Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 63.2-1213.1 as follows:

§63.2-1213.1. Death of joint petitioner prior to entry of final order of adoption.

When married persons, or persons who were previously married and who are permitted to adopt a child pursuant to §63.2-1201.1, have jointly petitioned to adopt a child, and one of the petitioners dies before entry of a final order of adoption pursuant to §63.2-1213, the adoption may proceed in the name of both petitioners upon request of the surviving petitioner. Upon entry of a final order of adoption pursuant to §63.2-1213, the child shall be, for all intents and purposes, the child of both petitioners as provided in § 63.2-1215.