SB 209 — Adoption; award of damages, death by wrongful act.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E70 An Act to amend and reenact §§ 8.01-53 and 63.2-1215 of the Code of Virginia, relating to adoption;

R O [S 209] Approved LMarch L14, 2024 Be it enacted by the General Assembly of Virginia:

E § 8.01-53.

DA. the surviving spouse, children of the deceased and children of any deceased child of the deceased, and,) only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent's death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is priBarily dependent on the decedent for support or services and is also a member of the same household as0the grandchild, the award shall be distributed to the surviving spouse and such parent or parents oE (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200.

The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent's including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200.

For purposes of this section, a relative is any person relB.related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.

B.

For the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court of competent jurisdiction prior to his death.

Except where a final order of adoption is entered pursuant to § 63.2-1241, any person whose interest in the child derives from or through the birth parent or previous adoptive parent, including but not limited to grandparents, stepparents, former stepparents, blood relatives, and family members, shall, by final order of adoption, be divested of all legal rights and obligations in respect to the child including the right to petition any court for visitation with the child.

Any child adopted under the provisions of this chapter shall, from and after the entry of the interlocutory order or from and after the entry of the final order where no such interlocutory order is entered, be, to all intents and purposes, the child of the person or persons so adopting him, and, unless and until such interlocutory order or final order is subsequently revoked, shall be entitled to all the rights and privileges, and subject to all the obligations, of a child of such person or persons born in lawful entitled to testify in all cases civil and criminal, as if the adopted child was born of the adopting parent in lawful wedlock.

An adopted person is the child of 2an B.adopting parent, and as such, the adopting parent shall be entitled to testify in all cases civil and criminal, as if the adopted child was born of the adopting parent in lawful wedlock.

NothingB. in this section shall be construed to prohibit any child of a deceased person from receiving an award of damages in an action for death by wrongful act in accordance with the provisions of Article 5 (§ 8.01-50 et seq.) of Chapter 3 of Title 8.01 if such child is adopted after the death of the deceased person, provided that the parental rights of such deceased person were not terminated by a court of competent jurisdiction prior to his death.

Nothing in this section shall be construed to prohibit any child of a deceased person from receiving an award of damages in an action for death by wrongful act in accordance with the of 2 provisions of Article 5 (§ 8.01-50 et seq.) of Chapter 3 of Title 8.01 if such child is adopted after the death of the deceased person, provided that the parental rights of such deceased person were not terminated by a court of competent jurisdiction prior to his death.