{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1247.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1247.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1247.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1247.html"}],"law_id":75216,"edition_id":1,"section_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","history":"1994, cc. 856, 942, \u00a7 63.1-236.01; 1995, cc. 772, 826; 2000, c. 830, \u00a7 63.1-219.54; 2002, c. 747; 2018, c. 10.","full_text":"A\n\nWhere the adoption is finalized on or after July 1, 1994, and the adopted person is 21 years of age or over, the adopted person’s birth parents and adult birth siblings may apply to the Commissioner for the disclosure of identifying information from the adoption file. The Commissioner shall designate the person or agency that made the investigation to attempt to locate and advise the adopted person of the application. The designated person or agency shall report the results of the attempt to locate and advise the adopted person 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 adopted person 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 birth parents or adult birth siblings, whoever applied, 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\t\tA birth parent or adult birth sibling 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 birth parent or adult birth sibling resides or (ii) the circuit court of the county or city where the central office of the Department is located. A birth parent or adult birth sibling 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\t\tIf the identity and whereabouts of the adopted person and adoptive parents are known to the person or agency, the circuit court may require the person or agency to advise the adopted person and adoptive 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 family. 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\t\tWhen consent of the adopted person is not obtainable, due to the death or mental incapacity of the adopted person, the circuit court may release identifying information to the birth parents or adult birth siblings. In making this decision, the circuit court shall consider the needs and concerns of the birth parents or adult birth siblings and the adoptive family if such information is available, the actions the agency took to locate the adopted person, the information in the agency’s report and the recommendation of the agency.B\n\nWhere the adoption is finalized on or after July 1, 1994, and the adopted person is under 18 years of age, the adoptive parents or other legal custodian of the child may apply to the Commissioner for the disclosure of identifying information about the birth family. The Commissioner 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 or other legal custodian, and the birth family. The adoptive parents, legal custodian and 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 adoptive parents or legal custodian, whoever applied, 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\t\tAn adoptive parent or legal custodian 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 adoptive parent or legal custodian resides or (ii) the circuit court of the county or city where the central office of the Department is located. An adoptive parent or legal custodian 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\t\tIf the identity and whereabouts of the birth parents are known to the person or agency, the circuit court may require the person or agency to advise 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 or legal custodian and the birth parents. 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\t\tWhen consent of the birth family is not obtainable, due to the death of the birth parents or mental incapacity of the birth parents, the circuit court may release identifying information to the adoptive parents or legal custodian. In making this decision, the circuit court shall consider the needs and concerns of the adoptive parents or legal custodian 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.C\n\nIn any case where a physician or licensed mental health provider submits a written statement, in response to a request from the adult adoptee, adoptive parent, birth parent or adult birth siblings, indicating that it is critical that medical, psychological or genetic information be conveyed, and states clearly the reasons why this is necessary, the agency that made the investigation shall make an attempt to inform the adult adoptee, adoptive parents, birth parents or adult birth siblings, whichever is applicable, of the information. The Commissioner shall provide information from the adoption record to the searching agency if necessary to facilitate the search. Confidentiality of all parties shall be maintained by the agency.D\n\nIn cases where at least one of the adoptive parents and one of the birth parents agree in writing, at the time of the adoption, to allow the agency involved in the adoption to exchange nonidentifying information and pictures, the agency may exchange this information with such adoptive parents and birth parents when the whereabouts of the adoptive parents and birth parents is known or readily accessible. Such agreement may be withdrawn by either party at any time or may be withdrawn by the adult adoptee.E\n\nIn parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is 18 years of age or older, and a birth parent who executed a written consent to the adoption.","order_by":null,"text":{"0":{"id":270091,"text":"Where the adoption is finalized on or after July 1, 1994, and the adopted person is 21 years of age or over, the adopted person’s birth parents and adult birth siblings may apply to the Commissioner for the disclosure of identifying information from the adoption file. The Commissioner shall designate the person or agency that made the investigation to attempt to locate and advise the adopted person of the application. The designated person or agency shall report the results of the attempt to locate and advise the adopted person 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 adopted person 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 birth parents or adult birth siblings, whoever applied, 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\t\tA birth parent or adult birth sibling 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 birth parent or adult birth sibling resides or (ii) the circuit court of the county or city where the central office of the Department is located. A birth parent or adult birth sibling 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\t\tIf the identity and whereabouts of the adopted person and adoptive parents are known to the person or agency, the circuit court may require the person or agency to advise the adopted person and adoptive 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 family. 