In this answer · 3 sections
You are likely eligible if you meet these basic requirements for Virginia:
Checklist:
- [ ] You are legally married to the child's biological parent
- [ ] You have lived in Virginia for 6+ months (Va. Code § 63.2-1201)
- [ ] You are at least 18 years old (the adopting parent)
- [ ] You can pass a background check (no convictions of crimes against children)
- [ ] The other biological parent either:
- Will sign consent, OR
- Has had no meaningful contact with the child for 6+ months (abandonment), OR
- Is deceased (with death certificate), OR
- Has already had parental rights terminated by a prior court order
You are still eligible even if:
- You have a minor criminal record (non-child-related)
- You are not a U.S. citizen (legal residency is sufficient)
- You recently married (no waiting period after marriage)
- The child was born in another country
- The biological parent lives in another state or country
- You are in a same-sex marriage
Quick eligibility check:
Call (855) 924-0450 and we can tell you in a few minutes whether you qualify. Or complete the questionnaire at stepparentadoption360.com/portal/register — we review every submission and contact you if there are any eligibility concerns.
Stepparent adoption in Virginia at a glance
- Court
- Circuit Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $150-$300
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Virginia families we've helped
- 1,181
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