A Virginia Petition for Adoption is the formal written request that asks a circuit court to make you the legal parent of a child, and it is filed by the person or couple who wishes to adopt under Va. Code § 63.2-1201. Unlike a fill-in-the-blank state form, the petition is a typed pleading you draft yourself, and getting one fact or paragraph wrong can stall your case for months.
The petition opens the entire adoption case, names the child and parents, proves consent or grounds, and tells the judge exactly what you want. More than 1,000 stepparent and relative adoptions move through Virginia circuit courts each year, and clerks routinely bounce petitions that miss a required statement or a notarized signature. This guide walks you through every part of the petition so you file it right the first time.
Here is what you will learn:
- 📋 What the petition must say under Virginia law and which court receives it
- 🗂️ Every document, certificate, and ID number to gather before you start
- ✍️ A line-by-line walkthrough of each paragraph with sample wording
- 👨👩👧 Three full filled-out examples for stepparent, relative, and adult adoptions
- ⚖️ The fees, filing steps, and mistakes that most often derail a case
What the Petition for Adoption Is and Who Must File It
The Petition for Adoption is the lead document that starts an adoption case in a Virginia circuit court. Virginia does not post one statewide “Petition for Adoption” PDF on its court forms page; instead, you draft the petition as a pleading and pair it with standard items like the Civil Case Cover Sheet (Form CC-1416). The petition is required by Va. Code § 63.2-1201, which states that adoption of a minor and any name change “shall be instituted only by petition to a circuit court.”
The circuit court in the city or county where the adopting parent lives, or where the child lives, receives and decides the case. The judge has the final say, but the clerk’s office checks your packet first and will reject filings that lack a required statement. If you file in the wrong court, the case can be dismissed or transferred, which costs you weeks.
Several people file this petition for different reasons. A stepparent files to adopt a spouse’s child. A close relative, like a grandparent or aunt, files under the relative-adoption rules. An adult or couple files to adopt an adult adoptee under Va. Code § 63.2-1243. In every case, the petitioner is the person who wants the court to create a new, permanent parent-child bond with all the rights and duties that biological parents hold.
This article focuses on the three most common pro se paths: stepparent adoption of a minor, close-relative adoption, and adult adoption. The core petition looks the same across these paths, with a few extra statements added depending on your facts. Because rules can shift, confirm the current statute text on the official Virginia Law site before you file, and note any revision date your local court template shows near its heading.
Before You Start: Documents and Information You Need
Adoption is usually a happy step, but the paperwork is exact, and a missing item is the top reason a clerk hands your packet back. Gather everything below before you open a blank page, because the petition pulls facts straight from these records. The court cross-checks names and dates against these documents, so a mismatch creates a hold.
Here is your pre-filing checklist:
- Child’s certified birth certificate. This proves the child’s legal name, date of birth, and birth parents; without it the court cannot confirm whose rights are affected.
- Your marriage certificate (stepparent cases). This proves you are legally married to the child’s parent, which is the basis for a stepparent adoption; missing it can defeat your standing to file.
- The other parent’s consent or Natural Parent Affidavit. This shows the non-custodial parent agrees, which keeps the case uncontested; without consent you must plead grounds to end that parent’s rights, and the case gets harder.
- Any prior custody, divorce, or support orders. These show who has legal custody now and any duties owed; leaving them out can make the judge question the facts you plead.
- Each party’s full legal names and addresses. The petition names the petitioner, the spouse, the child, and both birth parents; a wrong or old address can break service and stall the case.
- The child’s current place of residence and how long they have lived with you. Virginia looks at where the child lives to set venue and review fitness; vague dates invite questions.
- Your reasons for the adoption and any name-change request. You must state why adoption serves the child’s best interest and the new last name you want, if any; skipping the name request means the name will not change.
- Filing fee and Form VS-21 fee. Bring funds for the circuit court filing fee, often in the range of about $100 to $200 depending on the county, plus a $10 fee for the Report of Adoption (Form VS-21) at the end; arriving without payment means no filing that day.
For an adult adoption, also gather a signed, notarized Consent Under Oath by the Adult Adoptee, since the adult’s own consent replaces birth-parent consent under Va. Code § 63.2-1243. Having these ready turns a multi-week scramble into a single clean trip to the clerk.
