Adoption builds families and helps children in need. While the requirements for adopting a child are broadly similar across the U.S., there are important differences in the law in every state. Let’s take a closer look at the requirements for adopting a child in Virginia.
Types of Adoption
Agency and parental placement adoptions of children generally fall into two broad categories: adoptions of newborns from placing parents who have opted to make an adoption plan and adoptions of older children typically who are in the care of the state foster system. There also are other non-agency types of adoption such as relative, step-parent, second parent, and adult adoptions. And there is a process for re-adopting or adopting from foreign adoptions or guardianships.
States enforce strict minimum requirements on exactly who can adopt a child by agency and parental placement adoptions including relative adoptions of children in the relative’s home for less than two years. While it’s ultimately up to placing parents to choose the prospective parents, states require local social services departments or licensed child-placement agencies to ensure that parents adopting children meet specific requirements.
Let’s take a look at both the minimum state standards for who can adopt a child in Virginia and some of the additional standards required for agency and parental placement adoptions of minors including relative adoptions where the child has been in the home less than two years.
Who May Adopt a Child?
In general, any adult may adopt a child. In Virginia, this is defined as any individual over the age of 18 years. More specifically, under Virginia state law, you can choose to adopt if you are:
- A single individual
- A married couple
- A spouse or long-term domestic partner of an existing parent
- A grandparent, close relative, or former spouse or partner who can show a continuing “legitimate interest” in a child’s wellbeing
- A person who has custody of a child placed in them by a state-licensed adoption or foster care agency
- A person seeking to adopt an individual older than 18 who is legally able to consent to their own adoption
- Intended parents who are parties to a surrogacy contract (These are extremely rare, unless it is a step parent adoption in conjunction with the parentage action.)
These rules are broadly in line with adoption requirements throughout the U.S., but let’s look at some specific ways that Virginia law regulates who can adopt.
Unmarried Couples
The current law in Virginia does not allow unmarried couples from adopting jointly. Instead, a child must be adopted individually by one of the adoptive parents. However, the state’s “second parent” adoption law allows the other unmarried partner or parent to apply for equal adoptive rights to a child, but only after the initial adoption is finalized.
Single Individuals
Single adults can adopt in Virginia, including unmarried partners in domestic partnerships. Married individuals can also adopt even if when legally separated if the estranged spouse consents. Even a divorced couple can achieve a step-parent or second parent adoption after the fact if they failed to accomplish the adoption during the marriage.
Same-Sex Couples
Same-sex couples are now able to adopt in Virginia under the same rules as heterosexual couples—that is, that they are married. While Virginia’s constitution still bans same-sex marriage, the State Law Code has been amended to bring legislation in line with the 2015 U.S. Supreme Court ruling that requires states to recognize and authorize same-sex unions.
Close Relative Adoptions
Many adoptions are intended to allow grandparents, other relatives, or a former spouse or partner who has a strong existing relationship with a child or their family to care for a child. Virginia’s definition of close relative adoptions has been expanded in recent years and includes step relatives as well as more distant relatives.
Second Parent Adoptions
Under a recent revision, long-term domestic partners, step-parents, grandparents, and others with a “legitimate interest” in a child’s well-being can complete a “second parent” adoption. The revision allows a caregiver to become a legal adoptive parent of the child without affecting the existing adoptive or birth parent’s rights to the child.
Adult Adoptions
Adult adoptions allow a child over 18 to be adopted by one or two people. This is usually done to give legal standing to an existing long-term relationship that the child already has. Since these adult children are able to consent legally to their adoption, some requirements—including that the adoptive parents be 15 years older than an adopted child—might be waived.
State Residency Requirements
Adoptive parents do not have to be and are not required to have been residents of Virginia to accomplish an adoption if other requirements are met. However, without meeting the other requirements, then typically the adoptive parents will need to have resided for at least six months before filing a petition to adopt.
Other Requirements for Adopting a Child
Prospective parents looking to adopt from foster care or in a parental placement or relative adoption with child in home for less than two years also are usually required to:
- Complete a clean background check: In Virginia, as in other states, anyone seeking to adopt needs to pass a stringent background check. A criminal history, particularly involving violent crime or crimes against children, will likely exclude you from adopting.
- Prove sufficient financial means to care for an adopted child including food, clothing, housing, and educational costs for the child as they grow to adulthood.
- Complete a home study, including interviews and home visits both before and after taking legal custody of the child. The home study also will require medical clearances, references from others, a home visit and other requirements. This is to ensure the child is fully cared for in a safe and supportive home environment.
- Undertake training, including CPR and first aid classes, plus instruction to allow them to meet any special educational, medical, or behavioral needs the adopted child may have.
The Right Choice for Your Family
Clear, up-to-date legal advice is essential if you’re considering adoption as a way to grow your family and assist a child in need.
Like many states, Virginia’s adoption law is evolving to meet the needs of a changing society. Colleen M. Quinn is a recognized expert on Virginia family law and a licensed Virginia adoption attorney. As founder of Quinn Law Centers’ Adoption and Surrogacy Law Center, she has helped many families navigate successful adoptions in the state with care and compassion.
Contact us today to see how Quinn Law Centers can help make your adoption dreams a reality, or click below to learn more about adoption in Virginia.