
Virginia Online Adoption Attorney
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Whether you are a stepparent, second parent, or looking to adopt an adult, the process may be one that can be done online and save you time and money.
While not all instances of adoption are smooth sailing, it may be possible that the type of adoption you are looking for is.
Contact the family law team at Montagna Law to see how we can help streamline your online adoption.
Online Virginia Adoption Services We Handle

With the help of a family law attorney, you may be able to go through the process of adoption smoothly. Keep in mind that every custody case is a bit different, whether you are going through the divorce process or there is an opposing party working against your good intentions. Having a law firm by your side is a critical step. Our attorneys take on a wide range of adoption cases, including:
- Adult adoption: This process involves adopting a person who is 18 years of age or older who resided in your home for at least three months prior to turning 18.
- Stepparent adoption: If the stepparent wishes to adopt a child, and the biological parent is unknown or unwilling to consent, the stepparent must obtain a court order to waive the otherwise required consent of the biological parent.
- Second-parent adoption: A second-parent adoption allows same-sex couples to adopt a child in Virginia.
The Virginia laws related to adoption are critical to understand and can be complex.
Process for Adult Adoption
An adult adoption falls under Virginia Code § 63.2-1243. For an online adult adoption, A Petition for Adoption, a copy of the adoptee’s birth certificate, a final order of adoption, and the appropriate Vital Statistics form must be submitted to the court. Additionally, the basic information about the birth parent, the adoptive parent, and the adoptee must be submitted to the court.
Our adoption attorneys draft all of the necessary paperwork for this process after receiving it from you.
Consider the following scenarios under which an adult adoption may be possible in Virginia:
- If a stepparent wishes to adopt a stepchild who is 18 years of age or older, they must have stood in loco parentis for at least three months, meaning the stepparent lived with the adoptee for at least three months prior to their 18th birthday. This method does not require a biological parent’s consent.
- Adoption of a close relative of 18 years of age or older is allowable. A close relationship could include the child’s grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, great-uncle or aunt, a stepparent, or an adult step-brother or step-sister.
- Any person over the age of 18, if you can show good cause, as long as the adoptee is at least 15 years younger than the adoptive parent and has known each other for at least a full year prior to filing the petition.
In all of these cases, the adoptee must consent to the process.
Process for Stepparent Adoption

In Virginia, the noncustodial parent is not permitted to sign over rights to a stepparent. It is possible for one parent to sign a consent for the stepparent to adopt the child. Virginia wants each child to have two parents, even if that means one parent is not involved in the child’s life.
By allowing an actively involved stepparent to adopt the child, the court’s opinion is that the child’s best interests are then better served by having two actively involved parents.
In situations where the noncustodial parent signs a consent form, the stepparent adoption may be done online. Otherwise, working with an adoption attorney through the production of documents and legal proceedings is critical.
In situations where one of the parents is deceased, as long as the surviving parent has a death certificate for the deceased parent, the stepparent adoption should be able to be completed online.
Consent of 14+ Year Old Minor
In the adoption process, if a child is 14 years or older, written consent must be provided by the child agreeing to the adoption plan. Your attorney can draft the consent form to compile with all necessary laws and requirements.
National Background Check
Also important in the case of a stepparent adoption is that the adoptive parent must complete a National Background Check through the Federal Bureau of Investigation (FBI). This is a requirement under the Virginia Code.
Copies of Documents
You will need to submit copies of several documents to adopt as a stepparent. This includes:
- Your marriage certificate
- The minor child’s certificate of birth
- A certified copy of all existing court orders concerning the minor child, if applicable, including any related to parental rights, child support, or other documentation
Process for Second Parent Adoption
There are some situations where a simple second-parent adoption may be completed online. For example, if a child was conceived through IVF or IUI, it will require the written release of the facility you used as a component of the adoption records. In situations where the donor is known, you will need their written release for the adopted child to be adopted by the second parent.
Why Work With Montagna Law
Whether you are just considering adoption or have thought about it for a long while, recognizing your rights and the legal process in Virginia is critical. By working with our online adoption attorney in Virginia, you gain the confidence you need to work through the online adoption process. With years of experience, we know what the court expects as well as what our clients need to achieve the outcome they desire when allowable under the law.
Client Testimonials
“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” – Constance H.
“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.
Ready to Grow Your Family?
Hiring a family law attorney could provide you with the guidance you need to navigate the adoption process. It can be beneficial to work with an attorney for legal guidance throughout the online adoption process. Contact Montagna Law by calling 877-622-8100 or fill out our contact form online now.

Written By Jon Montagna
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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Frequently Asked Questions
Individuals who wish to use an online adoption service may find it to be a faster process with fewer requirements. When it is applicable to your situation, it may allow you to have all of the adoption resources you need without the delays that can come from the traditional process.
Traditional adoption tends to be a bit more pricey, and it takes longer. In some situations, it is a necessary step, but not in all. Online adoptions are also only available in certain circumstances and may not be an option in your situation. Speaking to a family law attorney about your rights and objectives can be quite helpful in determining which method to use.
The adoption process in all forms can take some time. Typically, it can take nine months or longer for each of the necessary steps to occur. This includes contact and orientations, training, a home study, obtaining medical records, and more.
If the noncustodial parent has already signed a consent form before the adoption is filed, the adoption itself should take about two to three months as long as everything else is in order.
In situations where one of the parents is deceased, and the surviving parent has a copy of the death certificate, the online adoption should take between two and three months to complete.
The overall cost of an adoption ranges widely based on the type of adoption and other factors, including:
- Private adoption expenses
- Domestic adoption costs vs. international adoption costs
- Foster to adoption expenses
In addition to this, families should think about the ongoing cost of childcare, legal fees, administrative fees, travel expenses, and home study related costs.
Virginia is a closed adoption state. That means there are restrictions on who can access the adoption files. The court may also elect to seal those records in various situations.
Do You Need Family Law Help?
Our aggressive attorneys are here to fight for your rights.
Contact us today at 877-622-8100
or complete our online form.