{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1241.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1241.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1241.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1241.html"}],"law_id":62936,"edition_id":1,"section_id":62936,"structure_id":16043,"section_number":"63.2-1241","catch_line":"Adoption of child by spouse of birth or adoptive parent or other person with legitimate interest","history":"Code 1950, \u00a7 63-356.1; 1950, p. 626; 1956, c. 300; 1968, c. 578, \u00a7 63.1-231; 1974, c. 421; 1975, c. 364; 1977, c. 526; 1979, c. 339; 1986, cc. 481, 482; 1987, c. 482; 1992, c. 607; 1995, cc. 772, 826; 2000, c. 830, \u00a7 63.1-219.48; 2002, c. 747; 2006, cc. 825, 848; 2007, cc. 606, 623; 2010, c. 306; 2012, c. 424; 2021, Sp. Sess. I, c. 252; 2022, c. 377.","full_text":"A\n\nIn cases in which the spouse of a birth parent or parent by adoption or a person with a legitimate interest who is not the birth parent of a child wishes to adopt the child, the birth parent or parent by adoption and such parent’s spouse or other person with a legitimate interest may file a petition for adoption in the circuit court of the county or city where the birth parent or parent by adoption and such parent’s spouse or other person with a legitimate interest reside or the county or city where the child resides. The petition shall be the joint petition of the birth parent or parent by adoption and such parent’s spouse or other person with a legitimate interest, but the birth parent or parent by adoption shall unite in the petition for the purpose of indicating consent to the prayer thereof only. The petition shall also state whether the petitioners seek to change the name of the child.B\n\nThe court may order the proposed adoption and change of name without referring the matter to the local director if (i) the birth parent or parent by adoption, other than the birth parent or parent by adoption joining in the petition for adoption, is deceased; (ii) the birth parent or parent by adoption, other than the birth parent or parent by adoption joining in the petition for adoption, consents to the adoption in writing and under oath; (iii) the acknowledged, adjudicated, presumed, or putative father denies paternity of the child; (iv) the birth mother swears under oath and in writing that the identity of the father is not reasonably ascertainable; (v) the child is the result of surrogacy and the birth parent, other than the birth parent joining in the petition, consents to the adoption in writing; (vi) the parent by adoption joining in the petition was not married at the time the child was adopted; or (vii) the child is 14 years of age or older and has lived in the home of the person desiring to adopt the child for at least five years. However, if the court in its discretion determines that there should be an investigation before a final order of adoption is entered, the court shall refer the matter to the local director for an investigation and report to be completed within such time as the circuit court designates. 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.C\n\nIf an acknowledged, adjudicated, presumed, or putative birth parent or parent by adoption of a child refuses to consent to the adoption of a child by the spouse of the other birth parent or parent by adoption of the child or other person with a legitimate interest, the court shall determine whether consent to the adoption is withheld contrary to the best interests of the child. If the court determines that consent to the adoption is withheld contrary to the best interests of the child, the court may order the adoption and change of name without referring the matter to the local director. However, if the court in its discretion determines that there should be an investigation before a final order of adoption is entered, the circuit court shall refer the matter to the local director for an investigation and report to be completed within such time as the circuit court designates. The order of reference may include a requirement that the local director investigate factors relevant to determining whether consent of a birth parent is withheld contrary to the best interests of the child, including factors set forth in § 63.2-1205. 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.D\n\nIn any case involving adoption of a child by a stepparent or other person with a legitimate interest pursuant to this section, the court may waive appointment of a guardian ad litem for the child.E\n\nIn cases in which both petitioners are listed as the child’s parents on the child’s birth certificate, the court shall permit the petitioners to obtain an adoption order under this section in order to secure the child’s legal parentage.F\n\nFor the purposes of this section, “person with a legitimate interest” means the same as that term is defined in § 20-124.1.","order_by":null,"text":{"0":{"id":229564,"text":"In cases in which the spouse of a birth parent or parent by adoption or a person with a legitimate interest who is not the birth parent of a child wishes to adopt the child, the birth parent or parent by adoption and such parent’s spouse or other person with a legitimate interest may file a petition for adoption in the circuit court of the county or city where the birth parent or parent by adoption and such parent’s spouse or other person with a legitimate interest reside or the county or city where the child resides. The petition shall be the joint petition of the birth parent or parent by adoption and such parent’s spouse or other person with a legitimate interest, but the birth parent or parent by adoption shall unite in the petition for the purpose of indicating consent to the prayer thereof only. The petition shall also state whether the petitioners seek to change the name of the child.