GENERAL INFORMATION REGARDING ADULT ADOPTIONS IN VIRGINIA
No consent is necessarily required from either birth parent in an adult adoption, so the termination of a birth parent’s rights comes into play in only limited circumstances. If there is reason to suspect that an adoptee over the age of 18 is not fit to give proper consent to the adoption, then the birth parents may oppose the adoption. But since there is not necessarily a notice requirement to the birth parents, they might not even know of the adoption proceeding in all situations. Of course, terminating the ties to a biological parent also will sever any inheritance rights from that parent as well.
QUALIFICATIONS FOR AN ADULT ADOPTION IN VIRGINIA.
In sum, to qualify for an adult adoption in Virginia, the adoptee
must meet one of the following requirements:
(1) A stepchild 18 years of age or over whom the petitioners have stood in loco parentis (like a parent) for a period of at least three months;
(2) A close relative, as defined in Virginia Code section 63.2-1242.1, 18 years of age or older;
(3) Any person 18 years of age or older who is the birth child of the petitioners or who has resided in the home of the petitioners for at least three months before becoming 18 years of age; or
(4) Any person 18 years of age or older, for good cause shown, provided the person to be adopted is at least 15 years younger than the petitioners, and the petitioners and the person to be adopted must have known each other for at least one year before filing the petition for adoption.
Whether a home study or report of investigation is required depends on the individual situation.
Learn more about Adoption and Surrogacy on our Broadcast page