If a long-term relationship between a stepparent and a child has been established, the stepparent can begin the stepparent adoption process. We file. Once the report is generated you'll then have the option to download it as a pdf, print or email the report. If an investigation is ordered, the circuit court shall forward a copy of the petition and all exhibits thereto to the local director and the provisions of § 63.2-1208 shall apply. Regardless of description, every type of adoption must follow a set of procedures set out in Virginia’s statutes and must observe all federal and international laws governing the placement of children. The adoption is filed with the Probate Court in the county where you reside. Stepparent Adoption. Procedurally, a step-parent adoption is quite simple if both birth parents and the adoptive parents all consent, or if a birth parent has died and the remarried birth parent and new spouse both consent. We’re a Richmond, Virginia law firm with clients from around the world. Disclaimer That's why, with few exceptions, a parent must consent to adoption before a child is legally placed with another family. It is only about adoptions when a stepparent wants to adopt the child of his or her spouse. You can complete your Virginia stepparent adoption. Stepparent adoption, however, doesn't need to be one of them. Adult adoptions usually involve family members, like a step-parent who has stood in loco parentis (in the place of the parent) for at least three months. For the purposes of this chapter, a "close relative placement" shall be an adoption by the child's grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, adult great uncle or great aunt, stepparent, adult stepbrother or stepsisters, or other adult relatives of the child by marriage or adoption. Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. You’ll need to obtain consent from the child’s noncustodial biological parent, or terminate their parental rights. Stepparent Adoption. The family of the other parent is still considered family of the child under Virginia law. This must be done in writing and under oath. Therefore, it is absolutely necessary to ensure that you have an experienced attorney on your side to make sure the adoption proceedings go off without a hitch. You may need to talk to a lawyer to make sure adoption is the best legal tool for your situation. Virginia adoption is a legal and social process that provides new parent (s) with the same obligations and rights as biological parents. Smith Strong is one of the few law firms in Virginia that specializes in stepparent adoption. This means you will hear more stories that might mislead you with your Virginia adoption application. Residency in West Virginia: You must be a resident of the State of West Virginia for 6 months prior to filing your adoption. Lead Counsel independently verifies Stepparent Adoption attorneys in Virginia Beach by conferring with Virginia bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions. How Do I File for Custody of My Kids in Virginia? A stepparent. Virginia Code § 63.2-1241 states that in cases in which the spouse of a birth parent or parent by adoption who is not the birth parent of a child wishes to adopt the child, the birth parent and his spouse may file a petition for adoption in the circuit court of the county or city where the birth parent and his spouse reside or the county or city where the child resides. The petition shall also state whether the petitioners seek to change the name of the child. Find a Virginia Beach Stepparent Adoption Attorney in your area . Adoption of child by spouse of birth or adoptive parent, Division of Legislative Automated Systems (DLAS). If you are considering adoption as prospective adoptive parents or an expectant mother in Virginia, you likely have questions about local adoption laws and processes. The child is over 14, agrees to the adoption, and has been living with the stepparent for five or more years. A step-parent adoption is one where termination of parental rights of one parent has occurred and a new parent, such as a new spouse is adopting the child. The adoption is filed with the Probate Court in the county where you reside. § 63.2-1242.1. 481, 482; 1987, c. 482; 1992, c. 607; 1995, cc. Stepparent Adoption » § 63.2-1241. If you are not the birth parent and you want to get legal custody of a child, adoption is one way to do it. 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