63.2-1220.4 - Jurisdiction to approve post-adoption contact and communication agreements. - Virginia Statutes

§ 63.2-1220.4. Jurisdiction to approve post-adoption contact andcommunication agreements.

A. Unless otherwise stated in the final order of adoption, the circuit courtof the jurisdiction in which the final order of adoption was entered shallretain jurisdiction to modify or enforce the terms of a post-adoption contactand communication agreement entered into pursuant to this article.

B. A birth parent or parents or adoptive parent or parents who have executeda post-adoption contact and communication agreement as described in thisarticle may file a petition with the circuit court of the jurisdiction inwhich the final order of adoption was entered:

1. To modify the post-adoption contact and communication agreement; and

2. To compel a birth or adoptive parent to comply with the post-adoptioncontact and communication agreement. The court may not award monetary damagesas a result of the filing of a petition for modification of or compliancewith the agreement. The court may modify the agreement at any time before orafter the adoption if the court, after notice and opportunity to be heard bythe birth parent or parents and the adoptive parent or parents, determinesthat the child's best interest requires the modification of the agreement.Before the court modifies an agreement or hears a motion to compelcompliance, the court may appoint a guardian ad litem to represent thechild's best interest.

C. The circuit court shall not grant a request to modify the terms of apost-adoption contact and communication agreement unless the moving partyestablishes that there has been a change of circumstances and the agreementis no longer in the child's best interest; provided, however, that nomodification shall affect the irrevocability of the adoption.

(2010, c. 331.)