How old do you have to be to adopt in Virginia?

Virginia's adoption statute does not state a minimum age for the person adopting. Va. Code § 63.2-1201 lets "any natural person who resides in the Commonwealth" petition to adopt a minor. The requirement is that you live in Virginia, not that you reach a particular birthday. Because the statute is silent on a minimum, ask the Circuit Court clerk in your county whether the judge expects anything more in your situation.

Residency. Virginia sets no minimum residency period under Va. Code § 63.2-1201. You need to be a Virginia resident when you file, but you don't have to have lived here for a set number of months.

Age gap for minors. We found no required age difference between the adopting adult and a minor child. Whether a judge looks at age differences in a particular case is something to confirm with the Circuit Court clerk or an attorney.

Adopting an adult. If the person you want to adopt is 18 or older, Va. Code Ann. § 63.2-1243 applies, and it also refers to "any natural person who is a resident." The adoptee must fit one of four categories:

• A stepchild you have stood in loco parentis to 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 gap applies only to that last category. The adoptee's own consent is required in every adult adoption. A home study is not made unless the Circuit Court decides to require one (Va. Code Ann. § 63.2-1244).

The child's age matters too. For a minor, the child's age can affect consent. In Virginia, the child's consent age is 14 (Va. Code § 63.2-1202).

What a stepparent adoption involves.

• Court: You file in the Circuit Court. Virginia has 133 counties and cities, and each clerk's office can tell you about local filing practices.
• Home study: Virginia allows abbreviated reviews for stepparents, and the home study is waived (Va. Code § 63.2-1242).
• Timeline: A stepparent adoption typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.
• Cost: Court filing fees run $150-$300, and the total is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

When to get extra help. If the other birth parent is contested, can't be located, or you are unsure how consent applies, talk to the Circuit Court clerk or a Virginia attorney about 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 the first child (or for one adult adoptee) and $99 for each additional child.