How do I adopt my stepson or stepdaughter in Virginia?

You adopt your stepchild in Virginia by filing a petition for adoption with the Circuit Court, getting the required consents (or asking the court to dispense with them), and attending a court hearing, which typically takes about 3-6 months. The rules come from Code of Virginia Title 63.2, Chapter 12.

Where you file: Stepparent adoptions are filed in the Circuit Court. Virginia has 133 counties/cities, so the clerk's office in your locality can tell you about local filing procedures and forms.

Residency: Virginia has no minimum residency period for the person adopting (Va. Code § 63.2-1201). The clerk can confirm how the court applies this in your case.

Step by step:

• Petition: You file a Petition for Adoption with the Circuit Court.
• Consents: Your spouse, the child's parent, must consent to the adoption. You also file consent forms from the others whose consent is needed, or a motion to dispense with consent.
• Your stepchild's consent: A child who is 14 or older must consent (Va. Code § 63.2-1202).
• Notice to the other parent: If the other birth parent must be notified, Virginia allows personal service. If you truly don't know where that parent is, service by publication is allowed after a diligent search.
• Hearing: You attend a court hearing, where the judge reviews the case and can finalize the adoption.

If the other parent won't consent or is absent: Virginia's abandonment provision uses a period of 6 months (Va. Code § 63.2-1202(H)). Whether your situation qualifies depends on the specific facts, so please ask the Circuit Court clerk or an attorney about your case. Virginia also has special provisions for military parents, which the clerk can explain if they apply to you.

Home study: Virginia allows abbreviated reviews for stepparents, and the home study is waived for stepparent adoptions (Va. Code § 63.2-1242). You can confirm with the clerk how your judge handles this.

Cost: Court filing fees typically run $150-$300, and the total cost of a stepparent adoption done without an attorney is typically under $1,000. Attorney representation commonly costs $3,000-$5,000+.

After the adoption: Once the court enters the final order, the Virginia Division of Vital Records is the agency to contact about updating your child's birth record. The clerk can tell you what paperwork to bring.

Adopting an adult stepchild: If your stepchild is 18 or older, Virginia permits adult adoption, with a different process. The adoptee must consent, and the petitioner must be a Virginia resident. One category covers a stepchild to whom the petitioner has stood in loco parentis for at least 3 months. Adult adoptions are also filed in the Circuit Court and typically take about 4-8 weeks.

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 Virginia locality. You then file it yourself, without an attorney.