How do I adopt an adult in Virginia?

You adopt an adult in Virginia by filing a petition in the Circuit Court, as a Virginia resident, for someone who is 18 or older, fits one of the situations the law allows, and consents to the adoption. The rules for adults are in Code of Virginia Title 63.2, Chapter 12, and the process is usually much quicker than a child adoption.

Who can adopt: The petitioner must be a natural person who lives in Virginia (Va. Code Ann. § 63.2-1243). Virginia sets no minimum residency period, and no minimum age for the petitioner is stated.

Who can be adopted: The adoptee must be 18 or older and fit one of these situations:

• A stepchild to whom you have stood in loco parentis for at least 3 months.
• 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.
• Any adult, for good cause shown, if the adoptee is at least 15 years younger than you and you have known each other at least 1 year before filing.

The 15-year age gap applies only to that last situation.

Consent: The adoptee's consent is required in every case. Consent from either of the adoptee's parents is not required (Va. Code Ann. § 63.2-1243). The statute does not separately address a petitioner's spouse. Married people must petition jointly under Va. Code § 63.2-1201, but whether that applies to an adult adoption is an inference, so ask the Circuit Court clerk or an attorney if you are married.

Home study: A home study is not made unless the Circuit Court, in its discretion, requires one. If the court requires it, the home study rules apply (Va. Code Ann. § 63.2-1244).

Steps in practice:

• Confirm the adoptee fits one of the situations above.
• Complete the petition and the adoptee's consent.
• File in the Circuit Court in your county or city. Virginia has 133 counties and cities, so each clerk's office may have its own filing details.
• Ask the clerk whether a hearing will be scheduled. Article 5 does not expressly address a hearing for adults. Proceedings follow minor adoption procedures as near as may be, so the clerk can tell you what your court does.
• Receive the court's final order.

Timeline and cost: Adult adoptions in Virginia typically take 4-8 weeks. Court filing fees generally run $150-$300, and the total typical cost is under $1,000, compared with $3,000-$5,000+ when hiring an attorney. Your clerk can confirm the exact fee.

When to get individual help: If your situation is unusual, such as a disagreement among family members or doubt about which situation you fit, the Circuit Court clerk can explain local procedure, and an attorney can advise on your specific facts.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for one adult adoptee, and your court-ready documents arrive within 24-48 hours after you finish the questions. We offer a 100% court acceptance guarantee and have helped 1181 Virginia families, and 34,000+ families nationally since 2001.