What Documents Must Be Filed for a Step-Parent Adoption in the Virginia Circuit Court?

Stepparents who adopt their stepchildren gain full parental rights.

In Virginia, a person married to a birth or adoptive parent is considered to be the stepparent of the child. The stepparent may file a request to legally adopt the child. If this request is granted, the stepparent gains complete parental rights over the child and will be eligible to apply for custody if the couple subsequently separates or divorces.

Petition for Adoption

The first document required for a stepparent adoption is a Petition for Adoption. This document must be filed with the Virginia circuit court in the family's place of residence. Only one petition is required, even if the adoption involves more than one child. The petition is a formal request to adopt a child who is not biologically related.

Order of Reference

This document usually accompanies the petition for adoption, and is a court order for the local social service agency to investigate and report back on the stepparent and his request for adoption. In some cases, the court may waive the investigation; in those cases, the order of reference is rescinded.

Consent

If the child is over 14 years old, he must consent in writing to the adoption. The child's other biological parent must also give consent unless he has already revoked parental rights. The parent in the relationship with the stepparent may give consent or may join the petition for adoption, in which case consent is assumed. In all cases, written consents must be signed, dated and notarized.

Social Services Report

Where this requirement is not waived, the local social service agency must file a report detailing its investigation into the adoption request (as directed by the order of reference). The report outlines the financial and physical health of the stepparent, his "moral suitability," the circumstances of the child's parents (including financial situation, health, attitude and suitability for parenthood), the results of a home study, and other information relevant to the adoption request.

References

• Virginia Department of Social Services: Adoption - Non-Agency Placements