To adopt a child in Virginia, you choose an adoption path (agency, parental placement, international, or stepparent), complete a home study and background checks, obtain birth parent consent or a court order terminating parental rights, file a petition in circuit court, and complete a probationary supervision period before the judge signs the final decree. The process generally takes six months to over a year, and costs run from near zero through foster care to tens of thousands through a private agency.
Every decision the court makes along the way turns on one question: whether the adoption serves the child’s best interests. Everything below exists to answer that question with evidence.
Who Can Adopt
Any adult who lives in Virginia can file an adoption petition. A person who has custody of a child placed by a Virginia child-placing agency can also file even without living in the Commonwealth. Single people can adopt. Married couples must file jointly, though if the child is already the legal child of one spouse, that spouse joins the petition only to show consent. Previously married couples who stood in a parental role during the marriage can adopt together after divorce under the same rules that apply to married couples.
Every prospective adoptive parent passes a background check that includes fingerprinting and a search of state child abuse registries. Virginia also requires tuberculosis screenings for everyone in the household and driving record checks for anyone who will transport the child.
The Three Paths and What They Cost
Virginia recognizes three main adoption paths, plus a shorter route for stepparents and close family.
- Agency adoption. A licensed child-placing agency or local department of social services handles the placement. This covers most foster care adoptions and situations where birth parents relinquish a child to an agency. Adopting from Virginia’s foster care system through a local department is typically free or very low cost.
- Parental placement (private) adoption. The birth parent places the child directly with the adoptive parents, usually with an attorney handling the legal work. Private agency placement fees for a domestic infant adoption can run from a few thousand dollars to tens of thousands. Attorney fees for an uncontested adoption generally run $1,700 to $6,000 flat, or $200 to $600 per hour.
- International adoption. Adopting a child from another country adds federal immigration requirements on top of Virginia’s process. If the child’s country participates in the Hague Adoption Convention, you must use an accredited adoption service provider and file specific forms with U.S. Citizenship and Immigration Services before taking custody. USCIS prohibits any payment intended to influence a birth parent’s decision.1U.S. Citizenship and Immigration Services. Hague Process2U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 5 – Part D – Chapter 6 – Additional Requirements
When a spouse or person with a legitimate interest wants to adopt a child who is already the legal child of the other spouse, the court can sometimes finalize without a full investigation, provided conditions like the other birth parent’s consent or death are met.3Virginia Code Commission. Virginia Code 63.2-1241 – Adoption of Child by Spouse of Birth or Adoptive Parent or Other Person With Legitimate Interest
Training and the Home Study
Before an agency places a child with you, Virginia requires completion of a pre-service training program using a curriculum approved by the Department of Social Services. The training covers child development, trauma, and working with birth families. Agencies decide when during the process you apply.4Virginia Department of Social Services. Adoption Process in Virginia
The home study is the real gatekeeping step. A licensed social worker evaluates whether your household is ready, and the written report follows the child’s case through the entire process. Expect interviews, home visits, and document review. The social worker assesses whether you understand the needs of a child born to someone else, whether your household relationships are stable, and whether you can handle emergencies. Financial information is part of the picture: employment history, assets, and debts all go into the report. The evaluator also confirms you have vehicle liability insurance if you plan to transport the child and that your home meets basic safety standards.5Virginia Code Commission. Virginia Administrative Code 22VAC40-131-180 – Home Study Requirements
Home studies through a private agency typically cost between $900 and $5,400 for a domestic adoption. Foster care home studies conducted through a local department of social services are generally free.
Birth Parent Consent and the Seven-Day Window
No adoption moves forward without proper consent from the birth parents, unless a court terminates their rights involuntarily. Consent must be in writing, signed under oath, and acknowledged before an authorized officer.6Virginia Department of Social Services. Code of Virginia Title 63.2 Chapter 12 A birth parent under 18 has full capacity to consent and is bound the same as an adult.
In a parental placement adoption, the birth mother must execute consent in person before a juvenile and domestic relations court, with the prospective adoptive parents present. The child must be at least three calendar days old before this can happen.7Virginia Code Commission. Code of Virginia Code – Article 3. Parental Placement Adoptions A birth father who is not married to the mother may consent in writing under oath without appearing in court. His consent is not required at all if he denies paternity or failed to register with Virginia’s Birth Father Registry.
After consent is executed, the birth parent has seven days to revoke it for any reason. The revocation must be in writing, signed by the revoking parent or their attorney, and filed with the clerk of the juvenile and domestic relations court during business hours within those seven days. If the seventh day falls on a weekend or legal holiday, the period extends to the next business day.8Virginia Code Commission. Virginia Code 63.2-1234 – When Consent Is Revocable
A birth parent can waive the seven-day window at the time of consent, but only if the child is at least 10 days old and the parent has received independent legal counsel about what the waiver means. If two birth parents are consenting, one parent’s waiver does not shorten the other’s seven days.
After the seven-day window closes, consent can still be revoked before the final adoption order if there is proof of fraud or duress, or if the birth parents and prospective adoptive parents mutually agree in writing to undo the placement.
