63.2-1203 - When consent is withheld or unobtainable. - Virginia Statutes

§ 63.2-1203. When consent is withheld or unobtainable.

A. If, after consideration of the evidence, the circuit court finds that thevalid consent of any person or agency whose consent is required is withheldcontrary to the best interests of the child as set forth in § 63.2-1205, oris unobtainable, the circuit court may grant the petition without suchconsent:

1. Fifteen days after personal service of notice of petition on the party orparties whose consent is required by this section;

2. If personal service is unobtainable, ten days after the completion of theexecution of an order of publication against the party or parties whoseconsent is required by this section concerning the petition;

3. If a birth parent is deceased, upon the filing of a death certificate fora deceased birth parent with the court; or

4. If the judge certifies on the record that the identity of any person whoseconsent is hereinabove required is not reasonably ascertainable.

An affidavit of the birth mother that the identity of the birth father is notreasonably ascertainable shall be sufficient evidence of this fact, providedthere is no other evidence before the circuit court that would refute such anaffidavit. The absence of such an affidavit shall not be deemed evidence thatthe identity of the birth father is reasonably ascertainable. For purposes ofdetermining whether the identity of the birth father is reasonablyascertainable, the standard of what is reasonable under the circumstancesshall control, taking into account the relative interests of the child, thebirth mother and the birth father.

B. If the child is not in the custody of a child-placing agency and bothparents are deceased, the circuit court, after hearing evidence to thateffect, may grant the petition without the filing of any consent.

(Code 1950, § 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603;1968, c. 578, § 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc.730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995,cc. 772, 826; 1999, c. 1028; 2000, c. 830, § 63.1-219.11; 2002, c. 747; 2009,c. 805.)