63.2-1206 - No parental presumption after revocation period expires. - Virginia Statutes

§ 63.2-1206. No parental presumption after revocation period expires.

If, after the expiration of the appropriate revocation period provided for in§ 63.2-1223 or § 63.2-1234, a birth parent or an alleged birth parentattempts to obtain or regain custody of or attempts to exercise parentalrights to a child who has been placed for adoption, there shall be noparental presumption in favor of any party. Upon the motion of any such birthparent or alleged birth parent, or upon the motion of any person or agencywith whom the child has been placed, the circuit or juvenile and domesticrelations district court, as the case may be, shall determine (i) whether thebirth parent or alleged birth parent is a person whose consent to theadoption is required and, if so, then (ii) pursuant to § 63.2-1205, whether,in the best interest of the child, the consent of the person whose consent isrequired is being withheld contrary to the best interest of the child or isunobtainable.

(1995, cc. 772, 826, § 63.1-220.7; 2000, c. 830, § 63.1-219.14; 2002, c. 747;2003, c. 467.)