                                 CODE OF VIRGINIA

JURISDICTION TO APPROVE POST-ADOPTION CONTACT AND COMMUNICATION AGREEMENTS (§
63.2-1220.4)

A. Unless otherwise stated in the final order of adoption, the circuit court of
the jurisdiction in which the final order of adoption was entered shall retain
jurisdiction to modify or enforce the terms of a post-adoption contact and
communication agreement entered into pursuant to this article.

B. A birth parent or parents or adoptive parent or parents who have executed a
post-adoption contact and communication agreement as described in this article
may file a petition with the circuit court of the jurisdiction in which the
final order of adoption was entered:

   1. To modify the post-adoption contact and communication agreement; and

   2. To compel a birth or adoptive parent to comply with the post-adoption
   contact and communication agreement. The court may not award monetary damages
   as a result of the filing of a petition for modification of or compliance with
   the agreement. The court may modify the agreement at any time before or after
   the adoption if the court, after notice and opportunity to be heard by the
   birth parent or parents and the adoptive parent or parents, determines that
   the child&#8217;s best interest requires the modification of the agreement.
   Before the court modifies an agreement or hears a motion to compel compliance,
   the court may appoint a guardian ad litem to represent the child&#8217;s best
   interest.

C. The circuit court shall not grant a request to modify the terms of a
post-adoption contact and communication agreement unless the moving party
establishes that there has been a change of circumstances and the agreement is
no longer in the child&#8217;s best interest; provided, however, that no
modification shall affect the irrevocability of the adoption.

HISTORY: 2010, c. 331.