{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1246.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1246.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1246.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1246.html"}],"law_id":83198,"edition_id":1,"section_id":83198,"structure_id":16242,"section_number":"63.2-1246","catch_line":"Disposition of reports; disclosure of information as to identity of birth family","history":"Code 1950, \u00a7 63-360; 1964, c. 429; 1968, c. 578, \u00a7 63.1-236; 1970, c. 672; 1972, c. 823; 1976, c. 366; 1977, c. 556; 1978, cc. 256, 730; 1979, c. 43; 1988, c. 221; 1992, c. 607; 1993, c. 962; 1994, cc. 856, 942; 1995, cc. 772, 826; 2000, c. 830, \u00a7 63.1-219.53; 2002, c. 747; 2014, c. 127; 2018, c. 10.","full_text":"Upon the entry of a final order of adoption, the clerk of the circuit court in which it was entered shall forthwith transmit to the Commissioner all orders and reports made in connection with the case, and the Commissioner shall preserve such orders and reports in a separate file pursuant to this section and \u00a7 63.2-1246.1. Except as provided in \u00a7 63.2-1246.1 and subsections C, D, and E of \u00a7 63.2-1247, nonidentifying information from such adoption file shall not be open to inspection, or be copied, by anyone other than the adopted person, if 18 years of age or over, or licensed or authorized child-placing agencies providing services to the child or the adoptive parents, except upon the order of a circuit court entered upon good cause shown. However, if the adoptive parents, or either of them, is living, the adopted person shall not be permitted to inspect the home study of the adoptive parents unless the Commissioner first obtains written permission to do so from such adoptive parent or parents.\n\t\tNo identifying information from such adoption file shall be disclosed, open to inspection, or made available to be copied except as provided in \u00a7 63.2-1246.1 and subsections A, B, and E of \u00a7 63.2-1247 or upon application of the adopted person, if 18 years of age or over, to the Commissioner, who shall designate the person or agency that made the investigation to attempt to locate and advise the birth family of the application. The designated person or agency shall report the results of the attempt to locate and advise the birth family to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents, and the birth family. The adopted person and the birth family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the birth family within 30 days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person’s or agency’s report, the adopted person may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency that made the investigation. “Good cause” when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.\n\t\tAn eligible adoptee who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the adoptee resides or (ii) the circuit court of the county or city where the central office of the Department is located. An eligible adoptee who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the Department is located.\n\t\tIf the identity and whereabouts of the adoptive parents and the birth parents are known to the person or agency, the circuit court may require the person or agency to advise the adoptive parents and the birth parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the circuit court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth parents. The adopted person and the birth family may submit to the circuit court, and the circuit court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.\n\t\tWhen consent of the birth parents is not obtainable, due to the death of the birth parents or mental incapacity of the birth parents, the Commissioner shall, upon application of the adult adopted person and a showing of good cause, disclose the identifying information to the adult adopted person. If the Commissioner denies disclosure of the identifying information, the adult adopted person may apply to the circuit court for an order to disclose such information and the circuit court may release identifying information to the adult adopted person. In making this decision, the circuit court shall consider the needs and concerns of the adopted person and the birth family if such information is available, the actions the agency took to locate the birth family, the information in the agency’s report and the recommendation of the agency.\n\t\tThe Commissioner, person or agency may charge a reasonable fee to cover the costs of processing requests for nonidentifying information.