Can both my spouse and I adopt each other's children from prior relationships in Virginia?

Yes. In Virginia, you and your spouse can each pursue a stepparent adoption of the other's child, and these adoptions are heard in the Circuit Court. Whether the court prefers that you file together or one after the other is a local question, so the Circuit Court clerk in your county or city can confirm it. Virginia has 133 counties and cities, and local practice can differ.

What each adoption involves:

• Court: The petition is filed in the Circuit Court under Code of Virginia Title 63.2, Chapter 12.
• Residency: Virginia has no minimum residency period. A petitioner must reside in the Commonwealth (Va. Code § 63.2-1201).
• Paperwork: Virginia requires a Petition for Adoption, consent forms or a motion to dispense with consent, and your spouse's consent to the adoption.
• Child's consent: The age for a child's own consent is 14 (Va. Code § 63.2-1202). If you have children in that age range, this applies to each adoption.
• The other parent: A child's other parent either consents or the court is asked to dispense with that consent. Virginia's abandonment period is 6 months (Va. Code § 63.2-1202(H)). If that parent is unknown, cannot be found, or objects, your situation depends on its facts, so ask the clerk or an attorney about that specific issue.
• Home study: Virginia waives the home study for stepparent adoptions (Va. Code § 63.2-1242).
• Serving the other parent: Virginia allows personal service, or service by publication if the parent's location is unknown after a diligent search.

Points to confirm with the clerk:

Your family has more moving parts than a typical stepparent adoption, because each of you is both a petitioner and a parent consenting to the other's adoption. Virginia law on how the court handles both adoptions in the same family, including whether they are combined or heard separately and in what order, should be confirmed with the Circuit Court clerk or an attorney. The clerk can also tell you how to request updated records from the Virginia Division of Vital Records once the adoptions are final.

Timeline and cost:

A Virginia stepparent adoption typically takes 3-6 months. Court filing fees generally run $150-$300, and the total cost is typically under $1,000 when you prepare and file the paperwork yourselves. Hiring an attorney commonly costs $3,000-$5,000+. Your clerk can confirm the exact fees for each petition in your county or city.