Chap. 298.—An ACT to amend and re-enact Section 5333-e of the Code of Vir-
ginia, relating to interlocutory orders and final orders of adoption in proceedings
for the adoption of minor children. [H B 285]

Approved March 26, 1946

Be it enacted by the General Assembly of Virginia:

1. That section fifty-three hundred thirty-three-e of the Code of
Virginia be amended and re-enacted, as follows:

Section 5333-e. Interlocutory order.—(a) If, after considering
the report of the Commissioner, the court is satisfied that all of the re-
quirements of this chapter have been complied with, that the petitioner is
financially able and morally fit adequately to maintain, 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, shall en-
ter 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, and, if the petition includes a prayer for a
change of the child’s name and the court is satished that such change 1s
for the best interests of the child, that, upon entry of final order, the name
of the child shall be changed. An attested copy of every interlocutory or-
der of adoption shall be forwarded forthwith by the clerk of the court in
which it was entered to the Commissioner.

(b) If the child is legally the child by birth or adoption of one of
the petitioners, or if the child has been placed in the home of the petitioner
by a child placing agency and such agency certifies to the court that the
child has lived in the home of the petitioner continuously for a period of
at least one year next preceding the filing of the petition, and has been
visited by a representative of such agency at least once in every three
months during such year, or if the child has resided in the home of the
petitioner continuously for as much as five years immediately prior to the
filing of the petition for adoption, and is at least sixteen years of age at
the time thereof, and if the court is of the opinion that the entry of an
interlocutory order would otherwise be proper, the court may omit the
probationary period hereinafter provided for and the interlocutory order,
and enter a final order of adoption.

(c) The court may, by order entered of record, revoke its interlocu-
tory order of adoption at any time prior to the entry of the final order,
for good cause shown, on its own motion, or on the motion of the natural
parents of the child, or of the petitioner, or of the child himself by his next
friend, or of a child placing agency, or of the Commissioner; but no such
order of revocation shall be entered, except on motion of the petitioner,
unless the petitioner is given ten days’ notice of such motion in writing
and an opportunity to be heard or has removed from the State.

The clerk of the court shall forward an attested copy of every such
order to the Commissioner.

2. An emergency exists and this act is in force from its passage.