Adoption

Adult Adoption in Virginia: Who Qualifies Under § 63.2-1243

Virginia lets a resident adopt someone who is already 18 or older, but only in the four situations listed in Va. Code § 63.2-1243. The case is filed in circuit court. The adult being adopted must consent, and neither birth parent's consent is required.

For the overview, see our guide to Virginia adoption law and the main adoption paths.

Who can file an adult adoption petition

Section 63.2-1243 says the petition may be filed in circuit court by “any natural person who is a resident of this Commonwealth.” The person filing is the petitioner, and the adult to be adopted is the adoptee. A business, trust or other organization cannot be the petitioner, and a person who lives outside Virginia does not meet the residence condition in this section.

The adoption process starts with a petition to adopt filed in the circuit court. Residence alone is not enough. The adoptee has to fit one of the four categories the statute lists, and the petition should say which one applies. If none of them fits, this section gives no route to an adult adoption.

The four situations § 63.2-1243 allows

Stepchild. The petitioner may adopt a stepchild 18 or older “to whom he has stood in loco parentis for a period of at least three months.” In loco parentis means acting in the place of a parent, for example providing a home, care and support.

Close relative. The petitioner may adopt an adult who is a close relative as defined in Va. Code § 63.2-1242.1. That definition covers a 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 stepsister, and other adult relatives by marriage or adoption.

Birth child or a former member of the household. The petitioner may adopt an adult who is the petitioner’s birth child, or who lived in the petitioner’s home for at least three months before turning 18.

Good cause. In other cases the court may allow the adoption “for good cause shown” if two conditions are met. The adoptee must be at least 15 years younger than the petitioner, and the two must have known each other for at least one year before the petition is filed. The statute does not define good cause, so the circuit court decides it from the facts presented.

Whose consent is needed

Adult adoptions follow the procedure for adopting a minor “as near as may be,” with two exceptions written into § 63.2-1243. First, no consent of either parent is required. Second, the consent of the person to be adopted is required in all cases, so the adult's consent to the adoption is part of every petition.

This is the main practical difference from a minor adoption. In a minor adoption, a birth parent’s consent, or a court finding that dispenses with it, is often the central issue. In an adult adoption the adoptee decides, and a birth parent cannot block the case by refusing consent.

Is a home study or investigation required?

Usually not. Va. Code § 63.2-1244 says that for adult adoptions “an investigation and report shall not be made unless the circuit court in its discretion so requires.” If the court does order one, it sends the petition and exhibits to the local director of social services, and the investigation rules in Va. Code § 63.2-1208 apply.

The statute leaves this decision to the court, so a petitioner cannot assume an investigation will never be ordered. Local practice and the facts of the case affect whether one is ordered.

What changes after the final order

The Code of Virginia treats the result like any other adoption. Section 63.2-1243 says any interlocutory or final order of adoption in an adult adoption has the same effect as other adoption orders, and that the word “child” in the rest of the adoption chapter refers to the adult being adopted. The general effects of adoption in Va. Code § 63.2-1215 therefore apply.

Under § 63.2-1215, the adopted person becomes, “to all intents and purposes,” the child of the adoptive parent, with all the rights and obligations of a child born to that parent. The birth parents and earlier adoptive parents are divested of their legal rights and obligations toward the adopted person. The exception is a parent who is married to one of the petitioners, which is why a stepparent adoption does not cut off the spouse’s own legal relationship with the adoptee.

A name change can be part of the same case. A final adult adoption order that includes a change of name “shall be deemed to meet the requirements of § 8.01-217,” Virginia’s general name-change statute, so no separate name-change case is needed.

Do you need a lawyer to adopt an adult in Virginia?

Va. Code § 63.2-1201 requires an adoption petition to be signed by the petitioner “as well as by counsel of record, if any,” so the Code does not make a lawyer mandatory. Because a final order permanently changes who the adult's legal parents are (§ 63.2-1215), a petitioner may still want advice on its effect before filing.

Points to check before filing

Identify which of the four categories applies and gather records that show it, such as proof of Virginia residence, a marriage record for a stepparent adoption, school or household records showing where the adoptee lived before turning 18, or evidence of how long the two of you have known each other.

Wills, trusts, insurance policies and public benefits each have their own wording and rules. Section 63.2-1215 sets the legal parent-child relationship, but the specific document or program decides how an adopted adult is treated under it. Read the current statute, check the circuit court clerk’s filing requirements, and get advice on your own situation before you rely on any of this.

Read the legal sources

Checked for this guide on November 14, 2026. Read the current source and case-specific instructions before acting.

For the wider picture, read the Virginia adoption overview.

Browse all practical Virginia family-law guides. For broader context, explore our family-law topics or legal-aid and referral resources.