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229565,"text":"The court may order the proposed adoption and change of name without referring the matter to the local director if (i) the birth parent or parent by adoption, other than the birth parent or parent by adoption joining in the petition for adoption, is deceased; (ii) the birth parent or parent by adoption, other than the birth parent or parent by adoption joining in the petition for adoption, consents to the adoption in writing and under oath; (iii) the acknowledged, adjudicated, presumed, or putative father denies paternity of the child; (iv) the birth mother swears under oath and in writing that the identity of the father is not reasonably ascertainable; (v) the child is the result of surrogacy and the birth parent, other than the birth parent joining in the petition, consents to the adoption in writing; (vi) the parent by adoption joining in the petition was not married at the time the child was adopted; or (vii) the child is 14 years of age or older and has lived in the home of the person desiring to adopt the child for at least five years. However, if the court in its discretion determines that there should be an investigation before a final order of adoption is entered, the court shall refer the matter to the local director for an investigation and report to be completed within such time as the circuit court designates. 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229566,"text":"If an acknowledged, adjudicated, presumed, or putative birth parent or parent by adoption of a child refuses to consent to the adoption of a child by the spouse of the other birth parent or parent by adoption of the child or other person with a legitimate interest, the court shall determine whether consent to the adoption is withheld contrary to the best interests of the child. If the court determines that consent to the adoption is withheld contrary to the best interests of the child, the court may order the adoption and change of name without referring the matter to the local director. However, if the court in its discretion determines that there should be an investigation before a final order of adoption is entered, the circuit court shall refer the matter to the local director for an investigation and report to be completed within such time as the circuit court designates. The order of reference may include a requirement that the local director investigate factors relevant to determining whether consent of a birth parent is withheld contrary to the best interests of the child, including factors set forth in § 63.2-1205. 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229567,"text":"In any case involving adoption of a child by a stepparent or other person with a legitimate interest pursuant to this section, the court may waive appointment of a guardian ad litem for the child.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229568,"text":"In cases in which both petitioners are listed as the child’s parents on the child’s birth certificate, the court shall permit the petitioners to obtain an adoption order under this section in order to secure the child’s legal parentage.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":229569,"text":"For the purposes of this section, “person with a legitimate interest” means the same as that term is defined in § 20-124.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16043,"edition_id":1,"name":"Stepparent and Confirmatory Adoption","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14096,"metadata":{},"date_created":"2026-06-26 04:04:34","date_modified":"2026-06-26 04:04:34","permalink":{"id":271575,"object_type":"structure","relational_id":16043,"identifier":"4","token":"63.2\/III\/12\/4","url":"\/63.2\/III\/12\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14096,"edition_id":1,"name":"Adoption","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:52","date_modified":"2026-06-26 03:46:52","permalink":{"id":271365,"object_type":"structure","relational_id":14096,"identifier":"12","token":"63.2\/III\/12","url":"\/63.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62936,"structure_id":16043,"section_number":"63.2-1241","catch_line":"Adoption of child by spouse of birth or adoptive parent or other person with legitimate interest","url":"\/63.2-1241\/","token":"63.2\/III\/12\/4\/63.2-1241","metadata":false},{"id":85724,"structure_id":16043,"section_number":"63.2-1242","catch_line":"Investigation and report at discretion of circuit court","url":"\/63.2-1242\/","token":"63.2\/III\/12\/4\/63.2-1242","metadata":false}],"next_section":{"id":85724,"structure_id":16043,"section_number":"63.2-1242","catch_line":"Investigation and report at discretion of circuit court","url":"\/63.2-1242\/","token":"63.2\/III\/12\/4\/63.2-1242","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1241\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 300; in 1968, chapter 578; in 1974, chapter 421; in 1975, chapter 364; in 1977, chapter 526; in 1979, chapter 339; in 1986, chapters 481 and 482; in 1987, chapter 482; in 1992, chapter 607; in 1995, chapters 772<\/a> and 826<\/a>; in 2000, chapter 830<\/a>; in 2002, chapter 747<\/a>; in 2006, chapters 825<\/a> and 848<\/a>; in 2007, chapters 606<\/a> and 623<\/a>; in 2010, chapter 306<\/a>; in 2012, chapter 424<\/a>; in 2022, chapter 