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\t\tWhen consent of the adopted person is not obtainable, due to the death or mental incapacity of the adopted person, the circuit court may release identifying information to the birth parents or adult birth siblings. In making this decision, the circuit court shall consider the needs and concerns of the birth parents or adult birth siblings and the adoptive family if such information is available, the actions the agency took to locate the adopted person, the information in the agency’s report and the recommendation of the agency.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270092,"text":"Where the adoption is finalized on or after July 1, 1994, and the adopted person is under 18 years of age, the adoptive parents or other legal custodian of the child may apply to the Commissioner for the disclosure of identifying information about the birth family. The Commissioner 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 or other legal custodian, and the birth family. The adoptive parents, legal custodian and 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 adoptive parents or legal custodian, whoever applied, 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\t\tAn adoptive parent or legal custodian 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 adoptive parent or legal custodian resides or (ii) the circuit court of the county or city where the central office of the Department is located. An adoptive parent or legal custodian 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\t\tIf the identity and whereabouts of the birth parents are known to the person or agency, the circuit court may require the person or agency to advise 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 or legal custodian and the birth parents. 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\t\tWhen consent of the birth family is not obtainable, due to the death of the birth parents or mental incapacity of the birth parents, the circuit court may release identifying information to the adoptive parents or legal custodian. In making this decision, the circuit court shall consider the needs and concerns of the adoptive parents or legal custodian 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270093,"text":"In any case where a physician or licensed mental health provider submits a written statement, in response to a request from the adult adoptee, adoptive parent, birth parent or adult birth siblings, indicating that it is critical that medical, psychological or genetic information be conveyed, and states clearly the reasons why this is necessary, the agency that made the investigation shall make an attempt to inform the adult adoptee, adoptive parents, birth parents or adult birth siblings, whichever is applicable, of the information. The Commissioner shall provide information from the adoption record to the searching agency if necessary to facilitate the search. Confidentiality of all parties shall be maintained by the agency.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":270094,"text":"In cases where at least one of the adoptive parents and one of the birth parents agree in writing, at the time of the adoption, to allow the agency involved in the adoption to exchange nonidentifying information and pictures, the agency may exchange this information with such adoptive parents and birth parents when the whereabouts of the adoptive parents and birth parents is known or readily accessible. Such agreement may be withdrawn by either party at any time or may be withdrawn by the adult adoptee.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":270095,"text":"In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is 18 years of age or older, and a birth parent who executed a written consent to the adoption.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1247\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 856<\/a> and 942<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapters 772<\/a> and 826<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2018, chapter 10<\/a>.<\/p>","references":[{"id":83198,"section_number":"63.2-1246","catch_line":"Disposition of reports; disclosure of information as to identity of birth family","order_by":null,"url":"\/63.2-1246\/"},{"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":false,"permalink":{"id":271623,"object_type":"law","relational_id":75216,"identifier":"63.2-1247","token":"63.2\/III\/12\/6\/63.2-1247","url":"\/63.2-1247\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1247\/","token":"63.2\/III\/12\/6\/63.2-1247","dublin_core":{"Title":"Disclosure to birth family; adoptive parents; medical, etc., information; exchange of information; open records in parental placement adoptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1247","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Where the adoption is finalized on or after July 1, 1994, and the adopted person is 21 years of age or over, the adopted person’s birth parents<\/span> and adult birth siblings<\/span> may apply to the Commissioner<\/span> for the disclosure of identifying information from the adoption file. The Commissioner<\/span> shall designate the person or agency that made the investigation to attempt to locate and advise the adopted person of the application. The designated person or agency shall report the results of the attempt to locate and advise the adopted person 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 adopted person 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 birth parents<\/span> or adult birth siblings<\/span>, whoever applied, 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\t\tA birth parent<\/span> or adult birth sibling<\/span> 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 birth parent<\/span> or adult birth sibling<\/span> resides