Virginia Code

Va. Code Ann. § 63.2-1242.2 (2026)

Close relative adoption; child in home less than two years

✓ current as of May 2026

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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)' 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 § 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 (§ 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.

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

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2008–2025 · leading case: T.S.G. v. B.A.S., 665 S.E.2d 854 (Va. Ct. App. 2008).

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T.S.G. v. B.A.S., 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “Code § 63.2-1242.2, the second of the three statutes under Article 4.”

James Vega v. Katryn Naomi Vega (Va. Ct. App. 2024). · cites it 4× “See Code §§ 63.2-1242.2 and -1242.3. 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,” Code § 63.”

TSG v. Bas, 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “Code § 63.2-1242.2, the second of the three statutes under Article 4.”

Barbara Anne Keen v. Gary Ricky Barnett & Annette Barnett (Va. Ct. App. 2017). · cites it 2× “Close relative adoptions are divided into two categories: those where the child has continuously resided with or in the home of the prospective adoptive parents for less than three years, governed by Code § 63.2-1242.2, and more than three years, governed by Code § 63.”

Joshua Johnson v. Sabrina Lowe (Va. Ct. App. 2025). · cites it 2× “Close relative adoptions are divided into two categories: those where the child has continuously resided with or in the home of the prospective adoptive parents for less than two years, governed by Code § 63.2-1242.2, and those in which the child has continuously resided with…”

Danielle Nichole Hughes v. Daniel Nicholas Hughes & Linda Smith Hughes (Va. Ct. App. 2011). · cites it 2× “Instead, both petitions were brought by a couple seeking to adopt the child without the birth mother’s consent pursuant to Code §§ 63.2-1242.2 and 63.2-1203. The non-consensual adoption proceeding necessarily severs the natural parent’s rights as a precondition to the adoption.”

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