377<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":76763,"section_number":"63.2-1201.1","catch_line":"Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons","order_by":null,"url":"\/63.2-1201.1\/"},{"id":86424,"section_number":"63.2-1215","catch_line":"Legal effects of adoption","order_by":null,"url":"\/63.2-1215\/"}],"refers_to":[{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":75979,"section_number":"63.2-1205","catch_line":"Best interests of the child; standards for determining","order_by":null,"url":"\/63.2-1205\/"},{"id":58081,"section_number":"63.2-1208","catch_line":"Investigations; report to circuit court","order_by":null,"url":"\/63.2-1208\/"}],"permalink":{"id":271577,"object_type":"law","relational_id":62936,"identifier":"63.2-1241","token":"63.2\/III\/12\/4\/63.2-1241","url":"\/63.2-1241\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1241\/","token":"63.2\/III\/12\/4\/63.2-1241","dublin_core":{"Title":"Adoption of child by spouse of birth or adoptive parent or other person with legitimate interest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1241","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In cases in which the spouse of a birth parent<\/span> or parent by adoption or a person with a legitimate interest<\/span> who is not the birth parent<\/span> of a child<\/span> wishes to adopt the child<\/span>, the birth parent<\/span> or parent by adoption and such parent’s spouse or other person with a legitimate interest<\/span> may file a petition<\/span> for adoption in the circuit<\/span> court<\/span> of the county or city where the birth parent<\/span> or parent by adoption and such parent’s spouse or other person with a legitimate interest<\/span> reside or the county or city where the child<\/span> resides. The petition<\/span> shall be the joint petition<\/span> of the birth parent<\/span> or parent by adoption and such parent’s spouse or other person with a legitimate interest<\/span>, but the birth parent<\/span> or parent by adoption shall unite in the petition<\/span> for the purpose of indicating consent to the prayer thereof only. The petition<\/span> shall also state whether the petitioners seek to change the name of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may order the proposed adoption and change of name without referring the matter to the local director<\/span> if (i) the birth parent<\/span> or parent by adoption, other than the birth parent<\/span> or parent by adoption joining in the petition<\/span> for adoption, is deceased; (ii) the birth parent<\/span> or parent by adoption, other than the birth parent<\/span> or parent by adoption joining in the petition<\/span> for adoption, consents to the adoption in writing and under oath<\/span>; (iii) the acknowledged, adjudicated, presumed, or putative father denies paternity of the child<\/span>; (iv) the birth mother swears under oath<\/span> and in writing that the identity of the father is not reasonably ascertainable; (v) the child<\/span> is the result of surrogacy and the birth parent<\/span>, other than the birth parent<\/span> joining in the petition<\/span>, consents to the adoption in writing; (vi) the parent by adoption joining in the petition<\/span> was not married at the time the child<\/span> was adopted; or (vii) the child<\/span> is 14 years of age or older and has lived in the home of the person desiring to adopt the child<\/span> for at least five years. However, if the court<\/span> in its discretion determines that there should be an investigation before a final order<\/span> of adoption is entered, the court<\/span> shall refer the matter to the local director<\/span> for an investigation and report to be completed within such time as the circuit<\/span> court<\/span> designates. If an investigation is ordered, the circuit<\/span> court<\/span> shall forward a copy of the petition<\/span> and all exhibits thereto to the local director<\/span> and the provisions of § 63.2-1208<\/a> shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an acknowledged, adjudicated, presumed, or putative birth parent<\/span> or parent by adoption of a child<\/span> refuses to consent to the adoption of a child<\/span> by the spouse of the other birth parent<\/span> or parent by adoption of the child<\/span> or other person with a legitimate interest<\/span>, the court<\/span> shall determine whether consent to the adoption is withheld contrary to the best interests of the child<\/span>. If the court<\/span> determines that consent to the adoption is withheld contrary to the best interests of the child<\/span>, the court<\/span> may order the adoption and change of name without referring the matter to the local director<\/span>. However, if the court<\/span> in its discretion determines that there should be an investigation before a final order<\/span> of adoption is entered, the circuit<\/span> court<\/span> shall refer the matter to the local director<\/span> for an investigation and report to be completed within such time as the circuit<\/span> court<\/span> designates. The order of reference may include a requirement that the local director<\/span> investigate factors relevant to determining whether consent of a birth parent<\/span> is withheld contrary to the best interests of the child<\/span>, including factors set forth in § 63.2-1205<\/a>. If an investigation is ordered, the circuit<\/span> court<\/span> shall forward a copy of the petition<\/span> and all exhibits thereto to the local director<\/span> and the provisions of § 63.2-1208<\/a> shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any case involving adoption of a child<\/span> by a stepparent or other person with a legitimate interest<\/span> pursuant to this section, the court<\/span> may waive<\/span> appointment of a guardian ad litem<\/span> for the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In cases in which both petitioners are listed as the child<\/span>’s parents on the child<\/span>’s birth certificate, the court<\/span> shall permit the petitioners to obtain an adoption order under this section in order to secure the child<\/span>’s legal parentage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For the purposes of this section, “person with a legitimate interest<\/span>” means the same as that term is defined in § 20-124.