Can an elderly stepparent adopt in Virginia?

Yes. In Virginia, an older stepparent can petition to adopt, as long as they are a natural person who resides in Virginia (Va. Code § 63.2-1201 and Va. Code Ann. § 63.2-1243). The statutes we rely on describe who may petition by residence and do not state a minimum age. If you have a question about an age-based limit, the Circuit Court clerk in your county or an attorney can confirm it for your situation.

Adopting an adult stepchild. This is where many older stepparents look first. The adoptee must be 18 or older and fit one of four categories. The one most relevant to stepparents is:

• A stepchild to whom you have stood in loco parentis for at least 3 months.

The other categories cover a close relative (see Va. Code Ann. § 63.2-1242.1), your birth child or someone who lived in your home for at least 3 months before turning 18, and any adult for good cause shown. The good-cause category requires the adoptee to be at least 15 years younger than you and for you to have known each other at least 1 year before filing.

Consent. The adult adoptee's consent is required in every case. Under Va. Code Ann. § 63.2-1243, no consent from either of the adoptee's parents is required. The statute does not separately address a petitioner's spouse. Married persons petition jointly under Va. Code Ann. § 63.2-1201, but applying that to adult adoptions is an inference, so ask the clerk how your county handles it.

Home study and hearing. For adults, a home study is not made unless the Circuit Court, in its discretion, requires one (Va. Code Ann. § 63.2-1244). The hearing is not expressly addressed for adult adoptions. The proceedings conform as near as may be to minor adoption proceedings, so ask the clerk what to expect.

Residency. You must be a resident of Virginia. There is no minimum length of residency.