What is the residency requirement for adoption in Virginia?

Virginia has no minimum length of residency for a stepparent adoption. The law does not set a number of months you must have lived in the state before filing. What matters is that you are a person who resides in Virginia. Va. Code § 63.2-1201 allows any natural person who resides in the Commonwealth to petition to adopt a minor.

What this means for you

• No waiting period: If you recently moved to Virginia, you do not have to wait out a set number of months before you can file.
• You do need to live in Virginia: The statute speaks of a person who "resides in the Commonwealth," so Virginia should be your home when you file.
• No stated minimum age: The statute does not state a minimum age for the person adopting.

Adult adoptions

If you are a stepparent adopting an adult (someone 18 or older), the wording is similar. The petitioner must be "a resident of this Commonwealth" under Va. Code Ann. § 63.2-1243. Adult adoptions have their own eligibility categories, and the adoptee's consent is required, so it helps to review those before you start.

Where you file

Stepparent adoptions in Virginia are filed in the Circuit Court. Virginia has 133 counties and cities, including Virginia Beach, Norfolk, Chesapeake, Richmond and Newport News, and each has its own clerk's office. The Circuit Court clerk in your county or city can confirm what proof of residence, if any, that court wants to see with your petition, as well as local filing procedures. If your situation is unusual, such as a recent move, time spent living outside Virginia, or a military assignment, ask the clerk or an attorney how it applies to you. Virginia has special provisions for military parents, and the details depend on your facts.

Other things to expect

• Home study: Virginia waives the home study for stepparent adoptions (Va. Code § 63.2-1242).
• Timeline: Stepparent adoptions in Virginia typically take 3-6 months. Adult adoptions typically take 4-8 weeks.
• Cost: Court filing fees run about $150-$300, and the total is typically under $1,000 when you file without an attorney. Attorneys commonly charge $3,000-$5,000+.

If a biological parent's consent is in question, or the case may be contested, the answer depends on the specific facts. An attorney or the Circuit Court clerk can address that for your family.

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 Virginia 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. Your court-ready documents are delivered within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 1181 Virginia families, and more than 34,000 families nationwide since 2001.