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 two or more years, the parental placement provisions of this chapter shall not apply and the adoption proceeding shall commence in the circuit court.
For adoptions under this section:
1. An order of reference, an investigation and a report shall not be made unless the circuit court in its discretion shall require 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 the need for an investigation, it shall refer the matter to the local director of the department of social services for an investigation and report, which shall be completed in such time 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
8
cases (
3 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).
T.S.G. v. B.A.S., 665 S.E.2d 854 (Va. Ct. App. 2008).
· cites it 14× “In turn, Code § 63.2-1242.3, which applies here, outlines the adoption proceeding where the period of time that the child has continuously resided with or been in the physical custody of the close relative, who is seeking to adopt the child, is three or more years.”
James Vega v. Katryn Naomi Vega (Va. Ct. App. 2024).
· cites it 29× “On appeal, grandparents challenge the circuit court’s construction of Code § 63.2-1242.3. For the following reasons, this Court finds that because the circuit court had jurisdiction to proceed with the adoption petition, it erred in sustaining the plea in bar.”
TSG v. Bas, 665 S.E.2d 854 (Va. Ct. App. 2008).
· cites it 14× “In turn, Code § 63.2-1242.3, which applies here, outlines the adoption proceeding where the period of time that the child has continuously resided with or been in the physical custody of the close relative, who is seeking to adopt the child, is three or more years.”
Joshua Johnson v. Sabrina Lowe (Va. Ct. App. 2025).
· cites it 8× “in the Tazewell County Juvenile and Domestic Relations District Court (JDR) under Code § 63.2-1242.3. Several weeks after father filed his paternity request, stepfather petitioned to adopt G.”
David Paul Jones v. William C. Bennett & Andrea Bennett (Va. Ct. App. 2009).
· cites it 4× “Father argues that (1) the trial court judge erred by failing to recuse himself; (2) Code § 63.2-1242.3 does not eliminate the requirement for parental consent in adoption proceedings; (3) the trial court erred in finding that father demonstrated a lack of desire to be involved…”
Jonathan Rae Huguley, Jr. v. Dawn Phoenix (Va. Ct. App. 2020).
“On March 20, 2019, Phoenix filed a petition for close relative adoption under Code § 63.2-1242.3. Huguley filed an answer requesting a denial of the petition.”
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