Where to Get the Form and How to Access It
Because the petition is a drafted pleading, you build it rather than download it from one master link. Start at the Virginia Judicial System self-help site, which hosts the civil forms that ride along with your petition, like the cover sheet and orders of publication. Many circuit courts also post local adoption packets and samples, such as the Fairfax County adoption page, which lists the affidavit, cover sheet, and order of publication used there.
You can write the petition in any word processor, then print it for signature and notarization. A well-known model is the sample adoption petition published by the Children’s Law Center, which shows the caption, numbered paragraphs, and proposed final decree in one bundle. Use a sample only as a frame; your facts and statute citations must match your own case.
The petition is filed on paper, in person, at the circuit court clerk’s office, since adoption files are confidential and not handled through general online portals. Some counties allow mailing the packet, but most pro se filers walk it in so the clerk can flag problems on the spot. Always confirm your court’s exact rules by calling the clerk or checking that court’s page on the Find a Court directory.
If your court uses a local template with a revision date printed in the footer, cite that date in your own notes so you know you have the current version. When in doubt, the controlling text is the statute itself in Title 63.2, Chapter 12, not any single county’s sample.
Step-by-Step: How to Fill Out the Virginia Petition for Adoption Line by Line
The petition is organized as a caption at the top, followed by numbered paragraphs, a prayer for relief, and a signature and notary block. Below, each part gets its own walkthrough with sample wording. Type the petition in clear paragraphs, number each fact paragraph, and keep your sample entries truthful to your records.
1. The Caption (Court, Parties, and Case Title)
The caption is the heading that tells the court which circuit court hears the case and what the case is called. Write the name of the circuit court on the top line, then a case title such as “In re: Adoption of [child’s name],” and leave a blank for the case number the clerk assigns.
To answer it, center the court name in all caps, then list the petitioner or petitioners, and identify the child by initials if the court prefers confidentiality. For example, John Andrew Reed and Maria Elena Reed, Petitioners appears under IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND, with the title IN RE: ADOPTION OF L.M.R., a minor.
A common nuance is whether to use the child’s full name or initials. Many courts use initials in the public caption to protect the child while spelling out the full name inside the body. A common mistake is naming the wrong court, which sends the case to a venue with no authority over your family, forcing a refile. People often think the caption is just a title; in truth it sets jurisdiction, so an error here can void everything that follows.
2. Identity of the Petitioner(s)
This paragraph states who is asking to adopt and basic facts about them. You give each petitioner’s full legal name, age, address, and relationship to the child.
To answer it, write a sentence like “Your petitioners are John Andrew Reed, age 38, and Maria Elena Reed, age 36, husband and wife, who reside at 412 Maple Street, Richmond, VA 23220.” Stepparent petitions usually list both spouses as co-petitioners, since the legal parent joins the adopting stepparent.
A nuance arises when only one spouse adopts; the legal parent still joins to consent and keep their own rights. A common mistake is leaving the legal parent off the petition, which can confuse the court about whose rights survive and trigger a hold. People often believe only the new parent must appear; in fact, the existing parent’s joinder is what preserves their bond after the decree.
3. Identity and Description of the Child
This paragraph identifies the child being adopted with the facts the court needs to confirm the child’s status. You state the child’s full legal name, date and place of birth, current residence, and how long the child has lived with you.
To answer it, write “The child is Lucas Miguel Ramirez, born 03/14/2017 in Richmond, Virginia, who has resided with petitioners at the above address since June 2021.” Pull the name and birth date exactly from the certified birth certificate.
A nuance is a child born outside Virginia or outside the United States, which may require extra proof of birth and identity. A common mistake is a name or birth-date mismatch with the birth certificate, which stops the clerk from processing the file because records will not line up. People often think a nickname or current household name is fine here; only the legal name on the birth record belongs in this paragraph.
4. Identity of the Birth Parents
This paragraph names the child’s birth parents and their status, so the court knows whose consent or termination is in play. You list each birth parent’s full name and last known address, and state whether they were ever married to each other.
To answer it, write “The child’s birth mother is Maria Elena Reed, formerly Maria Elena Ramirez, and the birth father is David Ramirez, last known address 88 Oak Lane, Norfolk, VA 23510.” Note clearly which birth parent is now married to the adopting stepparent.
