We have experienced an upsurge in our adoption practice from adult step children desiring to be adopted by  their step parents. This is the best present that the adult child could give his step parent and usually represents the formalizing of the existing relationship within the family. This type of adoption is very simple, provided there is agreement among the parties. No home study or investigation is required. What is required is a petition for adoption signed under oath by the step parent, a copy of the birth record of the adult to be adopted, a copy of the marriage license of the step parent and birth parent, the written consent under oath of the adult child, a cover sheet for filing, a VS-12 form reporting the adoption to the Bureau of Vital Records and a final adoption order.  We usually have the birth parent who is married to the step parent join in the petition to show their consent to the proceedings. (In addition to the attorney's fee ($750-1,000), there is a filing fee to the court of $89.)

Once the paperwork is signed and notarized, we file it in the jurisdiction where the step parent resides. Please note that if the step parent does not reside in Virginia, you cannot file the adoption in Virginia. Assuming all parties reside here in Virginia and sign the necessary documents, it is a matter of the court reviewing the documents to determine if the statutes are satisfied and entering the final adoption order.

At Perry Law Group, PC in this type of adoption, we guarantee that your paperwork will be ready for signature within five working days after receiving all of the necessary information and documentation. We also guarantee that your paperwork will be filed in court promptly upon receipt of the fully executed documents.

If you or someone you know would like to know more about step parent adoption or other adoption, you can click here to let us know how we can help you. Someone from this office will contact you promptly. 

Is there such a thing as common law adoption? 

No. In Virginia, adoption is "purely statutory." Historically, adoption was handled within the family or by the village or tribal community. The need for laws regulating adoption arose as a result of estate and inheritance disputes regarding adopted children and disputes over child custody.

Because adoption is "purely statutory," the statutory requirements must be strictly followed.

Yes, adoptions may be divided into the following categories: agency adoptions, step parent adoptions, and parental placement adoptions. There are differences in procedure depending upon what kind of adoption is needed.

There are also special provisions pertaining to the adoption of adults, interstate adoptions and international adoptions.

An agency adoption involves placement of a child by a licensed child placement agency after termination of the parental rights of the birth parents. This is the most common type of adoption.

A stepparent adoption occurs when a birth parent or adoptive parent of a child marries and wishes the new spouse to become the legal parent of the child. This type of adoption can be very easy if the other parent consents to the proceeding.

A parental placement adoption occurs when the birth parent or parents of a minor child decide to enter into an adoption plan with the prospect adoptive parent or parents of their choice.

It depends upon the type of adoption, and the facts of the case such as legitimacy and whether and how long the child has lived with the prospective adoptive parents prior to the petition for adoption and whether they are related to the child. Unless there are special circumstances such that various requirements and consents may be circumvented, it generally takes approximately ten months for the adoption process.

The 2006 General Assembly passed into law Section 63.2-1249, which established the Putative Father Registry (VPFR) with the Virginia Department of Social Services. The purpose of the registry is to protect the rights of a putative father who wants to be notified in the event of a proceeding for adoption of, or the termination of parental rights regarding a child he may have fathered.

Virginia has established a confidential database to protect the rights of a putative father who desires to maintain rights to children he may father; it provides a uniform way for putative fathers to be notified in the event of proceedings to terminate the parental rights of the putative father or for adoption.

The Virginia Putative Father Registry has no affect on adoption proceedings pertaining to legitimate children. With regard to illegitimate children, however, the Registry provides a uniform means of notification of proceedings for adoption or termination of rights to those fathers who have registered a desire for such notification and further provides a streamlined means of facilitating entry of an adoption order in those cases where the putative father has not registered.

Attorney Perry handled her first case using the Virginia Putative Father Registry last summer and was pleased and impressed at how rapidly she was able to process the adoption and obtain a final adoption decree using the registry to show that the putative father had failed to register. We were able to avoid having to issue an order of publication to notify the putative father of the adoption proceedings and after obtaining a certificate of search from the registry we were able to obtain entry of a final adoption order.

A man is considered a putative father if he may have fathered a child by a woman to whom is is not married; or a court has not determined that you are the child’s father; or you have not signed a written agreement acknowledging you are the child’s father; or you have not adopted the child.

The relationship between the child and the biological parents (and family) is terminated. The termination of the relationship severs the rights, responsibilities and obligations of the biological parents toward the child and severs the obligations of the child toward the biological parents. However, the adoption may or may not sever entirely the right of the adopted child to inherit from his or her birth parents, if they die without a will (intestate).

A key area of potential conflict is with regard to constitutional rights. Gender discrimination and denial of due process are two areas of litigation. Some people find the new putative father registry to be controversial, discriminatory and violative of due process. However, at this writing there are no cases successfully attacking the Virginia Putative Father Registry. The best way to avoid a problem is to obtain consent, to obtain it voluntarily and with adequate counseling and knowledge of the consequences of the consent.

Virginia law does provide that once six months pass since entry of the final adoption order, the order becomes final for all purposes and no attacks may be mounted against the adoption order.

If after reading over the foregoing questions and answers on adoption, you would like to contact us for further information, please click here.

This site is for general informational purposes only and is not intended to establish an attorney client relationship. If you are a prospective adoptive parent, or a putative father, or birth parent who is being asked to consent to adoption, you should consult an attorney for advice and information pertaining to your situation.

Copyright (c) 2007 by Perry Law Group PC. All rights reserved. You may reproduce materials from this site for your own personal use and for non-commercial distribution, provided all copies include this statement: this copyright material from the VA Law Talk website is reproduced with the permission of Perry Law Group, PC.