Child Custody & Visitation
Custody is often the first step when a relative is raising a child, and it can lay the groundwork for a later adoption. See how Virginia decides custody under the best-interests factors.
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Virginia Adoption Lawyers
Adoption is one of the few areas of family law that ends in something joyful, a permanent legal family. Jacob and Drew guide Metro Richmond families through stepparent adoption, close relative and grandparent adoption, adult adoption, and the name changes that often go with them, so the paperwork is done right and the day in court is a celebration.
We respond the same business day. Most stepparent and relative adoptions are uncontested, and we make the process feel that way.
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Midlothian, Virginia
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Where we focus
The adoptions we handle in Virginia
Our adoption practice is built around the cases where a Virginia family lawyer makes the biggest difference: adoptions that grow an existing family. Here is where we spend our time, and what each one means.
01
Stepparent Adoption
A stepparent legally becomes the child's parent, alongside their spouse. The most common adoption we handle, and one Virginia law streamlines with a waived home study in most cases.
02
Close Relative & Grandparent Adoption
A grandparent, aunt, uncle, adult sibling, or other close relative who is raising a child can make that relationship permanent through Virginia's simplified close relative process.
03
Adult Adoption
You can adopt someone who is already 18 or older, often an adult stepchild or someone you raised, to make a lifelong bond legally official, including inheritance rights.
04
Name Changes
Adoption can change a child's last name as part of the order. We also handle standalone name changes for children and adults when a separate petition is the right path.
The one we do most
Stepparent adoption in Virginia
When you have raised your spouse's child as your own, stepparent adoption turns that everyday reality into a permanent legal one. You become the child's parent in every sense the law recognizes, with all the rights and responsibilities that come with it.
Virginia treats stepparent adoption differently from agency adoption, and that is good news for families. Because a parent is already in the home, the law lets the court move faster and skip steps that a stranger adoption would require. The stepparent and their spouse, who is the child's birth or adoptive parent, file a joint petition together, and the spouse's signature counts as consent to the adoption.
Under Virginia's stepparent adoption law, the court can approve the adoption without the full home study that agency adoptions require, and in many situations it can decide the case without the long waiting periods and interlocutory orders used elsewhere. The court can also waive appointing a guardian ad litem. What that means in practice is a process measured in months, not years, when everyone consents.
What the process looks like
Confirm consent and eligibility
We look at who the child's legal parents are, whether the other parent will consent, and whether Virginia law allows the adoption to proceed if they will not. This is the step that decides everything else.
Prepare and file the petition
You and your spouse file a joint petition in the circuit court where you or the child live. We assemble the consents, the child's records, and the supporting documents the court needs to move without delay.
Investigation, only if ordered
For stepparent adoptions the court orders a background investigation only if it decides one is needed. In most uncontested cases, it is waived, which is what keeps the timeline short.
Final order of adoption
The judge enters the final adoption order. The stepparent is now a legal parent, the child's birth certificate is amended, and the child's last name can be changed as part of the same order.
The other parent's consent is the whole ballgame. When both legal parents agree, a stepparent adoption is usually smooth and quick. When the other parent will not consent, the case becomes contested and the court has to decide whether it can proceed anyway. That is a different kind of case, and the next section explains when Virginia allows it.
A common and difficult question
Stepparent adoption without a biological parent's consent
One of the most common questions we hear is whether a stepparent can adopt when the child's other biological parent will not sign off. The honest answer is that Virginia law allows it in specific situations, but these are among the most contested cases in family law, and the outcome turns on the facts.
A court can move forward without the other parent's consent when one of these applies:
- Six months of no contact. The parent, without just cause, has neither visited nor contacted the child for at least six months before the petition is filed. Importantly, paying child support by itself does not count as contact.
- A written denial of paternity. A biological father has denied paternity in writing and under oath. After the child is 10 days old, that denial is final and cannot be taken back.
- Parental rights already ended. The parent's rights were previously terminated by a court, so no further consent is needed.
- Consent withheld against the child's interests. The court finds that withholding consent is contrary to the child's best interests, weighing the factors Virginia law sets out.
The six-month rule is the one families ask about most, and it is not as simple as counting days. In 2026 the Supreme Court of Virginia looked closely at what counts as just cause for a parent's absence and confirmed that courts examine all the relevant facts, including what actually caused the lack of contact. In that case, a parent could not rely on a no-contact order to excuse the absence when the parent's own conduct was the reason the order existed in the first place.
These cases are won on preparation. Whether a court proceeds without a parent's consent depends on evidence: dates, records, communications, support history, and testimony. If you are hoping to adopt a stepchild whose other parent will not consent, or you are a parent facing a petition to adopt your child, this is not a form to file alone. We will tell you honestly how the facts line up before you invest in the process.
If you are the parent facing an adoption petition
We also represent parents on the other end of an adoption, the ones fighting to keep their legal relationship with their child. If someone has petitioned to adopt your child, we will be straight with you: it is often an uphill battle, the deadlines are short, and there is little time to prepare. It is not hopeless. We can step in quickly to contest the adoption, hold the other side to the strict proof Virginia law requires before a parent's consent can be set aside, and fight to retain your legal status as a parent. Where the circumstances allow, we also work toward reunification with your child. The sooner you reach out, the more we can do, so do not wait on a petition you have been served with.
When family steps up
Close relative and grandparent adoption
Sometimes the person raising a child is a grandparent, an aunt or uncle, or an older sibling. When that arrangement has become the child's real and lasting home, Virginia's close relative adoption process lets you make it permanent.
Virginia defines close relative broadly. It includes grandparents and great-grandparents, adult brothers and sisters, adult aunts and uncles, adult great-aunts and great-uncles, adult nieces and nephews, and certain relatives by marriage. If you are the relative who has stepped in to raise a child, there is a good chance this simplified path is open to you.
How the case proceeds depends on how long the child has been with you:
- Two years or more. If the child has lived in your home and you have had continuous physical custody for at least two years, the adoption can go directly to the circuit court on a streamlined track. The court can waive the home study, the probationary period, and the guardian ad litem.
- Less than two years. If it has been under two years, the process usually begins in the Juvenile and Domestic Relations District Court, often as a custody matter first, before the adoption is finalized.
As with any adoption, you still need the birth parents' consent or a legal basis to proceed without it. The good news is that Virginia built this process specifically to recognize what has already happened in these families, so a stable, long-standing home with a relative is exactly the situation it is designed for.
It is never too late
Adult adoption in Virginia
Adoption is not only for children. Virginia lets a resident adopt a person who is already 18 or older, which turns a lifelong parent-child relationship into a legal one, complete with the inheritance rights and recognition that go with being family on paper.
Adult adoption comes up most often with an adult stepchild a stepparent helped raise, a relative, or a person who grew up in the petitioner's home. Because everyone involved is an adult, the process is simpler in one key way: no parental consent is required. What is always required is the consent of the adult being adopted. Virginia allows an adult adoption when the person is:
- A stepchild the petitioner has treated as their own child for at least three months.
- A close relative as Virginia defines that term.
- The petitioner's own birth child, or someone who lived in the petitioner's home for at least three months before turning 18.
- Any other adult, for good cause, as long as the petitioner is at least 15 years older than the person being adopted and the two have known each other for at least a year.
The proceeding follows the same general path as a minor adoption, as closely as the situation allows. For many families, adult adoption is a meaningful way to formally recognize a bond that has been real for years.
Often part of adoption
Name changes for children and adults
A name change often goes hand in hand with adoption, and it is one of the details families care about most. The good news is that when a name change is part of an adoption, it is usually simple.
Changing a child's name through adoption
When a Virginia court enters an adoption order, it can change the child's last name as part of that order. The amended birth certificate then reflects the new name. Because the name change is built into the adoption, you generally do not need a separate name-change case. This is the most common way a child's name changes, and we handle it as part of the adoption itself.
Changing a child's name on its own
Sometimes a name change is needed outside of an adoption, for example when a grandparent or parent wants to change a child's surname without adopting. In that situation you file a name-change petition in the circuit court where the child lives. When both parents are living, the other parent is given notice and a chance to object, and the court decides whether the change is in the child's best interests. We handle these petitions, including the ones that grandparents and relatives bring.
Adult name changes
An adult can petition to change their own name by filing in the circuit court where they live. Most straightforward adult name changes are granted, as long as the request is not being made to defraud anyone or to escape a debt or obligation. If you need a name change alongside an adult adoption, we can address both together.
Straight talk
Adoptions we do not handle, and where to turn
We believe in being clear about what we do best. Our focus is on adoptions that grow an existing family: stepparent, close relative and grandparent, and adult adoptions, along with the name changes that go with them. Those are the cases where we can move quickly and add the most value.
Some adoptions run on a different track. Agency adoptions, foster-care adoptions through the Department of Social Services, and international adoptions typically involve a licensed child-placing agency and a full home study, and often other professionals and timelines. Those are not our core practice.
