Can a step-grandparent adopt a grandchild in Virginia?

Yes, a step-grandparent who lives in Virginia may petition the Circuit Court to adopt a grandchild, because Va. Code § 63.2-1201 lets "any natural person who resides in the Commonwealth" petition to adopt a minor. How the rest of the process applies to a step-grandparent depends on your family's facts, and a few points are best confirmed with the Circuit Court clerk in your county or city.

Where you fit:

• A stepparent is married to the child's parent. A step-grandparent is married to the child's grandparent, so the stepparent provisions may not apply to you in the same way.
• Virginia's abbreviated review and home study waiver are described for stepparents. Whether the court would waive or require a home study for a step-grandparent is something the clerk or an attorney should confirm.
• Because you are married, ask the clerk whether your spouse needs to join your petition.

Residency: Virginia sets no minimum residency period. You simply need to reside in the Commonwealth, as Va. Code § 63.2-1201 describes.

Consent and parental rights:

• If your grandchild is 14 or older, Virginia sets the child consent age at 14 (Va. Code § 63.2-1202).
• Virginia uses a 6-month abandonment period (Va. Code § 63.2-1202(H)). Whether it matters in your case depends on the situation of the child's parents.
• Who else must consent, or whether a parent's rights must end first, depends on your facts. This is especially true if a parent is deceased, unknown, absent or disagrees. Please check with the clerk or an attorney about that specific issue.

If your grandchild is 18 or older: Virginia permits adult adoption in certain situations, and the adoptee's consent is required.