\n\t\tUpon entry of a final order of adoption, the child-placing agency or local board shall transmit to the Commissioner the adoption file in connection with the case, which shall be preserved by the Commissioner in accordance with this section and \u00a7 63.2-1246.1.\n\t\tFor purposes of this chapter, “adoption file” means records, orders, and other documents kept or created by the Commissioner, child-placing agency, or local board, beginning with the earliest of (i) an order terminating residual parental rights, (ii) an entrustment agreement, (iii) a home study or investigation conducted in preparation for adoption, or (iv) the filing of a petition for adoption, and ending with the final order of adoption. “Adoption file” also includes all records regarding applications for disclosure and post-adoption searches pursuant to this section and \u00a7 63.2-1247.","order_by":null,"text":{"0":{"id":298089,"text":"Upon the entry of a final order of adoption, the clerk of the circuit court in which it was entered shall forthwith transmit to the Commissioner all orders and reports made in connection with the case, and the Commissioner shall preserve such orders and reports in a separate file pursuant to this section and \u00a7 63.2-1246.1. Except as provided in \u00a7 63.2-1246.1 and subsections C, D, and E of \u00a7 63.2-1247, nonidentifying information from such adoption file shall not be open to inspection, or be copied, by anyone other than the adopted person, if 18 years of age or over, or licensed or authorized child-placing agencies providing services to the child or the adoptive parents, except upon the order of a circuit court entered upon good cause shown. However, if the adoptive parents, or either of them, is living, the adopted person shall not be permitted to inspect the home study of the adoptive parents unless the Commissioner first obtains written permission to do so from such adoptive parent or parents.\n\t\tNo identifying information from such adoption file shall be disclosed, open to inspection, or made available to be copied except as provided in \u00a7 63.2-1246.1 and subsections A, B, and E of \u00a7 63.2-1247 or upon application of the adopted person, if 18 years of age or over, to the Commissioner, who shall designate the person or agency that made the investigation to attempt to locate and advise the birth family of the application. The designated person or agency shall report the results of the attempt to locate and advise the birth family to the Commissioner, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents, and the birth family. The adopted person and the birth family may submit to the Commissioner, and the Commissioner shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the Commissioner shall disclose the identifying information. If the Commissioner fails to designate a person or agency to attempt to locate the birth family within 30 days of receipt of the application, or if the Commissioner denies disclosure of the identifying information after receiving the designated person’s or agency’s report, the adopted person may apply to the circuit court for an order to disclose such information. Such order shall be entered only upon good cause shown after notice to and opportunity for hearing by the applicant for such order and the person or agency that made the investigation. “Good cause” when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.\n\t\tAn eligible adoptee who is a resident of Virginia may apply for the court order provided for herein to (i) the circuit court of the county or city where the adoptee resides or (ii) the circuit court of the county or city where the central office of the Department is located. An eligible adoptee who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the central office of the Department is located.\n\t\tIf the identity and whereabouts of the adoptive parents and the birth parents are known to the person or agency, the circuit court may require the person or agency to advise the adoptive parents and the birth parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the circuit court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth parents. The adopted person and the birth family may submit to the circuit court, and the circuit court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party.