Adult Adoptions

We sometimes are asked to help a client adopt an adult. The reasons vary.

One common reason is to make the person a legal heir with inheritance rights. In one case, the client wanted to adopt a step-child but waited until after the child’s 18^th birthday to avoid objections by the biological father. Another client wanted a disadvantaged person they had "taken under their wing since the age of 10" to be eligible for certain government benefits.

The rules for adopting someone who is over 18 are simpler than those for adopting a minor. The party who wants to adopt the person is called the "petitioner." The person being adopted is usually called the "adoptee." The petitioner must be a Virginia resident.

The focus of the statute (Virginia Code § 63.2-1243) is on the relationship between the parties. The relationships are:

Step-child - where the petitioner has had a parental relationship with them for at least three months.

Niece or nephew - if their parents are deceased and they have lived in the petitioner’s home for at least three months.

Biological child - the petitioner can adopt their own biological child.

A person who lived in the petitioner’s home for at least three months before they turned 18.

A person who is at least 15 years younger than the petitioner where the court finds "good cause" to approve the adoption and the parties have known each other for at least five years. In addition, the parties must both have resided in Virginia for at least two years. The two years are counted backward from the date the petition is filed.