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADOPTION OF CHILD BY SPOUSE OF BIRTH OR ADOPTIVE PARENT OR OTHER PERSON WITH\nLEGITIMATE INTEREST (\u00a7 63.2-1241)\n\nA. In cases in which the spouse of a birth parent or parent by adoption or a\nperson with a legitimate interest who is not the birth parent of a child wishes\nto adopt the child, the birth parent or parent by adoption and such\nparent’s spouse or other person with a legitimate interest may file a\npetition for adoption in the circuit court of the county or city where the birth\nparent or parent by adoption and such parent’s spouse or other person with\na legitimate interest reside or the county or city where the child resides. The\npetition shall be the joint petition of the birth parent or parent by adoption\nand such parent’s spouse or other person with a legitimate interest, but\nthe birth parent or parent by adoption shall unite in the petition for the\npurpose of indicating consent to the prayer thereof only. The petition shall\nalso state whether the petitioners seek to change the name of the child.\n\nB. The court may order the proposed adoption and change of name without\nreferring the matter to the local director if (i) the birth parent or parent by\nadoption, other than the birth parent or parent by adoption joining in the\npetition for adoption, is deceased; (ii) the birth parent or parent by adoption,\nother than the birth parent or parent by adoption joining in the petition for\nadoption, consents to the adoption in writing and under oath; (iii) the\nacknowledged, adjudicated, presumed, or putative father denies paternity of the\nchild; (iv) the birth mother swears under oath and in writing that the identity\nof the father is not reasonably ascertainable; (v) the child is the result of\nsurrogacy and the birth parent, other than the birth parent joining in the\npetition, consents to the adoption in writing; (vi) the parent by adoption\njoining in the petition was not married at the time the child was adopted; or\n(vii) the child is 14 years of age or older and has lived in the home of the\nperson desiring to adopt the child for at least five years. However, if the\ncourt in its discretion determines that there should be an investigation before\na final order of adoption is entered, the court shall refer the matter to the\nlocal director for an investigation and report to be completed within such time\nas the circuit court designates. If an investigation is ordered, the circuit\ncourt shall forward a copy of the petition and all exhibits thereto to the local\ndirector and the provisions of § 63.2-1208 shall apply.\n\nC. If an acknowledged, adjudicated, presumed, or putative birth parent or parent\nby adoption of a child refuses to consent to the adoption of a child by the\nspouse of the other birth parent or parent by adoption of the child or other\nperson with a legitimate interest, the court shall determine whether consent to\nthe adoption is withheld contrary to the best interests of the child. If the\ncourt determines that consent to the adoption is withheld contrary to the best\ninterests of the child, the court may order the adoption and change of name\nwithout referring the matter to the local director. However, if the court in its\ndiscretion determines that there should be an investigation before a final order\nof adoption is entered, the circuit court shall refer the matter to the local\ndirector for an investigation and report to be completed within such time as the\ncircuit court designates. The order of reference may include a requirement that\nthe local director investigate factors relevant to determining whether consent\nof a birth parent is withheld contrary to the best interests of the child,\nincluding factors set forth in § 63.2-1205. If an investigation is ordered,\nthe circuit court shall forward a copy of the petition and all exhibits thereto\nto the local director and the provisions of § 63.2-1208 shall apply.\n\nD. In any case involving adoption of a child by a stepparent or other person\nwith a legitimate interest pursuant to this section, the court may waive\nappointment of a guardian ad litem for the child.\n\nE. In cases in which both petitioners are listed as the child’s parents on\nthe child’s birth certificate, the court shall permit the petitioners to\nobtain an adoption order under this section in order to secure the child’s\nlegal parentage.\n\nF. For the purposes of this section, “person with a legitimate\ninterest” means the same as that term is defined in § 20-124.1.\n\nHISTORY: Code 1950, \u00a7 63-356.1; 1950, p. 626; 1956, c. 300; 1968, c. 578, \u00a7\n63.1-231; 1974, c. 421; 1975, c. 364; 1977, c. 526; 1979, c. 339; 1986, cc. 481,\n482; 1987, c. 482; 1992, c. 607; 1995, cc. 772, 826; 2000, c. 830, \u00a7\n63.1-219.48; 2002, c. 747; 2006, cc. 825, 848; 2007, cc. 606, 623; 2010, c. 306;\n2012, c. 424; 2021, Sp. Sess. I, c. 252; 2022, c. 377.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}