What if the biological parent lives in Virginia but I live in another state?

If you live in another state, the biological parent's Virginia address alone doesn't settle where you file. Virginia's adoption statute, Va. Code § 63.2-1201, allows a natural person who resides in Virginia to petition to adopt a minor. So if you live elsewhere, confirm with a Virginia Circuit Court clerk or an attorney whether Virginia or your home state is the right place to file. The answer depends on the facts of your family, including where the child lives.

If you and the child live in Virginia and the other parent lives elsewhere or in Virginia:

• Court: You file a Petition for Adoption in the Circuit Court for your county or city. Virginia has 133 counties and cities, and the clerk in yours can confirm local filing details.
• Residency: Virginia sets no minimum number of months you must have lived in the state. The statute simply refers to a petitioner who resides in Virginia (Va. Code § 63.2-1201).
• Consent: You'll need the biological parent's consent form, or a motion to dispense with consent, plus your spouse's consent to the adoption. A child who is 14 or older must also consent (Va. Code § 63.2-1202).
• Abandonment: Virginia refers to a six-month period when a parent's consent is at issue (Va. Code § 63.2-1202(H)). If the parent will not consent, that is a contested situation, so speak with an attorney about your specific case.
• Home study: Virginia waives the full home study for stepparents and allows an abbreviated review (Va. Code § 63.2-1242).

Serving a parent who lives in Virginia: Virginia allows personal service. If you truly don't know where the parent is, service by publication is allowed after a diligent search. Whether that fits your situation is a question for the clerk or an attorney.

If the parent signs consent willingly: A cooperative parent can complete the consent form.