Does my stepchild need to attend the adoption hearing in Virginia?
VirginiaIt depends on the child's age and the judge's preference in your Virginia counties/citie.
If the child is 14 or older:
- The child's consent is required (Va. Code § 63.2-1202)
- The judge will typically want to speak with the child at the hearing
- The child should attend unless the judge approves an alternative (like a signed consent form filed in advance)
If the child is under 14:
- The child's consent is NOT legally required
- Whether to bring the child is generally your choice
- Many families bring the child because it is a celebration
- Very young children (infants, toddlers) can come or stay home — either is fine
- Some judges love seeing the whole family; others are neutral
Our recommendation:
- Bring the child if possible — it makes the day special and memorable
- The hearing is warm and positive (15–30 minutes)
- Many judges take photos with the family
- Children of all ages often enjoy the experience
- If the child has school, ask for an excused absence — this is a significant family event
If the child absolutely cannot attend:
- For children 14+, a signed consent form filed in advance may suffice (check with your counties/citie clerk)
- For younger children, their absence is generally not an issue
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