                                 CODE OF VIRGINIA

DISCLOSURE TO BIRTH FAMILY; ADOPTIVE PARENTS; MEDICAL, ETC., INFORMATION;
EXCHANGE OF INFORMATION; OPEN RECORDS IN PARENTAL PLACEMENT ADOPTIONS (§
63.2-1247)

A. 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&#8217;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&#8217;s or agency&#8217;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. &#8220;Good cause&#8221; when used in this section shall mean a
showing of a compelling and necessitous need for the identifying information.
			A 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.
			If 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.
			When 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&#8217;s report and the recommendation of
the agency.

B. 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&#8217;s or agency&#8217;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. &#8220;Good
cause&#8221; when used in this section shall mean a showing of a compelling and
necessitous need for the identifying information.
			An 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.
			If 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.
			When 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&#8217;s report and the recommendation of the agency.

C. 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.

D. 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.

E. 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.

HISTORY: 1994, cc. 856, 942, § 63.1-236.01; 1995, cc. 772, 826; 2000, c. 830,
§ 63.1-219.54; 2002, c. 747; 2018, c. 10.