What are Virginia's adoption laws?

Virginia stepparent adoptions are handled under Code of Virginia Title 63.2, Chapter 12, and you file your petition in the Circuit Court in your county or city. Virginia has 133 counties and cities, and each has its own Circuit Court clerk. Here is how the main rules work for a stepparent adoption.

Residency: Virginia sets no minimum residency period. Va. Code § 63.2-1201 lets a natural person who resides in the Commonwealth petition to adopt a minor. The statute states no minimum age for the person adopting.

Child's consent: A child who is 14 or older has a consent role in the adoption (Va. Code § 63.2-1202).

Parent consent and abandonment: Virginia's process uses consent forms, or a motion to dispense with consent when a parent's consent isn't obtained. The law sets a six-month abandonment period (Va. Code § 63.2-1202(H)). Whether it applies to your family depends on your facts. If the other parent is unreachable, objects, or has been out of the picture, talk with the Circuit Court clerk or an attorney about your specific situation. Virginia allows personal service on a parent, or service by publication if a parent's location is unknown after a diligent search.

Termination of rights: Virginia does not require a separate termination case. It is part of the adoption proceeding.

Home study: Virginia allows an abbreviated review for stepparents, so the full home study is waived (Va. Code § 63.2-1242).

Timeline and cost:

• A stepparent adoption typically takes 3-6 months.
• Court filing fees typically run $150-$300.
• Total cost when you file on your own is typically under $1,000. Attorney-handled adoptions often run $3,000-$5,000+.

Military parents: Virginia has special provisions for military parents. If one applies to you, ask the clerk how it affects your filing.

Adult adoption: If the person you want to adopt is 18 or older, the process is different, and the typical timeline is 4-8 weeks. The petitioner must be a resident of Virginia, and the adoptee must fit one of four categories set out in the statute.