Chap. 172.—An ACT to amend and re-enact Section 5333-d of the Code of Vir-
ginia relating to consent of certain persons in adoption cases. [H 301}

Approved March 9, 1944

Be it enacted by the General Assembly of Virginia:

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

Section 5333-d. Parental consent, et cetera——No petition for adop-
tion shall be granted by the court unless there be written consent thereto,
signed and acknowledged before an officer authorized by law to take
acknowledgments and filed with the petition, or, when consent is re-
quired to be given by the Commissioner, filed at any time before the
granting of the petition. Such consent shall be signed and acknowledged
by the child if fourteen years of age or older, and (1) by both parents
if they are both living, or (2) by the living parent if one of the parents
is dead, or (3) by the mother in the case of a child born out of wedlock,
or (4) by one parent if the other has deserted, neglected or cruelly abused
the child, or is insane, or if the consent of the other parent, for any reason
deemed satisfactory by the court, is not necessary in the circumstances
prevailing as disclosed by the evidence, or (5) by a child placing agency
in case the parental rights of both parents have been terminated by any
court of competent jurisdiction, or by other legal means, and the child has
been lawfully placed under the care and custody of the agency, or (6)
by the Commissioner in any condition of fact not hereinabove provided
for. In the event one or both parents whose consent is hereinbefore re-
quired cannot be found after a reasonable investigation, the consent of
the parent or parents shall not be required, but consent by the Commis-
sioner shall be suffcient. In any case when the custodial rights of one
parent have been terminated by a court of competent jurisdiction, or
the child is under the care and custody of a child placing agency, the
court may grant a petition for adoption without the consent of the par-
ent who has lost custody of the child or without the consent of the child
placing agency, if, after hearing evidence, the court finds that the con-
sent is withheld contrary to the best interest of the child; and notice
to the parent having lost custody or to the child placing agency shall be
given unless the court, in its discretion, by order directs otherwise.