When a birth parent will not consent, the court can terminate parental rights involuntarily on clear and convincing evidence that termination serves the child’s best interests. The most common grounds are neglect or abuse that presented a serious threat to the child’s life or health where conditions are not likely to be corrected within a reasonable time. Abandonment is a separate ground when the parent’s identity or location cannot be determined, no family member comes forward within three months of the foster care order, and diligent efforts to locate the parent have failed.9Virginia Code Commission. Virginia Code 16.1-283 – Termination of Residual Parental Rights
Filing the Petition and the Probationary Period
Once consent is secured or parental rights terminated, you file an adoption petition in circuit court. The petition asks the court’s permission to adopt a child who is not your legal child by birth and can include a name change request. It must be accompanied by the consent documents and required reports.
In parental placement adoptions, and in some agency adoptions where circumstances require it, the court enters an interlocutory order rather than going straight to a final decree. The judge first reviews the home study and confirms that you are financially able to support the child, are a suitable parent, and that the adoption will serve the child’s best interests.10Virginia Code Commission. Virginia Code 63.2-1209 – Entry of Interlocutory Order
The interlocutory order makes the child legally yours for most purposes, but it triggers a probationary supervision period. A social worker visits the home at least three times over six months, with at least 90 days between the first and last visit. A written report goes to the court at the end.6Virginia Department of Social Services. Code of Virginia Title 63.2 Chapter 12 In some agency adoptions where the agency has already provided adequate supervision and reporting, the court may skip the interlocutory order and go directly to a final order.
The Final Decree and What Comes After
After the probationary report is submitted, the circuit court decides whether to enter the final order of adoption. If the judge is satisfied the adoption serves the child’s best interests, the final decree is entered. A certified copy goes to the Commissioner of Social Services and to the agency or local director involved in the case.
The circuit court clerk then sends an adoption report to the State Registrar of Vital Records, who prepares a new birth certificate in the child’s new name listing you as the parents. The new certificate replaces the original. If you, the court, or the adopted person (if 18 or older) request that no new certificate be issued, the registrar will honor that.11Virginia Code Commission. Virginia Code 32.1-261 – New Certificate of Birth Established on Proof of Adoption, Legitimation, or Determination of Paternity, or Change of Sex The fee from Virginia Vital Records is $10 for the administrative fee plus $12 per certified copy.12Virginia Department of Health. Adoption – Vital Records
For children adopted from a foreign country, Virginia issues a Certificate of Foreign Birth with the proper documentation. If the child entered the U.S. on an IR-3 or IH-3 visa, Virginia recognizes the foreign adoption without readoption. Military families get expedited processing: the court submits confirmation of a parent’s military status within five business days, and the State Registrar fast-tracks the new certificate.
With the final decree in hand, you can apply for a new Social Security number for your child under their new name with you listed as the parent. Bring the adoption decree and at least two original documents proving the child’s citizenship, age, identity, and your relationship. The Social Security Administration does not accept photocopies or notarized copies, and there is no fee. If the adoption is still pending and you need to claim the child on your tax return, the IRS issues Form W-7A as a temporary solution.13Social Security Administration. Social Security Numbers for Children
Some adoptions require ongoing reporting after finalization. International adoptions frequently require periodic reports for several years to satisfy the child’s country of origin, and foster care adoptions may involve follow-up reporting. Your placing agency or attorney should outline the schedule early, because noncompliance can create legal complications.
Financial Help
Virginia’s adoption assistance program provides ongoing financial and medical support for children adopted from foster care who have special needs, defined by factors like age, membership in a sibling group, medical conditions, or physical, mental, or emotional disabilities. Assistance can include basic maintenance payments, enhanced payments for children requiring extra supervision, and special service payments for needs not covered by other programs. Maintenance payments cannot exceed what the foster care payment would have been for that child.14Virginia Code Commission. Virginia Code 63.2-1302 – Adoption Assistance Payments; Maintenance
Families can also receive a one-time reimbursement of up to $2,000 for non-recurring adoption expenses like court costs, attorney fees, and other costs directly tied to finalizing the adoption of a child with special needs.15Virginia Department of Social Services. Adoption Assistance Assistance payments generally continue until the child turns 18, and can extend to age 21 if the child has a qualifying disability or meets certain educational or employment criteria.
At the federal level, the adoption tax credit covers up to $17,670 per child in qualified adoption expenses such as court costs, attorney fees, and travel for the 2026 tax year. The credit begins to phase out at a modified adjusted gross income of $265,080 and is unavailable above $305,080. Beginning with tax year 2025, up to $5,000 of the credit is refundable, meaning you can receive that amount even if you owe no federal income tax. If your employer offers a qualified adoption assistance program, up to $17,670 per child in employer reimbursements can also be excluded from your gross income.16Internal Revenue Service. Adoption Credit
The federal Family and Medical Leave Act entitles eligible employees to 12 workweeks of job-protected leave when a child is placed for adoption or foster care. The leave must be used within 12 months of placement and can be unpaid or run concurrently with employer-provided paid leave. Adoption leave cannot be taken intermittently unless your employer agrees.17Office of the Law Revision Counsel. 29 U.S. Code 2612 – Leave Requirement To qualify, you must have worked for a covered employer for at least 12 months, logged at least 1,250 hours during those 12 months, and work at a location with 50 or more employees within 75 miles.18U.S. Department of Labor. Fact Sheet 28B – Using FMLA Leave When You Are in the Role of a Parent to a Child Give your employer at least 30 days’ notice if you know the placement date in advance.