\n\t\tWhen consent of the birth parents is not obtainable, due to the death of the birth parents or mental incapacity of the birth parents, the Commissioner shall, upon application of the adult adopted person and a showing of good cause, disclose the identifying information to the adult adopted person. If the Commissioner denies disclosure of the identifying information, the adult adopted person may apply to the circuit court for an order to disclose such information and the circuit court may release identifying information to the adult adopted person. In making this decision, the circuit court shall consider the needs and concerns of the adopted person and the birth family if such information is available, the actions the agency took to locate the birth family, the information in the agency’s report and the recommendation of the agency.\n\t\tThe Commissioner, person or agency may charge a reasonable fee to cover the costs of processing requests for nonidentifying information.\n\t\tUpon entry of a final order of adoption, the child-placing agency or local board shall transmit to the Commissioner the adoption file in connection with the case, which shall be preserved by the Commissioner in accordance with this section and \u00a7 63.2-1246.1.\n\t\tFor purposes of this chapter, “adoption file” means records, orders, and other documents kept or created by the Commissioner, child-placing agency, or local board, beginning with the earliest of (i) an order terminating residual parental rights, (ii) an entrustment agreement, (iii) a home study or investigation conducted in preparation for adoption, or (iv) the filing of a petition for adoption, and ending with the final order of adoption. “Adoption file” also includes all records regarding applications for disclosure and post-adoption searches pursuant to this section and \u00a7 63.2-1247.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16242,"edition_id":1,"name":"Records","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":14096,"metadata":{},"date_created":"2026-06-26 04:10:52","date_modified":"2026-06-26 04:10:52","permalink":{"id":271609,"object_type":"structure","relational_id":16242,"identifier":"6","token":"63.2\/III\/12\/6","url":"\/63.2\/III\/12\/6\/","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":70945,"structure_id":16242,"section_number":"63.2-1245","catch_line":"Separate order book, file and index of adoption cases; to whom available; permanent retention","url":"\/63.2-1245\/","token":"63.2\/III\/12\/6\/63.2-1245","metadata":false},{"id":83198,"structure_id":16242,"section_number":"63.2-1246","catch_line":"Disposition of reports; disclosure of information as to identity of birth family","url":"\/63.2-1246\/","token":"63.2\/III\/12\/6\/63.2-1246","metadata":false},{"id":81884,"structure_id":16242,"section_number":"63.2-1246.1","catch_line":"Commissioner authority to store, preserve, and certify adoption files","url":"\/63.2-1246.1\/","token":"63.2\/III\/12\/6\/63.2-1246.1","metadata":false},{"id":75216,"structure_id":16242,"section_number":"63.2-1247","catch_line":"Disclosure to birth family; adoptive parents; medical, etc., information; exchange of information; open records in parental placement adoptions","url":"\/63.2-1247\/","token":"63.2\/III\/12\/6\/63.2-1247","metadata":false},{"id":65499,"structure_id":16242,"section_number":"63.2-1248","catch_line":"Fees for home studies, investigations, visitations and reports","url":"\/63.2-1248\/","token":"63.2\/III\/12\/6\/63.2-1248","metadata":false}],"previous_section":{"id":70945,"structure_id":16242,"section_number":"63.2-1245","catch_line":"Separate order book, file and index of adoption cases; to whom available; permanent retention","url":"\/63.2-1245\/","token":"63.2\/III\/12\/6\/63.2-1245","metadata":false},"next_section":{"id":81884,"structure_id":16242,"section_number":"63.2-1246.1","catch_line":"Commissioner authority to store, preserve, and certify adoption files","url":"\/63.2-1246.1\/","token":"63.2\/III\/12\/6\/63.2-1246.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1246\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 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 1964, chapter 429; in 1968, chapter 578; in 1970, chapter 672; in 1972, chapter 823; in 1976, chapter 366; in 1977, chapter 556; in 1978, chapters 256 and 730; in 1979, chapter 43; in 1988, chapter 221; in 1992, chapter 607; in 1993, chapter 962; in 1994, chapters 856<\/a> and 942<\/a>; in 1995, chapters 772<\/a> and 826<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2014, chapter 127<\/a>; in 2018, chapter 10<\/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":71351,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","order_by":null,"url":"\/63.2-104\/"},{"id":67535,"section_number":"63.2-1212","catch_line":"Visitations during probationary period and report","order_by":null,"url":"\/63.2-1212\/"},{"id":71186,"section_number":"63.2-1239","catch_line":"Return of copies furnished to counsel","order_by":null,"url":"\/63.2-1239\/"},{"id":70945,"section_number":"63.2-1245","catch_line":"Separate