or (ii) the circuit<\/span> court of the county or city where the central office of the Department<\/span> is located. A birth parent<\/span> or adult birth sibling<\/span> 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\t\tIf the identity and whereabouts of the adopted person and adoptive parents are known to the person or agency, the circuit<\/span> court may require the person or agency to advise the adopted person and adoptive parents 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 family<\/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\t\tWhen consent of the adopted person is not obtainable, due to the death or mental incapacity<\/span> of the adopted person, the circuit<\/span> court may release identifying information to the birth parents<\/span> or adult birth siblings<\/span>. In making this decision, the circuit<\/span> court shall consider the needs and concerns of the birth parents<\/span> or adult birth siblings<\/span> and the adoptive family if such information is available, the actions the agency took to locate the adopted person, the information in the agency’s report and the recommendation of the agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the adoption is finalized on or after July 1, 1994, and the adopted person is under 18 years of age, the adoptive parents or other legal custodian of the child<\/span> may apply to the Commissioner<\/span> for the disclosure of identifying information about the birth family<\/span>. The Commissioner<\/span> 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 or other legal custodian, and the birth family<\/span>. The adoptive parents, legal custodian and 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 adoptive parents or legal custodian, whoever applied, 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\t\tAn adoptive parent or legal custodian 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 adoptive parent or legal custodian resides or (ii) the circuit<\/span> court of the county or city where the central office of the Department<\/span> is located. An adoptive parent or legal custodian 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\t\tIf the identity and whereabouts of the birth parents<\/span> are known to the person or agency, the circuit<\/span> court may require the person or agency to advise 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 or legal custodian and the birth parents<\/span>. 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\t\tWhen consent of the birth family<\/span> is not obtainable, due to the death of the birth parents<\/span> or mental incapacity<\/span> of the birth parents<\/span>, the circuit<\/span> court may release identifying information to the adoptive parents or legal custodian. In making this decision, the circuit<\/span> court shall consider the needs and concerns of the adoptive parents or legal custodian 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case where a physician or licensed mental health provider submits a written statement, in response to a request from the adult adoptee, adoptive parent, birth parent<\/span> or adult birth siblings<\/span>, indicating that it is critical that medical, psychological or genetic information be conveyed, and states clearly the reasons why this is necessary, the agency that made the investigation shall make an attempt to inform the adult adoptee, adoptive parents, birth parents<\/span> or adult birth siblings<\/span>, whichever is applicable, of the information. The Commissioner<\/span> shall provide information from the adoption record to the searching agency if necessary to facilitate the search. Confidentiality of all parties shall be maintained by the agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In cases where at least one of the adoptive parents and one of the birth parents<\/span> agree in writing, at the time of the adoption, to allow the agency involved in the adoption to exchange nonidentifying information and pictures, the agency may exchange this information with such adoptive parents and birth parents<\/span> when the whereabouts of the adoptive parents and birth parents<\/span> is known or readily accessible. Such agreement may be withdrawn by either party<\/span> at any time or may be withdrawn by the adult adoptee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In parental placement<\/span> adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is 18 years of age or older, and a birth parent<\/span> who executed a written consent to the adoption. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLOSURE TO BIRTH FAMILY; ADOPTIVE PARENTS; MEDICAL, ETC., INFORMATION;\nEXCHANGE OF INFORMATION; OPEN RECORDS IN PARENTAL PLACEMENT ADOPTIONS (\u00a7\n63.2-1247)\n\nA. Where the adoption is finalized on or after July 1, 1994, and the adopted\nperson is 21 years of age or over, the adopted person’s birth parents and\nadult birth siblings may apply to the Commissioner for the disclosure of\nidentifying information from the adoption file. The Commissioner shall designate\nthe person or agency that made the investigation to attempt to locate and advise\nthe adopted person of the application. The designated person or agency shall\nreport the results of the attempt to locate and advise the adopted person 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 adopted person within 30 days of receipt of the\napplication, or if the Commissioner denies disclosure of the identifying\ninformation after receiving the designated person’s or agency’s\nreport, the birth parents or adult birth siblings, whoever applied, may apply to\nthe circuit court for an order to disclose such information. Such order shall be\nentered only upon good cause shown after notice to and opportunity for hearing\nby the applicant for such order and the person or agency that made the\ninvestigation. “Good cause” when used in this section shall mean a\nshowing of a compelling and necessitous need for the identifying information.\n\t\t\tA birth parent or adult birth sibling who is a resident of Virginia may apply\nfor the court order provided for herein to (i) the circuit court of the county\nor city where the birth parent or adult birth sibling resides or (ii) the\ncircuit court of the county or city where the central office of the Department\nis located. A birth parent or adult birth sibling who is not a resident of\nVirginia shall apply for such a court order to the circuit court of the county\nor city where the central office of the Department is located.