Virginia Adoption Laws

Adopting a child can be a wonderful and exciting experience. However, Virginia adoption laws are stringent. Before the court approves an adoption, it wants to make sure it’s in the best interest of the child and the adoptive family.

Whether you plan on petitioning the court for a stepparent, open, or non-agency adoption, the process can be daunting. If it's your first time considering adoption, the intimidation factor is difficult to overcome.

One way to make the process less difficult is to familiarize yourself with Virginia’s adoption laws and the adoption process itself. Here, we will discuss how the process works and provide links to other helpful resources.

Types of Adoption in Virginia

The first decision you must make if you’re considering adoption is the type of adoption you want to undertake. There are several types of adoptions, and the adoption process may vary depending on the route you intend to take.

The various types of adoptions available in the State of Virginia include the following:

• Stepparent adoption - If you have children and remarry, your new spouse may want to adopt your children. The process is simple if the other parent consents. If they refuse to surrender their parental rights, you must petition the court to terminate the parental rights of the birth father (presumed father) and birth mother. Virginia law treats stepparent adoptions as second-parent adoptions.
• Second-parent adoption - Before July 2021, an unmarried couple could not adopt a child together. They would first have to marry and then complete a second-parent adoption. This changed in July 2021 when the legislature amended the Code of Virginia Statute §63.2-1241, which allows a spouse or a “person with a legitimate interest” to adopt a child.
• Private adoption - If you’ve already arranged to adopt a child from someone in your family or social circle, a private adoption would suit your needs. This type of adoption, often called a non-agency adoption, doesn’t involve a licensed child-placing agency. You may hire an adoption professional or adoption law attorney to help with the private adoption.
• Foster adoption - If you’re a foster parent and want to adopt the child in your care, you can petition the local Department of Social Services. They will assist you through the adoption process and ensure that the adoption is best for both your family and the child.
• Relative adoption - Virginia Statute §63.2-1242.3 governs relative adoptions. These adoptions occur when a close relative or family member wants to adopt a relative. The legal process for a relative adoption is similar to any other adoption. However, if a child has lived with the petitioner for over two years, the adopting adult doesn’t need to complete a home study. The judge can sign the final order immediately or proclaim that the petitioner must submit an “Order of Reference.” This order requires a licensed child-placing agency or someone from the local Department of Social Services to visit the adoptive family’s home and confirm that the adopted child is transitioning well. They must do so within 60 days of the order. The judge will issue the final adoption decree once they submit the report to the court.
• Agency adoption - Although it's expensive, many prospective adoptive families use adoption agencies. These agencies can connect you with a child and offer multiple adoption services. They’ll be by your side throughout the adoption proceedings and help prepare you for the mandatory home study.
• Domestic adoption - A domestic adoption occurs within Virginia. Virginia honors out-of-state adoptions as well. All states must abide by the Interstate Compact, which dictates that they will recognize and respect adoptions that take place in other jurisdictions.
• International adoption - There is a growing trend toward choosing international adoptions. Many families believe their chances of adopting within the U.S. are low and look for alternate options. Other married couples and families want to adopt a child of the same ethnicity and culture. This is sometimes easier to do with an international adoption.

Differences Between Public and Private Adoptions

When deciding which type of adoption you want, it's important to understand the differences between a public and private adoption. If you want more control over the adoption process, you’ll want to pursue a private adoption. If cost is an issue, you may wish to apply for a public adoption through the state. Here's how the choice may affect your adoption process:

• Public adoption - These adoption cases involve a foster care adoption. Your local or state government will oversee the process and help match you with a child. The state will also appoint a social worker to your case to help with the home study and placement.
  • One advantage of a public adoption is that local and state resources will fund it, so your costs are minimal. The process is also much faster than a private adoption because you won’t have to worry so much about gaining the birth parent’s consent.
  • One of the downsides is that you don’t have much control over the adoption process. You will also likely adopt an older child or one with special needs. The state will be heavily involved post-adoption.
• Private adoption - A private adoption involves a private adoption agency that will help match you with a birth family looking to place their child for adoption. It often involves an attorney providing legal services throughout the adoption process.
  • One of the benefits of private adoption is that you have much more control over the process. You’ll also have the option of an open adoption, which is not often available with a public adoption.
  • One of the drawbacks of choosing this type of adoption is that it’s expensive. Not only will you have to pay the adoption agency, but you may also have to pay for the birth mother’s medical expenses.

Legal Requirements for a Virginia Adoption

Every state has laws governing the adoption process. Virginia is no different. To adopt a child in Virginia, you must meet specific legal requirements.

These requirements include, but are not limited to, the following:

• You must be at least 18 years old
• You must pass a criminal background check
• You must complete a home study
• You must undergo post-placement supervision (in most cases)
• You must have consent from the birth parents. If they do not consent, or if the prospective adoptive parents cannot locate them, they must petition the court to terminate their parental rights. This is difficult as the courts are reluctant to extinguish a parent’s rights regardless of the situation.

The Adoption Process in Virginia

Virginia adoption law allows for either agency placements or non-agency parental placement adoptions. Prospective parents must complete a six-month home residency before formally adopting the child. Upon completion of this residency period, the adoptive parents must petition the court and obtain consent from the agency to finalize the adoption.

The Virginia Department of Social Services maintains resources to help prospective parents navigate the public adoption process. These resources include a listing of children available for adoption in Virginia, an Adoption Inquiry Form, and a legal overview of the adoption process in Virginia.

Virginia Adoption Laws at a Glance

The finer points of adoption law vary from state to state. Virginia adoption laws, for instance, require a six-month home residency period before finalization. These laws also require that you obtain the adoptive child’s consent if they are over the age of 14.

The main provisions of Virginia adoption laws are listed below. For additional articles and resources, see FindLaw's Adoption section.

Disclaimer: Virginia state laws change often. Contact a Virginia adoption attorney or conduct legal research to verify current state laws.

Learn More About Virginia Adoption Laws From an Attorney

Adoption laws can be hard to understand and even harder to follow. Why not make the process much easier by having a legal expert on your side? Contact a skilled adoption attorney in Virginia today who can answer your questions and even represent you in adoption proceedings.

Virginia Adoption Laws: Related Resources

• Adoption Court Procedures FAQ
• Costs of Adopting: Fact Sheet for Families
• International Adoption Basics
• Children Available for Adoption - Virginia Department of Social Services
• Foster Care & Adoption - Virginia Department of Social Services