Stepparent Adoption in Virginia
Reviewed by DocDraft Legal Team - Virginia - Last updated October 6, 2026
In Virginia the stepparent and the parent they are married to file a joint petition in the circuit court of the county or city where they live or where the child lives, under Va. Code 63.2-1241(A), and the parent joins only to show consent. The other legal parent normally consents in writing, under oath. Without that consent there are two routes. Under Va. Code 63.2-1202(H), no consent is needed from a parent who, without just cause, has neither visited nor contacted the child for six months immediately before the petition is filed, proven by clear and convincing evidence, and that parent keeps the right to notice and to be heard. Under Va. Code 63.2-1203(A) and 63.2-1241(C), after notice, the court may grant the petition if it finds consent is withheld contrary to the child's best interests, weighing the factors in 63.2-1205, or is unobtainable. A child 14 or older must also consent unless the court finds the child's best interests are served by not requiring it.
Find out where you stand in Virginia
Where are you with adopting your stepchild?
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Can a stepparent adopt in Virginia without the other parent's consent?
Sometimes. Consent is not needed if, without just cause, the parent has neither visited nor contacted the child for six months immediately before filing, shown by clear and convincing evidence, and the parent may still be heard. Or, after notice, the court may find consent withheld contrary to the child's best interests under Va. Code 63.2-1205, or unobtainable.
Which court and which form are used for a stepparent adoption in Virginia?
File in the circuit court of the county or city where you and your spouse live or where the child lives, under Va. Code 63.2-1241(A). It is a joint petition, and your spouse joins only to show consent. Virginia has no statewide stepparent adoption petition form, so ask the circuit court clerk what the court expects.
Is a home study required for a stepparent adoption in Virginia?
Often not. Under Va. Code 63.2-1241(B), the court may grant the adoption without referring it to the local director of social services if, for example, the other parent has died or consents in writing and under oath. The court can still order an investigation in its discretion, and other cases are referred for a report.
At what age must the child consent to a stepparent adoption in Virginia?
Va. Code 63.2-1202(C)(3) requires the consent of a child who is 14 years of age or older, unless the circuit court finds that the child's best interests will be served by not requiring it. Like other consents, it must be in writing, signed under oath, and acknowledged before an officer such as a notary.
Virginia's joint petition, the six-month no-contact rule, and the best-interests route
Virginia stepparent adoptions are governed by Article 4 of Chapter 12 of Title 63.2 and heard in the circuit court. Under Va. Code 63.2-1241(A), the parent and the stepparent file a joint petition in the county or city where they live or where the child lives, the parent unites in it only to indicate consent, and the petition states whether you also want to change the child's name. Virginia publishes no statewide petition form, so the circuit court clerk is the place to ask about local requirements. The other legal parent's written consent, signed under oath and acknowledged before an officer, is the normal path. Without it, two routes exist. First, Va. Code 63.2-1202(H) removes the consent requirement for a parent who, without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition; you must prove this by clear and convincing evidence, the parent keeps the right to be noticed and heard, and child support payments alone do not count as contact. Second, under 63.2-1203(A) and 63.2-1241(C), the court may grant the petition if it finds consent is withheld contrary to the child's best interests, considering the factors in 63.2-1205, or is unobtainable, but only 15 days after personal service or 10 days after an order of publication is completed. A parent alleged to be withholding consent must get written notice of the right to counsel. When the other parent has died or consents under oath, among other cases in 63.2-1241(B), the court can skip the social services investigation, though it may still order one. A child 14 or older must consent unless the court finds it is in the child's best interests not to require it.
Relevant Laws
Code of Virginia 63.2-1202 (Parental consent required; exceptions)
Requires written consent under oath from the birth mother and from an acknowledged, adjudicated, presumed, or registered father, and from the child if 14 or older unless the court finds the child's best interests are served by not requiring it. Subsection H excuses a parent who, without just cause, has neither visited nor contacted the child for six months immediately before filing, proven by clear and convincing evidence, while keeping that parent's right to notice and a hearing.
Code of Virginia 63.2-1203 (When consent is withheld or unobtainable)
Lets the circuit court grant the petition without a required consent if, after considering the evidence, it finds consent is withheld contrary to the child's best interests under 63.2-1205, or is unobtainable, but only 15 days after personal service or 10 days after an order of publication is completed. The court must give a parent alleged to be withholding consent written notice of the right to counsel.
Code of Virginia 63.2-1241 (Adoption of child by spouse of birth or adoptive parent)
Sets the venue and joint petition for stepparent adoption. The court may order the adoption and name change without referral to the local director of social services when, for example, the other parent has died or consents in writing under oath, or after finding consent is withheld contrary to the child's best interests. The court may still order an investigation, and may waive a guardian ad litem.
Code of Virginia 63.2-1201 (Filing of petition for adoption; venue; proceedings)
Requires the petitioner to reside in Virginia, requires a full disclosure of how the child came to live in the home, requires the petition to be under oath when it seeks an order without referral for investigation, and adds a $50 filing fee for the Virginia Birth Father Registry.
Regional Variances
Virginia stepparent adoption requirements
Court
Circuit court of the county or city where the parent and stepparent reside or where the child resides (Va. Code 63.2-1241(A)).