A nuance is an unknown or unlocatable birth parent, which may require an order of publication to give legal notice. A common mistake is hiding or guessing at a parent’s address, which can void notice and reopen the case later. People often assume an absent parent has no rights; under Virginia law that parent must still be notified or have rights ended before the adoption can finalize.
5. Statement of Marriage and Family Status
This paragraph proves the legal relationship that supports your petition, usually the marriage between the adopting stepparent and the child’s parent. You state the date and place of marriage and attach the certificate as an exhibit.
To answer it, write “Petitioners John Andrew Reed and Maria Elena Reed were married on 08/19/2020 in Richmond, Virginia, as shown in Exhibit A.” Reference the exhibit letter so the clerk can match the document.
A nuance applies to relative adoptions, where you instead state your blood or legal relationship to the child, such as maternal grandmother. A common mistake is forgetting to attach the marriage certificate, which leaves your standing unproven and the petition incomplete. People often think the court already has their marriage record on file; the court does not, so you must supply it every time.
6. Statement of Consent or Grounds
This paragraph is the heart of the petition, telling the court that the needed consents exist or that legal grounds excuse consent. You state that the non-adopting birth parent consents, attaching the signed Natural Parent Affidavit, or you plead the grounds that allow adoption without consent under Va. Code § 63.2-1202.
To answer it, write “The birth father, David Ramirez, consents to this adoption as shown in his Natural Parent Affidavit, Exhibit C,” or, if contested, “Consent is withheld contrary to the child’s best interests, and grounds exist under § 63.2-1205.” Be precise and truthful, since this paragraph carries the most legal weight.
A nuance is a birth parent who is deceased, in which case you attach a death certificate instead of a consent. A common mistake is claiming consent without the notarized affidavit attached, which makes the case appear contested and stalls finalization. People often believe silence equals consent; in Virginia, consent must be in a signed, notarized writing or proven grounds, never assumed.
7. Best Interests and Reasons for Adoption
This paragraph explains why the adoption serves the child and asks the court to find it is in the child’s best interest. You describe the bond, the care you provide, and the stability the adoption brings.
To answer it, write “Petitioners have cared for Lucas as their own since 2021, provide his home, schooling, and support, and this adoption serves his best interests by securing a permanent legal family.” Keep the language honest and specific to your household.
A nuance is a longer or unusual history, like a child you raised before marrying the parent, which you should explain in plain facts. A common mistake is writing a vague, one-line reason, which gives the judge little to rely on and can prompt extra questions. People often think this paragraph is a formality; judges read it closely because the best-interest finding is the legal core of granting the adoption.
8. Name-Change Request
This paragraph tells the court whether you want the child’s name changed as part of the adoption, which is allowed in the same case. You state the child’s current full name and the exact new name you want on the new birth certificate.
To answer it, write “Petitioners request that the child’s name be changed from Lucas Miguel Ramirez to Lucas Miguel Reed.” Spell the new name precisely, since the court and vital records will use it word for word.
A nuance is keeping a middle name or hyphenating surnames, which you must spell out exactly as you want it. A common mistake is forgetting to request the change, which means the name stays the same even after adoption and requires a separate later filing to fix. People often assume the surname changes automatically; it does not, so the request must appear in the petition.
9. Prayer for Relief
The prayer is the closing request that asks the court for specific orders. You ask the court to enter a final order of adoption, change the child’s name if requested, and grant related relief.
To answer it, write “WHEREFORE, petitioners pray that this Court enter a Final Order of Adoption declaring Lucas Miguel Ramirez the lawful child of petitioners and changing his name to Lucas Miguel Reed.” Keep the prayer tied to what you pleaded above.
A nuance is asking the court to waive a home study or report where the statute allows it for stepparent or close-relative cases. A common mistake is praying for relief you never pleaded, like a name change you forgot to raise earlier, which the judge cannot grant. People often think the prayer is boilerplate; it actually defines the exact orders the court may sign, so it must be complete.
10. Signature and Verification
This block is where petitioners sign and swear the petition is true before a notary. Each petitioner signs, prints their name, and signs again in front of a notary who completes the acknowledgment.
To answer it, sign as John Andrew Reed and Maria Elena Reed, then have the notary fill in the date, locality, and seal under a line like “Subscribed and sworn before me this ___ day of ____.” Do not sign until you are in front of the notary.
