if the child was placed into Virginia from a foreign country in accordance with § 63.2-1104, the adoption was not finalized pursuant to the laws of that foreign country, and the child has been in the physical custody of the petitioner for at least six months immediately prior to the filing of the petition and has been visited by a representative of a licensed child-placing agency or of the local department three times within the six-month period with no fewer than 90 days between the first and last visits. The circuit court may, for good cause shown, in cases of an international placement, omit the requirement that the three visits be made within a six-month period.","order_by":null,"text":{"0":{"id":229158,"text":"The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption under the following circumstances:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":229159,"text":"If the child is legally the child by birth or adoption of one of the petitioners and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper. In such cases, the court may also omit the order of reference if the petitioners meet the requirements set forth in § 63.2-1241.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":229160,"text":"If one of the petitioners is a stepparent of the child and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper. The court may omit the order of reference if the petitioners meet the requirements of § 63.2-1241.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":229161,"text":"After receipt of the report of investigation, if the child has been in physical custody of the petitioner continuously for at least three years immediately prior to the filing of the petition for adoption, and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":229162,"text":"After receipt of the report of investigation, if the child has been legally adopted according to the laws of a foreign country with which the United States has diplomatic relations and if the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper, and the child (i) has been in the physical custody of the petitioners for at least one year immediately prior to the filing of the petition and a representative of a child-placing agency has visited the petitioner and child at least once in the six months immediately preceding the filing of the petition or during its investigation pursuant to § 63.2-1208 or (ii) has been in the physical custody of the petitioners for at least six months immediately prior to the filing of the petition, has been visited by a representative of a child-placing agency or of the local department three times within such six-month period with no fewer than ninety days between the first and last visits, and the last visit has occurred within six months immediately prior to the filing of the petition.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":229163,"text":"After receipt of the report of investigation, if the child was placed into Virginia from a foreign country in accordance with § 63.2-1104, the adoption was not finalized pursuant to the laws of that foreign country, and the child has been in the physical custody of the petitioner for at least six months immediately prior to the filing of the petition and has been visited by a representative of a licensed child-placing agency or of the local department three times within the six-month period with no fewer than 90 days between the first and last visits. The circuit court may, for good cause shown, in cases of an international placement, omit the requirement that the three visits be made within a six-month period.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1210\/","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 1952, chapter 71; in 1954, chapter 489; in 1962, chapter 603; in 1964, chapter 429; in 1968, chapter 578; in 1975, chapter 364; in 1978, chapter 750; in 1980, chapter 268; in 1983, chapter 334; in 1986, chapter 470; 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 2006, chapters 825<\/a> and 848<\/a>; in 2011, chapter 486<\/a>; in 2022, chapter 377<\/a>.<\/p>","references":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":70662,"section_number":"63.2-1201","catch_line":"Filing of petition for adoption; venue; jurisdiction; and proceedings","order_by":null,"url":"\/63.2-1201\/"},{"id":67676,"section_number":"63.2-1213","catch_line":"Final order of adoption","order_by":null,"url":"\/63.2-1213\/"}],"refers_to":[{"id":77391,"section_number":"63.2-1104","catch_line":"Children from other states and countries","order_by":null,"url":"\/63.2-1104\/"},{"id":58081,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","order_by":null,"url":"\/63.2-1208\/"}],"permalink":{"id":271421,"object_type":"law","relational_id":62868,"identifier":"63.2-1210","token":"63.2\/III\/12\/1\/63.2-1210","url":"\/63.2-1210\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1210\/","token":"63.2\/III\/12\/1\/63.2-1210","dublin_core":{"Title":"Probationary period, interlocutory order and order of reference not required under certain circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1210","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The circuit<\/span> court<\/span> may omit the probationary period and the interlocutory order<\/span> and enter a final order<\/span> of adoption under the following circumstances:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the child<\/span> is legally the child<\/span> by birth or adoption of one of the petitioners and the circuit<\/span> court<\/span> is of the opinion<\/span> that the entry of an interlocutory order<\/span> would otherwise be proper. In such cases, the court<\/span> may also omit the order of reference if the petitioners meet the requirements set forth in § 63.2-1241<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If one of the petitioners is a stepparent of the child<\/span> and the circuit<\/span> court<\/span> is of the opinion<\/span> that the entry of an interlocutory order<\/span> would otherwise be proper. The court<\/span> may omit the order of reference