                                 CODE OF VIRGINIA

NO PARENTAL PRESUMPTION AFTER REVOCATION PERIOD EXPIRES (§ 63.2-1206)

If, after the expiration of the appropriate revocation period provided for in §
63.2-1223 or § 63.2-1234, a birth parent or an alleged birth parent attempts to
obtain or regain custody of or attempts to exercise parental rights to a child
who has been placed for adoption, there shall be no parental presumption in
favor of any party. Upon the motion of any such birth parent or alleged birth
parent, or upon the motion of any person or agency with whom the child has been
placed, the circuit or juvenile and domestic relations district court, as the
case may be, shall determine (i) whether the birth parent or alleged birth
parent is a person whose consent to the adoption is required and, if so, then
(ii) pursuant to § 63.2-1205, whether, in the best interest of the child, the
consent of the person whose consent is required is being withheld contrary to
the best interest of the child or is unobtainable.

HISTORY: 1995, cc. 772, 826, § 63.1-220.7; 2000, c. 830, § 63.1-219.14; 2002,
c. 747; 2003, c. 467.