Supreme Court of Virginia

Copeland v. Todd

September 16, 2011282 Va. 183

Summary

The Supreme Court of Virginia held that the six‑month period in Code § 63.2‑1202(H) refers to the six months immediately preceding the filing of the adoption petition and that the post‑2006 statutory scheme does not require a "detriment to the child" finding; it further held that the adoption statutes do not violate the Fourteenth Amendment due process or equal‑protection clauses and that the evidence supporting the adoption was sufficient, thereby affirming the Court of Appeals on the statutory issue and reversing it on the constitutional issues and reinstating the adoption decree.

Holding

  • Interpretation of Code § 63.2‑1202(H) six‑month period. The phrase "prior to" refers to the six months immediately preceding the filing of the adoption petition; Todd's June 21, 2007 visit fell within that period, so the statute required her consent.
  • Requirement of a "detriment to the child" finding after 2006 amendment. The General Assembly removed the statutory detriment requirement; courts are not required to find detriment to the child to grant adoption without consent.
  • Due‑process constitutionality of Code §§ 63.2‑1203 and 63.2‑1205. The statutes satisfy due‑process requirements because they compel consideration of parental fitness and other factors, providing more than a mere best‑interest finding.
  • Equal‑protection constitutionality of Code §§ 63.2‑1203 and 63.2‑1205. The statutes do not violate equal protection because Todd is not similarly situated to parents in state‑initiated adoptions under Code § 16.1‑283.
  • Sufficiency of the evidence supporting the adoption decree. The record contains sufficient evidence for the circuit court's factual findings and statutory application.

Docket 100929

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