Adult Adoption
[Virginia Code § 63.2-1243-63.2-1244]
In Virginia, an adult adoption occurs when a person who is age 18 or older is adopted. Consent is not needed from birth parents because the person being adopted is age 18 or older.
In order for an adult adoption to be granted in Virginia, one of the following requirements must be met:
- The person being adopted is a stepchild (18+ years old) and his/her stepparent acted as a parent for at least three months;
- The person being adopted is a “close relative” and is 18+ years old;
- The person being adopted is the birth child of the potential adoptive parent or lived in the home of the potential adoptive parent for at least 3 months before becoming 18; or
- The person being adopted can show good cause for the adoption, is 15 years younger than the potential adoptive parent, and has known the potential adoptive parent for at least 1 year.
The rules for adopting someone who is over 18 are simpler than those for adopting a minor. The party who wants to adopt the person is called the “petitioner.” The person being adopted is usually called the “adoptee.” The petitioner must be a Virginia resident.
Most people seek this form of adoption in order to recognize a parent-child relationship that has been in existence for some time. For example, some individuals may want to establish their step-child as their heir but will wait until after the child’s 18th birthday to avoid objections by the biological parent. Other individuals seek an adult adoption in order to establish inheritance rights. In addition, some people seek an adult adoption for disadvantaged persons in their care. The adult adoption process may establish eligibility for government benefits in this instance.