Who May Adopt, Be Adopted, or Place a Child for Adoption - Virginia

Date: January 2020

Who May Adopt

Citation: Ann. Code §§ 63.2-1201; 63.2-1201.1

Any of the following persons may adopt:

  • A resident
  • A person with custody of a child placed by a child-placing agency
  • An adopting parent of a child who was subject to a consent proceeding
  • Intended parents who are parties to a surrogacy contract
  • A husband and wife jointly
  • A stepparent

A man and woman previously married to each other who stood in loco parentis to a child during their marriage to each other, who could have adopted the child while married to each other, but whose marriage is void, has been annulled, or has dissolved, may adopt the child pursuant to the provisions applicable to married persons.

Who May Be Adopted

Citation: Ann. Code §§ 63.2-1200; 63.2-1243

The following persons may be adopted:

  • A minor child
  • A person age 18 or older under the following circumstances:
    • The adopted person is a stepchild to whom the petitioner has stood in loco parentis for a period of at least 3 months.
    • The adopted person is close relative.
    • The adopted person is the birth child of the petitioner or had resided in the home of the petitioner for a period of at least 3 months prior to reaching age 18.
    • For good cause shown, as long as the adopted person is at least 15 years younger than the petitioner, and the petitioner and the adopted person have known each other for at least 5 years prior to the filing of the petition for adoption.

Who May Place a Child for Adoption

Citation: Ann. Code § 63.2-1200

A child may be placed for adoption by any of the following:

  • A licensed child-placing agency
  • A local board of social services
  • The child's parent or legal guardian if the placement is a parental placement
  • Any agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates