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Can You Adopt an Adult in Virginia?

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Key Takeaways

  • Online adult adoptions in Virginia are possible if specific criteria are met.
  • People often pursue adult adoptions for many different reasons, some being familial while others being practical.
  • Working with a knowledgeable and experienced Virginia family law attorney can help support you throughout the entire adult adoption process and assist with filing and filling out the forms correctly.
Two older adults and a younger woman sit close together, smiling and sharing a moment of affection outside on a sunny day.

Many people immediately connect the word “adoption” with bringing minor children into a loving family, but you might be surprised to hear family law includes adult adoptions as well.

Everyone needs the love and support of a family. Adult child adoptions empower people to form legally recognized families, regardless of age. In Virginia, an adopted adult is more common than you might think.

The rules associated with adult adoptions are not as complex as those for becoming a child’s legal parent, but you must meet specific requirements. A skilled Virginia adoption attorney can guide and support you through the process.

How Does Adult Adoption Work?

Adult adoptions in Virginia are allowed under VA § 63.2-1243 when certain conditions are met; the following scenarios apply.

  • A stepchild currently 18 years or older to whom the petitioners have “stood in loco parentis for at least three months” (in place of a parent) when the child was a minor
  • A close relative of the adult by individuals outlined under VA 63.2-1242.1
  • An individual 18 years or older who resided in the petitioner’s home for a minimum of three months before turning 18 (this covers individuals not related biologically or through marriage)
  • A person 18 years or older for good cause, but the adoptee must be at least 15 years younger than the petitioner (they must have known one another for at least a year before filing for adoption)

The adoption petition should be filed in circuit court by a Virginia resident. Generally, no consent from the birth family is required for adult adoptions. However, consent of the individual being adopted is necessary.

Why Would Someone Adopt an Individual Over the Age of Eighteen?

Two men are smiling and sitting on a couch, appearing to enjoy a pleasant conversation in a bright, indoor setting.

Adult adoptions occur for many reasons, either personal or practical. Common reasons for Virginia adult adoptions include the following.

  • Validate and formalize an existing familial bond
  • Legal inheritance rights (avoid contested situations)
  • Legally make a name change (and obtain a new birth certificate and Social Security card)
  • Gain ability to provide long-term care if the adoptee has special needs
  • Obtain access to the adoptee’s medical records and make medical decisions
  • Provide care and support to an adult without family to help
  • Step-parents legally adopting stepchildren

Once the adult adoption is approved, the petitioner gains all parental rights and responsibilities, similar to those of biological parents in a legal parent-child relationship.

What Do You Need to Do to Adopt an Adult Online in Virginia?

The primary thing needed to petition for the adoption of an adult in Virginia is the consent of the minor who is about to become an adult or the person who is already 18. Once permission is obtained, take these next steps.

  • Submit a signed and notarized Petition for Adoption
  • Supply a copy of the adoptee’s birth certificate
  • Provide a copy of the petitioner’s current marriage certificate (if applicable)
  • Complete a home study or report of investigation (if requested)
  • File a Consent Under Oath by Adult Adoptee form, signed and notarized
  • Receive Final Order of Adoption, which should be completed in full and notarized
  • Include form CC-1416, the Civil Case Cover Sheet for filing civil actions
  • File forms with the appropriate Circuit Court clerk
  • Provide the proper Vital Statistics form to update the adoptee’s legal documents

Other items include basic information about the birth parent, the adoptive parent, and the adoptee. This is rare, but the adult adoptee’s spouse occasionally needs to consent.

How Can Montagna Law Help With Adult Adoption?

Two people, likely family, are smiling and looking at a laptop screen together in a brightly lit, modern kitchen.

Montagna Law is highly experienced in handling family law cases in Virginia, including adult adoptions. After you receive your information, our office will draft all the required paperwork. Our law office handles several types of online adoptions in Virginia, including adult adoptions, step-parent adoptions, and second-parent adoptions.

Why Work With Montagna Law

Clients often choose Montagna Law for their legal needs because they can count on our attorneys to support them every step of the way. Our lawyers have decades of legal experience and are highly versed in Virginia code. We pride ourselves on providing personalized attention and transparency in every case.

When you work with Montagna Law, you can rely on good communication. You won’t feel left in the dark or wonder how your case is going. You have access to our legal team when you need it.

Testimonials

“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. He was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation” – Tyler.

“I would recommend Sam to anyone. Very empathetic. She has a friendly staff on her team. Been working together 2 years and never felt rushed or that she didn’t have time. She is a good attorney, she cares and she tries for you. Fun and easy to talk to but turns into the beast you need to fight for you in court. Sam is wonderful.” –Kara L.

Don’t Hesitate to Contact Us for All Questions About Adult Adoption

The legal team at Montagna is well-versed in adoption laws, and we understand the emotions and difficulties often accompanying family court situations. To ease the situation, we work hard to simplify the process and make it as convenient as possible for you.

In some cases, we can complete the entire process online. For your convenience, our law firm also provides notary services. To schedule a consultation about your Virginia adult adoption case and receive legal advice, contact Montagna Law at 877-622-8100 or fill out our online contact form.

Montagna Law proudly serves the entire Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Hampton, Newport News, Portsmouth, and Suffolk.

Frequently Asked Questions

How Quickly Can Someone Adopt an Adult in Virginia?

Generally speaking, if all paperwork is in order and requested documents submitted, the adult adoption process takes two to three months.

If I Want Someone to Inherit My Estate, Do I Have To Adopt Them, or Can I Name Them in My Trust or Will?

Heirs are legally identified to inherit property if no will or trust is created. A beneficiary is lawfully named as a recipient of a decedent’s assets. If you do not adopt the adult in question, you must name them as a beneficiary.

So, yes, you can name someone in your trust or will if they are not your child or related. However, you risk your wishes and their inheritance rights being contested after your death.

What Happens if the Person I am Trying to Adopt Lacks the Mental Capacity to Consent to Adoption?

Since adult adoptions in Virginia require the adoptee’s consent, you should speak with a knowledgeable family law lawyer who will know how to approach the situation.

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.

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