Can You Adopt an Adult in Virginia?

Many people think adoption is only for children, but that’s not always the case. In Virginia, adult adoption provides a way to legally recognize relationships that already feel like family, whether between stepparents and adult stepchildren, close relatives, or long-time companions. Without family law recognition, these bonds may lack important protections, especially in areas like inheritance, decision-making rights, and long-term care.

If you’re considering adult adoption, you may be unsure where to start or whether you qualify. The process might seem complicated at first, but Virginia law does allow adult adoption under certain conditions. With the right information and guidance, it can be a manageable process. If you have questions or want legal support, the family law team at Randall, McClenney, Daniels & Dunn can help you take the next step with confidence.

Does Virginia Allow Adult Adoptions?

Yes, Virginia adoption laws allow for the adoption of an adult under certain conditions. A close relative adoption involving an adult typically requires that the adoptee be at least 15 years younger than the petitioner and that they have known each other for at least one year before filing.

These requirements are in place to prevent misuse of the adoption process, such as adopting someone for improper or unlawful purposes.

Under Virginia Code § 63.2-1243, an adult may be adopted if any of the following apply:

• They are a stepchild who is 18 years of age or older, and the petitioner acted in loco parentis (in place of a parent) for at least three months while the adoptee was a minor.
• They are a close relative as defined by law, including a grandparent, adult sibling, adult niece or nephew, or adult aunt or uncle.
• They are the petitioner’s biological child or lived in the petitioner’s home for at least three months before turning 18.
• They are not related but are at least 15 years younger than the petitioner, and the two have had a relationship for at least one year, with good cause shown for the adoption.

The adult being adopted must give voluntary consent. In most cases, consent from the birth parents is not required.

What Are the Legal Requirements for Adult Adoption in Virginia?

Under Virginia Code § 63.2-1243, an adult adoption in Virginia requires that the adoptee be at least 18 years old. If the adoption involves a former stepchild or someone who lived with the petitioner before turning 18, the petitioner must have acted in loco parentis (in place of a parent) for at least three months.

Virginia courts may request a home study or investigation report, but this is entirely at the judge’s discretion. In most uncontested adult adoptions, no such report is required.

To initiate the adoption, the petitioner, who must be a resident of Virginia, must file a petition in the appropriate circuit court. Required documents generally include:

• A completed petition for adoption
• The adult adoptee’s birth certificate
• A marriage certificate, if applicable
• A signed and notarized consent form from the adult adoptee

Why Adopt an Adult?

There are many valid reasons someone may choose to adopt an adult. Common motivations include both emotional and legal benefits, such as:

• Formalizing family relationships: Adult adoption legally recognizes relationships that already function as parent-child, including those between stepparents and stepchildren or other close relatives.
• Inheritance rights: Adopted adults are treated as legal children under Virginia law and may inherit from the adoptive parents’ estate. This can prevent disputes, especially when the adoptee is not biologically related.
• Identity and documentation updates: Adoption may allow the adoptee to change their legal name and obtain updated birth records and Social Security documents.
• Medical and caregiving authority: Adoption can provide the adoptive parent the legal ability to access medical records and make care decisions, which is particularly important when the adoptee has health challenges or limited family support.

How Does the Adult Adoption Process Work in Virginia?

Adult adoption in Virginia generally involves fewer steps than adopting a minor because it focuses on consent, not parental rights. For example, the birth parents’ rights do not need to be terminated, and a hearing is often not required.

To complete the adoption, the petitioner typically files the following with the circuit court:

1. Petition for adoption: Signed and notarized by the petitioner. In a stepparent adoption case, the petitioner and their spouse may file jointly.
2. Consent under oath by the adult adoptee: The document confirms that the adoptee agrees to the adoption.
3. Final order of adoption: Filled out by the petitioner, except for the judge’s section.
4. Civil Case Cover Sheet (Form CC-1416): Required for all civil filings.
5. Natural parent affidavit (optional): While not legally required, this affidavit may be included to show support from a birth parent.
6. Supporting documents: These may include the adoptee’s birth certificate and, if applicable, the petitioner’s marriage certificate.

After reviewing the documentation, the court may approve the adult adoption proceedings without a hearing. Once the final order is entered, the petitioner can submit a VS-21 form to update the adoptee’s birth certificate with Virginia Vital Records. This updated record is needed to obtain new identification, such as a driver’s license, passport, or Social Security card.

When finalized, adult adoption creates the same legal parent-child relationship as if the adoptee were a biological child.

Do I Need a Lawyer to Adopt an Adult in Virginia?

Although adult adoption is generally more straightforward than adoption of a minor child, obtaining legal advice can help prevent mistakes and streamline the process. Mistakes in the petition, missing documents, or failure to meet statutory requirements may delay or prevent approval.

An attorney can help you:

• Prepare and review required documents
• File paperwork with the appropriate court
• Represent you during hearings, if one is required
• Provide notary services
• Advise you on next steps, such as updating records and reviewing your estate plan

If you are considering adult adoption in Virginia, the family law team at Randall, McClenney, Daniels & Dunn can help you move forward with confidence. We assist clients across the Commonwealth in understanding the law, avoiding common obstacles, and completing the process efficiently.

Common Challenges in Virginia Adult Adoptions

Adult adoption may seem simple, but legal complications can still arise depending on the circumstances. Delays and challenges are more likely in situations such as:

• Disputes over consent or concerns about the adoptee’s mental capacity
• Inheritance questions or complex estate planning issues
• Adoption involving non-traditional family dynamics or blended households
• Uncertainty about legal eligibility or missing documentation

In these situations, having an experienced attorney can help avoid delays and keep the process on track. Randall, McClenney, Daniels & Dunn can provide clear guidance and dependable support if complications arise during your adoption case.

Why Clients Choose Randall, McClenney, Daniels & Dunn

The family law attorneys with Randall, McClenney, Daniels & Dunn, we are committed to helping Virginia families find legal solutions that fit their needs. Whether you are adopting a stepchild, formalizing a long-standing relationship, or creating legal protections for a loved one, we bring a practical, detail-oriented approach to every case.

Our firm is known for providing compassionate service, clear communication, and knowledgeable legal guidance throughout the adoption process. When you work with our team, you receive the support you need to move forward with confidence and care.

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Get Started on the Adoption Process Now

At Randall, McClenney, Daniels & Dunn we are here to help you take the next step toward building or formalizing your family. Whether you’re pursuing adult adoption, second-parent adoption, or another type of legal relationship, our attorneys can guide you through the legal process with care and clarity.

Call 757-742-6115 or fill out our contact form to schedule a consultation and learn how we can support your goals.