A nuance is an out-of-state petitioner, who may sign before a notary in their own state and attach proof. A common mistake is signing the petition at home before notarization, which voids the verification and forces a redo. People often think any signature works; an adoption petition must be sworn and notarized, or the clerk will not accept it.
Three Filled-Out Examples Using Real Scenarios
The tables below follow three named filers through the petition’s main sections. Use them as patterns, not exact scripts, since your facts and court may differ. Sample entries are shown in italics.
Scenario 1 — Stepparent adopting a minor (John Reed adopts his wife’s son):
| Petition Section | What John Reed Enters |
|---|---|
| Court / Caption | IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND; IN RE: ADOPTION OF L.M.R., a minor |
| Petitioners | John Andrew Reed, age 38, and Maria Elena Reed, age 36, husband and wife |
| Address | 412 Maple Street, Richmond, VA 23220 |
| Child | Lucas Miguel Ramirez, born 03/14/2017 in Richmond, VA |
| Birth parents | Mother: Maria Elena Reed; Father: David Ramirez, 88 Oak Lane, Norfolk, VA |
| Marriage | Married 08/19/2020 in Richmond, VA (Exhibit A) |
| Consent | Birth father David Ramirez consents via notarized Natural Parent Affidavit (Exhibit C) |
| Best interests | Child has lived with petitioners since 2021; adoption secures permanent family |
| Name change | From Lucas Miguel Ramirez to Lucas Miguel Reed |
| Signature | Signed and notarized by John and Maria Reed |
Scenario 2 — Grandparent (close relative) adopting after a parent’s death:
| Petition Section | What Carol Jennings Enters |
|---|---|
| Court / Caption | IN THE CIRCUIT COURT FOR THE COUNTY OF FAIRFAX; IN RE: ADOPTION OF A.D.J., a minor |
| Petitioner | Carol Ann Jennings, age 61, maternal grandmother |
| Address | 7 Birchwood Court, Fairfax, VA 22030 |
| Child | Aiden Daniel Jennings, born 11/02/2018 in Fairfax, VA |
| Birth parents | Mother: Sarah Jennings (deceased, death certificate Exhibit B); Father: unknown |
| Relationship | Petitioner is the child’s biological maternal grandmother |
| Consent / grounds | Mother deceased; father unknown, served by order of publication |
| Best interests | Child has lived with petitioner since infancy; adoption gives legal permanency |
| Name change | No change requested |
| Signature | Signed and notarized by Carol Ann Jennings |
Scenario 3 — Stepparent adopting an adult stepchild:
| Petition Section | What Robert Hayes Enters |
|---|---|
| Court / Caption | IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK; IN RE: ADOPTION OF DANIEL T. PRICE, an adult |
| Petitioner | Robert James Hayes, age 55, stepfather |
| Address | 19 Harbor View Drive, Norfolk, VA 23510 |
| Adoptee | Daniel Thomas Price, age 24, born 05/09/2002 in Virginia Beach, VA |
| Statute basis | Adult adoption under Va. Code § 63.2-1243; stood in loco parentis 3+ months |
| Consent | Daniel Thomas Price signs Consent Under Oath by Adult Adoptee (notarized) |
| Best interests | Petitioner raised Daniel since age 8; adoption formalizes the parent-child bond |
| Name change | From Daniel Thomas Price to Daniel Thomas Hayes |
| Signature | Signed and notarized by Robert James Hayes |
Beyond these, picture Aisha Bello, an aunt adopting her late sister’s daughter, who attaches a death certificate and pleads her relationship; or Marcus Lee, a stepfather whose ex-spouse contests consent, forcing him to plead grounds under Va. Code § 63.2-1205. Each filer changes only the consent and relationship facts while the petition’s skeleton stays the same.
How to File the Completed Form
Adoption petitions are filed on paper at the circuit court clerk’s office, since adoption files are sealed and confidential. Bring the signed, notarized petition plus at least two copies, the Civil Case Cover Sheet (CC-1416), the Natural Parent Affidavit or consents, the proposed Final Order of Adoption, and your exhibits like the birth and marriage certificates.
In person (the standard channel). Take your packet to the clerk of the circuit court in the city or county where you or the child lives, using the circuit court directory to confirm the address. Filing fees vary by court and often fall in the range of about $100 to $200; check your court’s schedule, such as the Fairfax filing fee list. Most clerks accept cash, check, money order, and many take cards; ask before you go, and keep your stamped copy as proof of filing.
