Bill Text: VA HB140 | 2024 | Regular Session | Enrolled
Bill Title: Adoption; award of damages, death by wrongful act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-03-14 - Governor: Acts of Assembly Chapter text (CHAP0069) [HB140 Detail]
Download: Virginia-2024-HB140-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§8.01-53 and 63.2-1215 of the Code of Virginia are amended and reenacted as follows:
§8.01-53. Class and beneficiaries; when determined.
A. 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 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
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. Provided, however However, no
parent whose parental rights and responsibilities have been terminated by a
court of competent jurisdiction or pursuant to a permanent entrustment
agreement with a child welfare agency shall be eligible as a beneficiary under
this section. For purposes of this section, a relative is any person related to
the decedent by blood, marriage, or adoption and also includes a stepchild of
the decedent.
B. The class and beneficiaries thereof eligible to receive
such distribution shall be fixed (i) at the time the verdict is entered if the
jury makes the specification, or (ii) at the time the judgment is
rendered if the court specifies the distribution.
C. A beneficiary may renounce his interest in any claim brought pursuant to §8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.
D. 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. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.
§63.2-1215. Legal effects of adoption.
A. The birth parents, and the parents by previous
adoption, if any, other than any such parent who is the husband or wife of one
of the petitioners, 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. 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. In all
cases the child shall be free from all legal obligations of obedience and
maintenance in respect to such persons divested of legal rights. 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 wedlock. An adopted person is
the child of an 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.
B. 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 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. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.
