What are the adoption laws in Virginia?

Virginia's adoption laws are in Code of Virginia Title 63.2, Chapter 12, and for a stepparent adoption you file a petition in the Circuit Court in your county or city, with no minimum residency period before you can file.

Who can file: Va. Code § 63.2-1201 allows a natural person who resides in Virginia to petition to adopt a minor. Virginia has no minimum residency period, and no minimum age for the adopting person is stated in the statute.

Where you file: Adoptions go through the Circuit Court. Virginia has 133 counties and cities, and each clerk's office can tell you about local filing details.

Consent:

• A child who is 14 or older must consent to the adoption (Va. Code § 63.2-1202).
• Your paperwork will generally include consent forms from the people whose consent applies, or a motion to dispense with consent, along with your spouse's consent to the adoption.
• Virginia sets a 6-month abandonment period (Va. Code § 63.2-1202(H)). If the other parent has not been in the child's life, how that applies depends on your specific facts, so check with the Circuit Court clerk or an attorney.

Home study: Virginia waives the home study for stepparent adoptions (Va. Code § 63.2-1242), which is a big reason these cases move more simply than other adoptions.

Notice to the other parent: Virginia allows personal service. If a parent's location is unknown, it allows service by publication after a diligent search. Virginia also has special provisions for military parents. If your situation involves either, ask the clerk or an attorney how it applies.

Timeline and cost: A stepparent adoption in Virginia typically takes 3-6 months. Court filing fees run about $150-$300, and the total typical cost is under $1,000, compared with $3,000-$5,000+ when hiring an attorney. After the adoption, the Virginia Division of Vital Records is the agency that handles birth record questions.

Adult adoption: Virginia also permits adult adoption, which typically takes 4-8 weeks. The person being adopted must be 18 or older and must consent. Under Va. Code Ann. § 63.2-1243, no parent consent is required for an adult adoption. The petitioner must be a Virginia resident, and the adoptee must fit one of the categories in the statute. These include a stepchild the petitioner has stood in loco parentis for at least 3 months, a close relative, the petitioner's birth child or someone who lived in the petitioner's home for at least 3 months before turning 18, or another adult for good cause shown. A home study is not made unless the Circuit Court chooses to require one (Va. Code Ann. § 63.2-1244). For how these rules apply to a particular adult adoption, confirm with the cl