CODE OF VIRGINIA

ENTRY OF INTERLOCUTORY ORDER (§ 63.2-1209)

If, in the case of a direct parental placement adoption pursuant to § 63.2-1230
or in circumstances in which an interlocutory order is necessary in an agency
adoption, after considering the home study or any required report, the circuit
court is satisfied that all of the applicable requirements have been complied
with, that the petitioner is financially able to maintain adequately, except as
provided in Chapter 13 (§ 63.2-1300 et seq.) of this title, and is morally
suitable and a proper person to care for and train the child, that the child is
suitable for adoption by the petitioner, and that the best interests of the
child will be promoted by the adoption, it shall enter an interlocutory order of
adoption declaring that henceforth, subject to the probationary period
hereinafter provided for and to the provisions of the final order of adoption,
the child will be, to all intents and purposes, the child of the petitioner. If
the petition includes a prayer for a change of the child’s name and the
circuit court is satisfied that such change is in the best interests of the
child, upon entry of final order, the name of the child shall be changed. An
attested copy of every interlocutory order of adoption shall be forwarded
forthwith by the clerk of the circuit court in which it was entered to the
Commissioner and to the licensed or duly authorized child-placing agency or the
local director that prepared the required home study or report. The agency or
director shall, after receipt of the attested copy of the interlocutory order of
adoption, prepare a report of visitation pursuant to § 63.2-1212.If the circuit
court denies the petition for adoption and if it appears to the circuit court
that the child is without proper care, custody or guardianship, the circuit
court may, in its discretion, appoint a guardian for the child or commit the
child to a custodial agency as provided for in §§ 16.1-278.2, 16.1-278.3 and
64.2-1703, respectively.

HISTORY: Code 1950, § 63-352; 1954, c. 489; 1964, c. 429; 1968, c. 578, §
63.1-226; 1974, c. 507; 1975, c. 364; 1989, c. 647; 1991, c. 534; 1992, c. 607;
2000, c. 830, § 63.1-219.16; 2002, c. 747; 2009, c. 805.