Can a same-sex stepparent adopt in Virginia?

Yes, a same-sex stepparent can adopt in Virginia. Virginia's adoption statute lets "any natural person who resides in the Commonwealth" petition to adopt a minor (Va. Code § 63.2-1201), and stepparent adoptions are filed in the Circuit Court in your county or city.

What the process looks like. Under Code of Virginia Title 63.2, Chapter 12, the filing for a stepparent adoption generally includes:

• A Petition for Adoption
• Consent forms from the other parent, or a motion to dispense with that consent
• Your spouse's consent to the adoption
• Service on the other parent, either personally or by publication if their location is unknown after a diligent search

After filing, you attend a court hearing.

Residency. Virginia sets no minimum residency period. You need to be a Virginia resident under Va. Code § 63.2-1201, but there is no waiting time to meet first.

Consent from the child. If your stepchild is 14 or older, their consent is part of the process (Va. Code § 63.2-1202).

The other legal parent. The other parent either consents, or the court is asked to dispense with consent. Virginia's abandonment period is 6 months (Va. Code § 63.2-1202(H)). If the other parent is involved, objects, or cannot be found, the situation depends on your specific facts. Talk with the Circuit Court clerk or an attorney about that issue.

Home study. Virginia allows abbreviated reviews for stepparents, and the home study is waived (Va. Code § 63.2-1242). You are not required to go through a full home study.

Unmarried couples. If you and your partner are not married, whether an unmarried partner can adopt is not something we can confirm from Virginia's stepparent provisions. Ask the Circuit Court clerk in your county or city, or an attorney, how that situation is handled locally.

Timeline and cost.

• Timeline: Stepparent adoptions in Virginia typically take 3-6 months.
• Court filing fee: $150-$300.
• Typical total cost: Under $1,000 when you prepare the