If your situation falls on that side, or you are not sure which category fits, reach out anyway. We will tell you honestly whether it is something we handle, and if it is not, we will point you toward the kind of agency or resource that can help. You should not have to guess where to start.
Keep reading
Related family law topics
Adoption often touches other parts of family law. These resources cover what frequently comes up alongside it.
Who handles your case
Two partners and a dedicated team.
Jacob and Drew personally lead every matter alongside their paralegal. The people you meet are the people preparing your petition and standing with you in court, not a name on the door.
Jacob E. Smith
Managing Partner
With over fourteen years of family law experience, handling adoptions on both the simple and the contested end, from uncontested stepparent and relative adoptions to cases where a parent's consent is in dispute.
Full bio
Drew Ashcraft
Partner
Licensed in Virginia since 2022, Drew brings a steady, detail-driven approach to adoption cases, getting the consents and documents right so an uncontested adoption stays on the fast track and reaches the finish line.
Full bio Common questions
Virginia adoption, answered.
In a Virginia stepparent adoption, the stepparent and their spouse, who is the child's birth or adoptive parent, file a joint petition in the circuit court where the parents or child live. The spouse's signature on the petition serves as consent. The other legal parent usually must consent as well, unless their consent is not required, for example because their parental rights were already terminated or because they have not visited or contacted the child, without just cause, for at least six months.
Stepparent adoptions are streamlined. The court can waive the full home study and, in many cases, decide the matter without the delays required in agency adoptions. When the adoption is granted, the stepparent becomes a full legal parent and the child's birth certificate is amended.
Sometimes, yes. Virginia law lets a court proceed without a biological parent's consent in specific situations: if that parent, without just cause, has not visited or contacted the child for at least six months before the petition is filed, and paying child support alone does not count as contact; if a biological father has denied paternity in writing and under oath; if his parental rights have already been terminated; or if the court finds that withholding consent is contrary to the child's best interests.
In 2026 the Supreme Court of Virginia confirmed that whether a parent had just cause for their absence is a fact-specific question that looks at everything going on, including what caused the lack of contact. These cases are among the most contested in family law, so the outcome depends heavily on the specific facts and how the evidence is presented.
Yes. Virginia has a close relative adoption process for grandparents, great-grandparents, adult siblings, adult aunts and uncles, and certain other relatives. If the child has lived in the relative's home and the relative has had continuous physical custody for at least two years, the case can proceed directly in circuit court on a simplified track, and the court can waive the home study, the probationary period, and the guardian ad litem.
If the child has lived with the relative for less than two years, the process usually begins in the Juvenile and Domestic Relations District Court first. As with any adoption, the birth parents' consent, or a legal basis to proceed without it, is required.
Yes. A Virginia resident can petition to adopt a person who is 18 or older. This is common for adult stepchildren, for a relative, or for someone the petitioner raised or has a long-standing parent-child relationship with. No parental consent is required for an adult adoption, but the adult being adopted must always consent.
For an adult who is not a stepchild, relative, or former household member, the court can approve the adoption for good cause when the petitioner is at least 15 years older than the person being adopted and the two have known each other for at least a year. Adult adoption creates a permanent legal parent-child relationship, including inheritance rights.
It can. When a Virginia court enters an adoption order, it can change the child's name as part of that order, and the amended birth certificate reflects the new name, so a separate name-change case is usually unnecessary.
If you want to change a child's name outside of an adoption, you file a name-change petition in the circuit court where the child lives. When both parents are living, the other parent is given notice and a chance to object, and the court decides whether the change is in the child's best interests. Adults can also petition to change their own name.
An uncontested stepparent adoption in Virginia often finishes in a few months, because the law allows the court to waive the full home study and shorten or skip the usual waiting periods. The timeline depends on the court's schedule, whether the other parent consents, and how quickly the required documents are gathered.
When the other parent will not consent and the case is contested, it takes longer, because the court has to resolve the consent question first, which may involve a hearing and evidence. Getting the paperwork right the first time is the single biggest factor in keeping an uncontested adoption on the faster track.
Tell us about your adoption.
Whether you are adopting a stepchild, a relative, or an adult, or you just want to know where to start, the more you share, the more useful our callback will be. Everything you tell us is confidential, and we respond within one business day. If a court date or a filing deadline is involved, please let us know.
Prefer to talk it through? Call or text us and we will point you in the right direction.
Thanks. We've got it.
A member of our team will reach out within one business day. If your matter is time-sensitive or you have a court date coming up, please call (804) 773-1751 .
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