\n\t\t\tIf the identity and whereabouts of the adopted person and adoptive parents\nare known to the person or agency, the circuit court may require the person or\nagency to advise the adopted person and adoptive parents of the pendency of the\napplication for such order. In determining good cause for the disclosure of such\ninformation, the circuit court shall consider the relative effects of such\naction upon the adopted person, the adoptive parents and the birth family. 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\t\tWhen consent of the adopted person is not obtainable, due to the death or\nmental incapacity of the adopted person, the circuit court may release\nidentifying information to the birth parents or adult birth siblings. In making\nthis decision, the circuit court shall consider the needs and concerns of the\nbirth parents or adult birth siblings and the adoptive family if such\ninformation is available, the actions the agency took to locate the adopted\nperson, the information in the agency’s report and the recommendation of\nthe agency.\n\nB. Where the adoption is finalized on or after July 1, 1994, and the adopted\nperson is under 18 years of age, the adoptive parents or other legal custodian\nof the child may apply to the Commissioner for the disclosure of identifying\ninformation about the birth family. The Commissioner shall designate the person\nor agency that made the investigation to attempt to locate and advise the birth\nfamily of the application. The designated person or agency shall report the\nresults 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 or other legal\ncustodian, and the birth family. The adoptive parents, legal custodian and birth\nfamily may submit to the Commissioner, and the Commissioner shall consider,\nwritten comments stating the anticipated effect that the disclosure of\nidentifying information may have upon any party. Upon a showing of good cause,\nthe Commissioner shall disclose the identifying information. If the Commissioner\nfails to designate a person or agency to attempt to locate the birth family\nwithin 30 days of receipt of the application, or if the Commissioner denies\ndisclosure of the identifying information after receiving the designated\nperson’s or agency’s report, the adoptive parents or legal\ncustodian, whoever applied, may apply to the circuit court for an order to\ndisclose such information. Such order shall be entered only upon good cause\nshown after notice to and opportunity for hearing by the applicant for such\norder and the person or agency that made the investigation. “Good\ncause” when used in this section shall mean a showing of a compelling and\nnecessitous need for the identifying information.\n\t\t\tAn adoptive parent or legal custodian who is a resident of Virginia may apply\nfor the court order provided for herein to (i) the circuit court of the county\nor city where the adoptive parent or legal custodian resides or (ii) the circuit\ncourt of the county or city where the central office of the Department is\nlocated. An adoptive parent or legal custodian who is not a resident of Virginia\nshall apply for such a court order to the circuit court of the county or city\nwhere the central office of the Department is located.\n\t\t\tIf the identity and whereabouts of the birth parents are known to the person\nor agency, the circuit court may require the person or agency to advise the\nbirth parents of the pendency of the application for such order. In determining\ngood cause for the disclosure of such information, the circuit court shall\nconsider the relative effects of such action upon the adopted person, the\nadoptive parents or legal custodian and the birth parents. The birth family may\nsubmit to the circuit court, and the circuit court shall consider, written\ncomments stating the anticipated effect that the disclosure of identifying\ninformation may have upon any party.\n\t\t\tWhen consent of the birth family is not obtainable, due to the death of the\nbirth parents or mental incapacity of the birth parents, the circuit court may\nrelease identifying information to the adoptive parents or legal custodian. In\nmaking this decision, the circuit court shall consider the needs and concerns of\nthe adoptive parents or legal custodian and the birth family if such information\nis available, the actions the agency took to locate the birth family, the\ninformation in the agency’s report and the recommendation of the agency.\n\nC. In any case where a physician or licensed mental health provider submits a\nwritten statement, in response to a request from the adult adoptee, adoptive\nparent, birth parent or adult birth siblings, indicating that it is critical\nthat medical, psychological or genetic information be conveyed, and states\nclearly the reasons why this is necessary, the agency that made the\ninvestigation shall make an attempt to inform the adult adoptee, adoptive\nparents, birth parents or adult birth siblings, whichever is applicable, of the\ninformation. The Commissioner shall provide information from the adoption record\nto the searching agency if necessary to facilitate the search. Confidentiality\nof all parties shall be maintained by the agency.\n\nD. In cases where at least one of the adoptive parents and one of the birth\nparents agree in writing, at the time of the adoption, to allow the agency\ninvolved in the adoption to exchange nonidentifying information and pictures,\nthe agency may exchange this information with such adoptive parents and birth\nparents when the whereabouts of the adoptive parents and birth parents is known\nor readily accessible. Such agreement may be withdrawn by either party at any\ntime or may be withdrawn by the adult adoptee.\n\nE. In parental placement adoptions, where the consent to the adoption was\nexecuted on or after July 1, 1994, the entire adoption record shall be open to\nthe adoptive parents, the adoptee who is 18 years of age or older, and a birth\nparent who executed a written consent to the adoption.\n\nHISTORY: 1994, cc. 856, 942, \u00a7 63.1-236.01; 1995, cc. 772, 826; 2000, c. 830,\n\u00a7 63.1-219.54; 2002, c. 747; 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}}