Can I adopt my stepchild who is a newborn or infant in Virginia?

Yes. In Virginia, a stepparent can petition the Circuit Court to adopt a stepchild, including a newborn or infant. Virginia lets a natural person who resides in the Commonwealth petition to adopt a minor (Va. Code § 63.2-1201), and a baby is a minor. What matters most with an infant is consent from the other legal parent, not the child's age.

Residency: Virginia sets no minimum residency period. You need to reside in Virginia (Va. Code § 63.2-1201), so you can file as soon as your paperwork is ready.

Consent from the child: Virginia's child consent age is 14 (Va. Code § 63.2-1202). A newborn is far below that age, so the baby's own consent is not part of the picture.

Consent from the other parent: This is usually the main question with a very young child. A Virginia stepparent adoption packet generally includes:

• A Petition for Adoption
• Consent forms, or a motion asking the court to dispense with consent
• Your spouse's consent to the adoption

Virginia's abandonment period is 6 months (Va. Code § 63.2-1202(H)). Whether it could apply with a baby, or whether the other parent's consent can be skipped, depends on the facts of your case. That includes whether the other parent is known, involved, or cannot be found. For that kind of question, ask the Circuit Court clerk in your county or an attorney about your specific situation.

Notice to the other parent: If the other parent's consent is not being given, Virginia allows personal service. If their location is unknown, service by publication is allowed after a diligent search. Virginia also has special provisions for military parents.

Home study: Home studies are waived for stepparent adoptions (Va. Code § 63.2-1242), and Virginia allows abbreviated reviews for stepparents. That keeps things simpler for a family with a new baby.

Timeline and cost:

• Typical step