order book, file and index of adoption cases; to whom available; permanent retention","order_by":null,"url":"\/63.2-1245\/"},{"id":65499,"section_number":"63.2-1248","catch_line":"Fees for home studies, investigations, visitations and reports","order_by":null,"url":"\/63.2-1248\/"},{"id":69966,"section_number":"63.2-1818","catch_line":"Reports to Commissioner","order_by":null,"url":"\/63.2-1818\/"}],"refers_to":[{"id":81884,"section_number":"63.2-1246.1","catch_line":"Commissioner authority to store, preserve, and certify adoption files","order_by":null,"url":"\/63.2-1246.1\/"},{"id":75216,"section_number":"63.2-1247","catch_line":"Disclosure to birth family; adoptive parents; medical, etc., information; exchange of information; open records in parental placement adoptions","order_by":null,"url":"\/63.2-1247\/"}],"permalink":{"id":271615,"object_type":"law","relational_id":83198,"identifier":"63.2-1246","token":"63.2\/III\/12\/6\/63.2-1246","url":"\/63.2-1246\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1246\/","token":"63.2\/III\/12\/6\/63.2-1246","dublin_core":{"Title":"Disposition of reports; disclosure of information as to identity of birth family","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1246","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the entry of a final order<\/span> of adoption, the clerk of the circuit<\/span> court in which it was entered shall forthwith transmit to the Commissioner<\/span> all orders<\/span> and reports made in connection with the case, and the Commissioner<\/span> shall preserve such orders<\/span> and reports in a separate file pursuant to this section and \u00a7 63.2-1246.1<\/a>. Except as provided in \u00a7 63.2-1246.1<\/a> and subsections C, D, and E of \u00a7 63.2-1247<\/a>, nonidentifying information from such adoption file<\/span> shall not be open to inspection, or be copied, by anyone other than the adopted person, if 18 years of age or over, or licensed or authorized child<\/span>-placing agencies providing services to the child<\/span> or the adoptive parents, except upon the order of a circuit<\/span> court entered upon good cause<\/span> shown. However, if the adoptive parents, or either of them, is living, the adopted person shall not be permitted to inspect the home study of the adoptive parents unless the Commissioner<\/span> first obtains written permission to do so from such adoptive parent or parents.\n\t\tNo identifying information from such adoption file<\/span> shall be disclosed, open to inspection, or made available to be copied except as provided in \u00a7 63.2-1246.1<\/a> and subsections A, B, and E of \u00a7 63.2-1247<\/a> or upon application of the adopted person, if 18 years of age or over, to the Commissioner<\/span>, who shall designate the person or agency that made the investigation to attempt to locate and advise the birth family<\/span> of the application. The designated person or agency shall report the results of the attempt to locate and advise the birth family<\/span> to the Commissioner<\/span>, including the relative effects that disclosure of the identifying information may have on the adopted person, the adoptive parents, and the birth family<\/span>. The adopted person and the birth family<\/span> may submit to the Commissioner<\/span>, and the Commissioner<\/span> shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party<\/span>. Upon a showing of good cause<\/span>, the Commissioner<\/span> shall disclose the identifying information. If the Commissioner<\/span> fails to designate a person or agency to attempt to locate the birth family<\/span> within 30 days of receipt of the application, or if the Commissioner<\/span> denies disclosure of the identifying information after receiving the designated person’s or agency’s report, the adopted person may apply to the circuit<\/span> court for an order to disclose such information. Such order shall be entered only upon good cause<\/span> shown after notice to and opportunity for hearing<\/span> by the applicant for such order and the person or agency that made the investigation. “Good cause<\/span>” when used in this section shall mean a showing of a compelling and necessitous need for the identifying information.\n\t\tAn eligible adoptee who is a resident of Virginia may apply for the court order<\/span> provided for herein to (i) the circuit<\/span> court of the county or city where the adoptee resides or (ii) the circuit<\/span> court of the county or city where the central office of the Department<\/span> is located. An eligible adoptee who is not a resident of Virginia shall apply for such a court order<\/span> to the circuit<\/span> court of the county or city where the central office of the Department<\/span> is located.