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Step-Parent Adoptions

In Virginia, a step-parent who wants to adopt their spouse’s child can do so under a simplified procedure that does not require an investigation. The statute permitting this is Virginia Code § 63.2-1241.

The situations where this is allowed are:

Where the child’s other parent is deceased.

Where the child’s other parent consents to the adoption.

Where the child’s parent adopted the child while he or she was single so there is no second parent who would need to consent.

Where the identity of the father is unknown and cannot be ascertained.

Where the person the mother says is the father denies paternity.

Where the child is fourteen or older and has lived in the home of the step-parent for at least five years.

Even in these situations, however, the circuit court judge can still require an investigation before a final order of adoption is entered.