Adopting a Child in Virginia

A natural person living in Virginia (or who has custody of a child placed by a Virginia agency, among others) may petition the circuit court where the petitioner lives, where the placing agency is located, or where a birth parent consented. Married people must petition jointly. Written consent under oath is generally required from the birth mother, any acknowledged, adjudicated, presumed or registered father, any agency with custody, and the child if 14 or older (unless the court finds otherwise). Consent is not required from a birth parent who, without just cause, neither visited nor contacted the child for six months before the petition, proved by clear and convincing evidence. The court generally refers the case to a child-placing agency or local social services director for an investigation or visitation report before the final order. The petition includes an additional $50 fee for the Virginia Birth Father Registry (with some exceptions).

The parent and the parent's spouse file a joint petition in the circuit court where they or the child live; the parent joins only to show consent. The court may grant the adoption without referring it for investigation if, for example, the other parent is deceased, consents in writing under oath, denies paternity, or the child is 14 or older and has lived in the home for at least five years; an investigation and report happen only if the court decides one is needed. If the other parent refuses consent, the court decides whether consent is being withheld contrary to the child's best interests.