\n\t\tIf the identity and whereabouts of the adoptive parents and the birth parents<\/span> are known to the person or agency, the circuit<\/span> court may require the person or agency to advise the adoptive parents and the birth parents<\/span> of the pendency of the application for such order. In determining good cause<\/span> for the disclosure of such information, the circuit<\/span> court shall consider the relative effects of such action upon the adopted person, the adoptive parents and the birth parents<\/span>. The adopted person and the birth family<\/span> may submit to the circuit<\/span> court, and the circuit<\/span> court shall consider, written comments stating the anticipated effect that the disclosure of identifying information may have upon any party<\/span>.\n\t\tWhen consent of the birth parents<\/span> is not obtainable, due to the death of the birth parents<\/span> or mental incapacity<\/span> of the birth parents<\/span>, the Commissioner<\/span> shall, upon application of the adult adopted person and a showing of good cause<\/span>, disclose the identifying information to the adult adopted person. If the Commissioner<\/span> denies disclosure of the identifying information, the adult adopted person may apply to the circuit<\/span> court for an order to disclose such information and the circuit<\/span> court may release identifying information to the adult adopted person. In making this decision, the circuit<\/span> court shall consider the needs and concerns of the adopted person and the birth family<\/span> if such information is available, the actions the agency took to locate the birth family<\/span>, the information in the agency’s report and the recommendation of the agency.\n\t\tThe Commissioner<\/span>, person or agency may charge a reasonable fee to cover the costs of processing requests for nonidentifying information.\n\t\tUpon entry of a final order<\/span> of adoption, the child<\/span>-placing agency<\/span> or local board<\/span> shall transmit to the Commissioner<\/span> the adoption file<\/span> in connection with the case, which shall be preserved by the Commissioner<\/span> in accordance with this section and \u00a7 63.2-1246.1<\/a>.\n\t\tFor purposes of this chapter, “adoption file<\/span>” means records, orders<\/span>, and other documents kept or created by the Commissioner<\/span>, child<\/span>-placing agency<\/span>, or local board<\/span>, beginning with the earliest of (i) an order terminating residual parental rights, (ii) an entrustment agreement, (iii) a home study or investigation conducted in preparation for adoption, or (iv) the filing of a petition<\/span> for adoption, and ending with the final order<\/span> of adoption. “Adoption file<\/span>” also includes all records regarding applications for disclosure and post-adoption searches pursuant to this section and \u00a7 63.2-1247<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF REPORTS; DISCLOSURE OF INFORMATION AS TO IDENTITY OF BIRTH FAMILY\n(\u00a7 63.2-1246)\n\nUpon the entry of a final order of adoption, the clerk of the circuit court in\nwhich it was entered shall forthwith transmit to the Commissioner all orders and\nreports made in connection with the case, and the Commissioner shall preserve\nsuch orders and reports in a separate file pursuant to this section and \u00a7\n63.2-1246.1. Except as provided in \u00a7 63.2-1246.1 and subsections C, D, and E of\n\u00a7 63.2-1247, nonidentifying information from such adoption file shall not be\nopen to inspection, or be copied, by anyone other than the adopted person, if 18\nyears of age or over, or licensed or authorized child-placing agencies providing\nservices to the child or the adoptive parents, except upon the order of a\ncircuit court entered upon good cause shown. However, if the adoptive parents,\nor either of them, is living, the adopted person shall not be permitted to\ninspect the home study of the adoptive parents unless the Commissioner first\nobtains written permission to do so from such adoptive parent or parents.\n\t\tNo identifying information from such adoption file shall be disclosed, open to\ninspection, or made available to be copied except as provided in \u00a7 63.2-1246.1\nand subsections A, B, and E of \u00a7 63.2-1247 or upon application of the adopted\nperson, if 18 years of age or over, to the Commissioner, who shall designate the\nperson or agency that made the investigation to attempt to locate and advise the\nbirth family of the application. The designated person or agency shall report\nthe results of the attempt to locate and advise the birth family to the\nCommissioner, including the relative effects that disclosure of the identifying\ninformation may have on the adopted person, the adoptive parents, and the birth\nfamily. The adopted person and the birth family may submit to the Commissioner,\nand the Commissioner shall consider, written comments stating the anticipated\neffect that the disclosure of identifying information may have upon any party.