                                 CODE OF VIRGINIA

CLOSE RELATIVE ADOPTION; CHILD IN HOME LESS THAN TWO YEARS (§ 63.2-1242.2)

A. When the child has continuously resided in the home or has been in the
continuous physical custody of the prospective adoptive parent(s) who is a close
relative for less than two years, the adoption proceeding, including court
approval of the home study, shall commence in the juvenile and domestic
relations district court pursuant to the parental placement adoption provisions
of this chapter with the following exceptions:

   1. The birth parent(s)&#8217; consent does not have to be executed in juvenile
   and domestic relations district court in the presence of the prospective
   adoptive parents.

   2. The simultaneous meeting specified in &#xA7; 63.2-1231 is not required.

   3. No hearing is required for this proceeding.

B. Upon the juvenile and domestic relations district court issuing an order
accepting consents or otherwise dealing with birth parents rights and appointing
the close relative(s) custodians of the child, the close relative(s) may file a
petition in the circuit court as provided in Article 1 (&#xA7; 63.2-1200 et
seq.) of this chapter.

C. For adoptions under this section:

   1. An order of reference, an investigation and a report shall not be made if
   the home study report is filed with the circuit court unless the circuit court
   in its discretion requires an investigation and report to be made.

   2. The circuit court may omit the probationary period and the interlocutory
   order and enter a final order of adoption when the court is of the opinion
   that the entry of an order would otherwise be proper.

   3. If the circuit court determines that there is a need for an additional
   investigation, it shall refer the matter to the licensed child-placing agency
   that drafted the home study report for an investigation and report, which
   shall be completed within such times as the circuit court designates.

   4. The circuit court may waive appointment of a guardian ad litem for the
   child.

HISTORY: 2006, cc. 825, 848; 2010, c. 306; 2018, c. 4.