Petition form
No statewide petition form. A joint petition of the parent and stepparent, with the parent joining only to indicate consent, stating whether a name change is sought (Va. Code 63.2-1241(A)), under oath if it seeks an order without referral for investigation (63.2-1201). Ask the circuit court clerk about local requirements.
Other parent's consent
Required from the birth mother and from an acknowledged, adjudicated, or presumed father, or one registered with the Virginia Birth Father Registry (Va. Code 63.2-1202(C)(1)). In writing, signed under oath, and acknowledged before an officer (63.2-1202(A)).
Proceeding without consent
Va. Code 63.2-1202(H): the parent, without just cause, has neither visited nor contacted the child for six months immediately prior to filing; clear and convincing evidence; parent keeps the right to notice and to be heard; child support alone is not contact. Or 63.2-1203(A) and 63.2-1241(C): consent withheld contrary to the child's best interests (63.2-1205 factors) or unobtainable, 15 days after personal service or 10 days after publication, with notice of the right to counsel (63.2-1203(C)).
Home study
Referral to the local director of social services may be skipped in the cases in Va. Code 63.2-1241(B), such as a deceased parent or a written consent under oath, or under 63.2-1241(C) after a best-interests finding. The court may still order an investigation in its discretion (63.2-1208).
Residency or waiting period
Petitioner must reside in Virginia (Va. Code 63.2-1201). No minimum marriage length. The court may omit the probationary period and interlocutory order when a petitioner is a stepparent (63.2-1210(2)).
Child's consent age
14 years of age or older, unless the circuit court finds the child's best interests will be served by not requiring it (Va. Code 63.2-1202(C)(3)).
Filing fee add-on
$50 Virginia Birth Father Registry fee added to the petition (Va. Code 63.2-1201), plus the clerk's filing fees.
Suggested Compliance Checklist
Identify whose consent is required and the route without it
Before filing days after startingList the birth mother, any father described in Va. Code 63.2-1202(C)(1), and the child if 14 or older. For a parent who will not sign, check 63.2-1202(H) (without just cause, neither visited nor contacted the child for six months immediately before filing, proven by clear and convincing evidence, with notice and a hearing) and 63.2-1203(A) (consent withheld contrary to the child's best interests under 63.2-1205, or unobtainable, after service).
Collect the signed consents
Before filing days after startingHave the other parent and a child 14 or older sign written consents under oath, acknowledged before an officer such as a notary (Va. Code 63.2-1202(A)). Note that a denial of paternity under oath and in writing also removes a birth father's consent requirement (63.2-1202(E)).
File the joint petition in circuit court
At filing days after startingFile the joint petition, signed by you and your spouse and under oath if you seek an order without referral for investigation, in the circuit court where you live or where the child lives. Pay the filing fees and the $50 Virginia Birth Father Registry fee, and supply the report of adoption information (Va. Code 32.1-262(B)).
Serve notice and respond to any investigation order
After filing days after startingServe any parent whose consent is missing by personal service, or by an order of publication if personal service is unobtainable (Va. Code 63.2-1203(A)). If the court refers the case to the local director of social services, cooperate with the investigation and report under 63.2-1208.
Confirm the child's new name and update records
After the final order days after startingIf the petition asked for a name change, the final order of adoption changes the child's name (Va. Code 63.2-1241). The clerk sends the adoption record to the State Registrar for the new birth certificate (Va. Code 32.1-262). A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify whose consent is required and the route without it | List the birth mother, any father described in Va. Code 63.2-1202(C)(1), and the child if 14 or older. For a parent who will not sign, check 63.2-1202(H) (without just cause, neither visited nor contacted the child for six months immediately before filing, proven by clear and convincing evidence, with notice and a hearing) and 63.2-1203(A) (consent withheld contrary to the child's best interests under 63.2-1205, or unobtainable, after service). | - | Before filing |
| Collect the signed consents | Have the other parent and a child 14 or older sign written consents under oath, acknowledged before an officer such as a notary (Va. Code 63.2-1202(A)). Note that a denial of paternity under oath and in writing also removes a birth father's consent requirement (63.2-1202(E)). | - | Before filing |
| File the joint petition in circuit court | File the joint petition, signed by you and your spouse and under oath if you seek an order without referral for investigation, in the circuit court where you live or where the child lives. Pay the filing fees and the $50 Virginia Birth Father Registry fee, and supply the report of adoption information (Va. Code 32.1-262(B)). | - | At filing |
| Serve notice and respond to any investigation order | Serve any parent whose consent is missing by personal service, or by an order of publication if personal service is unobtainable (Va. Code 63.2-1203(A)). If the court refers the case to the local director of social services, cooperate with the investigation and report under 63.2-1208. | - | After filing |
| Confirm the child's new name and update records | If the petition asked for a name change, the final order of adoption changes the child's name (Va. Code 63.2-1241). The clerk sends the adoption record to the State Registrar for the new birth certificate (Va. Code 32.1-262). A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the final order |
Frequently Asked Questions
Other Virginia guides
Adverse Possession in Virginia: One Statute, Five Court Made Elements, Fifteen Years
Asset Protection Planning in Virginia (2026)
Dealing With Debt Collectors in Virginia (2026)
Expunging a Criminal Record in Virginia (2026)
Filing a Workplace Harassment Complaint in Virginia
Filing Chapter 7 Bankruptcy in Virginia (2026)
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