\nUpon a showing of good cause, the Commissioner shall disclose the identifying\ninformation. If the Commissioner fails to designate a person or agency to\nattempt to locate the birth family within 30 days of receipt of the application,\nor if the Commissioner denies disclosure of the identifying information after\nreceiving the designated person’s or agency’s report, the adopted\nperson may apply to the circuit court for an order to disclose such information.\nSuch order shall be entered only upon good cause shown after notice to and\nopportunity for hearing by the applicant for such order and the person or agency\nthat made the investigation. “Good cause” when used in this section\nshall mean a showing of a compelling and necessitous need for the identifying\ninformation.\n\t\tAn eligible adoptee who is a resident of Virginia may apply for the court\norder provided for herein to (i) the circuit court of the county or city where\nthe adoptee resides or (ii) the circuit court of the county or city where the\ncentral office of the Department is located. An eligible adoptee who is not a\nresident of Virginia shall apply for such a court order to the circuit court of\nthe county or city where the central office of the Department is located.\n\t\tIf the identity and whereabouts of the adoptive parents and the birth parents\nare known to the person or agency, the circuit court may require the person or\nagency to advise the adoptive parents and the birth parents of the pendency of\nthe application for such order. In determining good cause for the disclosure of\nsuch information, the circuit court shall consider the relative effects of such\naction upon the adopted person, the adoptive parents and the birth parents. The\nadopted person and the birth family may submit to the circuit court, and the\ncircuit court shall consider, written comments stating the anticipated effect\nthat the disclosure of identifying information may have upon any party.\n\t\tWhen consent of the birth parents is not obtainable, due to the death of the\nbirth parents or mental incapacity of the birth parents, the Commissioner shall,\nupon application of the adult adopted person and a showing of good cause,\ndisclose the identifying information to the adult adopted person. If the\nCommissioner denies disclosure of the identifying information, the adult adopted\nperson may apply to the circuit court for an order to disclose such information\nand the circuit court may release identifying information to the adult adopted\nperson. In making this decision, the circuit court shall consider the needs and\nconcerns of the adopted person and the birth family if such information is\navailable, the actions the agency took to locate the birth family, the\ninformation in the agency’s report and the recommendation of the agency.\n\t\tThe Commissioner, person or agency may charge a reasonable fee to cover the\ncosts of processing requests for nonidentifying information.\n\t\tUpon entry of a final order of adoption, the child-placing agency or local\nboard shall transmit to the Commissioner the adoption file in connection with\nthe case, which shall be preserved by the Commissioner in accordance with this\nsection and \u00a7 63.2-1246.1.\n\t\tFor purposes of this chapter, “adoption file” means records,\norders, and other documents kept or created by the Commissioner, child-placing\nagency, or local board, beginning with the earliest of (i) an order terminating\nresidual parental rights, (ii) an entrustment agreement, (iii) a home study or\ninvestigation conducted in preparation for adoption, or (iv) the filing of a\npetition for adoption, and ending with the final order of adoption.\n“Adoption file” also includes all records regarding applications for\ndisclosure and post-adoption searches pursuant to this section and \u00a7 63.2-1247.\n\nHISTORY: Code 1950, \u00a7 63-360; 1964, c. 429; 1968, c. 578, \u00a7 63.1-236; 1970, c.\n672; 1972, c. 823; 1976, c. 366; 1977, c. 556; 1978, cc. 256, 730; 1979, c. 43;\n1988, c. 221; 1992, c. 607; 1993, c. 962; 1994, cc. 856, 942; 1995, cc. 772,\n826; 2000, c. 830, \u00a7 63.1-219.53; 2002, c. 747; 2014, c. 127; 2018, c. 10.","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}}