Adopting a child is a rewarding way to grow your family, but it’s important to understand both the legal steps and emotional considerations involved. At Pedersen Law, PLLC, our Williamsburg adoption attorneys are here to guide you to make sure you’re ready for this life-changing journey.

How Does Adoption Work in Virginia?

In Virginia, adoption laws are in place to protect both the child and the adoptive parents. Before an adoption can be finalized, the child must live with the adoptive family for at least six months. This allows everyone to adjust to their new life together. If the child is 14 or older, they must give their consent to the adoption. For married couples, both spouses need to apply for adoption together, unless it’s a stepparent adoption where the biological parent agrees to the adoption.

Who Can Adopt in Virginia?

Virginia law allows a wide range of people 18 or older to adopt, whether they are single or married. Any adult can apply to adopt, but married couples must apply together unless it’s a stepparent adoption, where the biological parent consents. This inclusivity ensures that a variety of individuals and families can pursue adoption, whether they’re seeking to expand their family, provide a loving home for a relative, or offer care to a child in need. The key requirement is that adoptive parents must be able to provide a stable, supportive environment for the child, meeting both their emotional and physical needs.

Can a Criminal Record Prevent Me From Adopting?

Having a criminal record, particularly a felony conviction, can be a major barrier to adoption in Virginia, but it doesn’t necessarily disqualify you. Each case is assessed individually, with factors such as the nature of the offense, how much time has passed, and evidence of rehabilitation taken into account. Serious offenses, especially those involving violence, child abuse, or sexual crimes, are likely to prevent you from adopting.

However, less severe or older convictions may not be a barrier, especially if you can demonstrate positive changes in your life. It’s important to discuss your situation with an adoption attorney, who can provide guidance based on your specific circumstances.

Other Limiting Factors for Adoption

• Health Concerns: Severe health conditions that affect your ability to care for a child.
• Financial Instability: Inability to demonstrate financial stability to support a child.
• Unstable Living Situation: Frequent moves or unsafe living conditions.
• Inadequate Home Environment: Home doesn't meet safety standards or lacks necessary space.
• Unresolved Legal Issues: Ongoing legal problems, such as lawsuits or criminal charges.
• Lack of Readiness or Commitment: Concerns about emotional readiness or commitment to parenting.
• Past History of Abuse or Neglect: Any history of child abuse or neglect.
• Substance Abuse Issues: Recent or ongoing issues with substance abuse.
• Marital or Relationship Instability: Unstable or conflict-ridden relationships.

If you have concerns or want to know more about the process, our family lawyers can answer more of your questions and guide you on the way to adoption. 

Reach Out to Pedersen Law, PLLC

Ready to learn more about your adoption options? Contact Pedersen Law, PLLC, for personalized legal guidance and support. Schedule a consultation today to learn more about the adoption process in Virginia and how we can assist you every step of the way.