if the petitioners meet the requirements of § 63.2-1241<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> After receipt of the report of investigation, if the child<\/span> has been in physical custody<\/span> of the petitioner continuously for at least three years immediately prior to the filing of the petition<\/span> for adoption, and the circuit<\/span> court<\/span> is of the opinion<\/span> that the entry of an interlocutory order<\/span> would otherwise be proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> After receipt of the report of investigation, if the child<\/span> has been legally adopted according to the laws<\/span> of a foreign country with which the United States has diplomatic relations and if the circuit<\/span> court<\/span> is of the opinion<\/span> that the entry of an interlocutory order<\/span> would otherwise be proper, and the child<\/span> (i) has been in the physical custody<\/span> of the petitioners for at least one year immediately prior to the filing of the petition<\/span> and a representative of a child<\/span>-placing agency<\/span> has visited the petitioner and child<\/span> at least once in the six months immediately preceding the filing of the petition<\/span> or during its investigation pursuant to § 63.2-1208<\/a> or (ii) has been in the physical custody<\/span> of the petitioners for at least six months immediately prior to the filing of the petition<\/span>, has been visited by a representative of a child<\/span>-placing agency<\/span> or of the local department<\/span> three times within such six-month period with no fewer than ninety days between the first and last visits, and the last visit has occurred within six months immediately prior to the filing of the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> After receipt of the report of investigation, if the child<\/span> was placed into Virginia from a foreign country in accordance with § 63.2-1104<\/a>, the adoption was not finalized pursuant to the laws<\/span> of that foreign country, and the child<\/span> has been in the physical custody<\/span> of the petitioner for at least six months immediately prior to the filing of the petition<\/span> and has been visited by a representative of a licensed child<\/span>-placing agency<\/span> or of the local department<\/span> three times within the six-month period with no fewer than 90 days between the first and last visits. The circuit<\/span> court<\/span> may, for good cause shown, in cases of an international placement, omit the requirement that the three visits be made within a six-month period. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROBATIONARY PERIOD, INTERLOCUTORY ORDER AND ORDER OF REFERENCE NOT REQUIRED\nUNDER CERTAIN CIRCUMSTANCES (\u00a7 63.2-1210)\n\nThe circuit court may omit the probationary period and the interlocutory order\nand enter a final order of adoption under the following circumstances:\n\n1. If the child is legally the child by birth or adoption of one of the\npetitioners and the circuit court is of the opinion that the entry of an\ninterlocutory order would otherwise be proper. In such cases, the court may also\nomit the order of reference if the petitioners meet the requirements set forth\nin § 63.2-1241.\n\n2. If one of the petitioners is a stepparent of the child and the circuit court\nis of the opinion that the entry of an interlocutory order would otherwise be\nproper. The court may omit the order of reference if the petitioners meet the\nrequirements of § 63.2-1241.\n\n3. After receipt of the report of investigation, if the child has been in\nphysical custody of the petitioner continuously for at least three years\nimmediately prior to the filing of the petition for adoption, and the circuit\ncourt is of the opinion that the entry of an interlocutory order would otherwise\nbe proper.\n\n4. After receipt of the report of investigation, if the child has been legally\nadopted according to the laws of a foreign country with which the United States\nhas diplomatic relations and if the circuit court is of the opinion that the\nentry of an interlocutory order would otherwise be proper, and the child (i) has\nbeen in the physical custody of the petitioners for at least one year\nimmediately prior to the filing of the petition and a representative of a\nchild-placing agency has visited the petitioner and child at least once in the\nsix months immediately preceding the filing of the petition or during its\ninvestigation pursuant to § 63.2-1208 or (ii) has been in the physical\ncustody of the petitioners for at least six months immediately prior to the\nfiling of the petition, has been visited by a representative of a child-placing\nagency or of the local department three times within such six-month period with\nno fewer than ninety days between the first and last visits, and the last visit\nhas occurred within six months immediately prior to the filing of the petition.\n\n5. After receipt of the report of investigation, if the child was placed into\nVirginia from a foreign country in accordance with § 63.2-1104, the\nadoption was not finalized pursuant to the laws of that foreign country, and the\nchild has been in the physical custody of the petitioner for at least six months\nimmediately prior to the filing of the petition and has been visited by a\nrepresentative of a licensed child-placing agency or of the local department\nthree times within the six-month period with no fewer than 90 days between the\nfirst and last visits. The circuit court may, for good cause shown, in cases of\nan international placement, omit the requirement that the three visits be made\nwithin a six-month period.\n\nHISTORY: Code 1950, \u00a7 63-355; 1952, c. 71; 1954, c. 489; 1962, c. 603; 1964, c.\n429; 1968, c. 578, \u00a7 63.1-229; 1975, c. 364; 1978, c. 750; 1980, c. 268; 1983,\nc. 334; 1986, c. 470; 1992, c. 607; 1993, c. 553; 1995, cc. 772, 826; 2000, c.\n830, \u00a7 63.1-219.17; 2002, c. 747; 2006, cc. 825, 848; 2011, c. 486; 2022, c.\n377.","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}}