By mail (where allowed). Some courts let you mail the packet with a check and a self-addressed stamped envelope for your stamped copy. Processing takes longer because the clerk reviews it after it arrives, and any defect means a return trip through the mail. Call first, since not every court accepts mailed adoption filings.
At finalization (Form VS-21). After the judge signs the Final Order of Adoption, you complete the Report of Adoption (Form VS-21) at the clerk’s office and pay the $10 fee. This form goes to the Virginia Department of Health, Division of Vital Records, which issues the child’s amended birth certificate. Keep a certified copy of the final order for your records, since it is your legal proof of the adoption.
What Happens After You File
Once the clerk accepts your petition, the case gets a number and the court reviews whether all consents, notices, and statements are in order. For stepparent and many close-relative cases, the court may waive a full home study, but it can still order a report of investigation if it wants more information about the child’s home.
If a birth parent was served by publication or has not consented, the court allows time for that parent to respond before moving ahead. When everything is in order, the judge may grant the adoption on the papers or set a short, often friendly, hearing. Uncontested stepparent and relative adoptions commonly finalize within about three to six months, though timing varies by court and by how clean the packet is.
When the judge signs the Final Order of Adoption, the child becomes your legal child with full inheritance, custody, and support rights. You then file Form VS-21 so Vital Records can issue an amended birth certificate showing the new parent and any new name. Keep a certified copy of the final order forever, since you will need it for school, passports, Social Security, and benefits.
Mistakes to Avoid When Filling Out the Petition
Small errors in an adoption petition cause big delays, so review each line against your documents. The list below covers the errors clerks and judges see most often.
- Naming the wrong circuit court, which sends your case to a venue with no power over your family and forces a refile.
- Using the child’s nickname instead of the legal name, which breaks the match with the birth certificate and halts processing.
- A birth-date or spelling mismatch with the birth certificate, which leaves the court unable to verify the child.
- Leaving the legal parent off a stepparent petition, which confuses whose rights survive the adoption.
- Claiming consent without attaching the notarized Natural Parent Affidavit, which makes the case look contested.
- Guessing at an absent parent’s address, which voids legal notice and can reopen the case later.
- Forgetting to attach the marriage certificate, which leaves your standing to adopt unproven.
- Signing the petition before reaching the notary, which voids the verification and requires a redo.
- Omitting the name-change request, which means the child’s name will not change without a separate later case.
- Praying for relief you never pleaded, which the judge legally cannot grant.
- Skipping the Civil Case Cover Sheet (CC-1416), which causes the clerk to refuse the filing.
- Arriving without the filing fee or the $10 VS-21 fee, which means no filing happens that day.
Do’s and Don’ts
A few habits keep your adoption on track and spare you a wasted trip to the courthouse. Follow these before you file.
Do:
- Do match every name and date to the certified birth and marriage certificates, because the court cross-checks them.
- Do attach all consents, affidavits, and certificates as labeled exhibits, since the clerk verifies each one.
- Do sign only in front of the notary, because the petition must be sworn to be valid.
- Do call your circuit court clerk first, since local filing rules and fees differ by county.
- Do keep certified copies of the petition and final order, because you will need them for years.
- Do state your reasons and the child’s best interests in clear, honest detail, since the judge relies on them.
Don’t:
- Don’t assume an absent parent has no rights, because Virginia still requires notice or termination.
- Don’t treat silence as consent, since consent must be written, signed, and notarized.
- Don’t paraphrase the new name you want, because Vital Records uses your exact wording.
- Don’t file in a county unrelated to where you or the child lives, since venue can sink the case.
- Don’t forget the proposed Final Order of Adoption, because the judge needs a document to sign.
- Don’t skip Form VS-21 at the end, since without it the amended birth certificate is never issued.
Pros and Cons of Filing on Your Own vs. With Help
Many Virginia stepparent and relative adoptions are uncontested and simple enough to file pro se, but some cases truly need a lawyer. Weigh the trade-offs below for your situation.
Pros of filing on your own:
- You save attorney fees, which can run well over $1,000 even for uncontested cases, because you do the drafting.
- You control the timeline, since you file as soon as your documents are ready.
- Uncontested stepparent cases are often straightforward, so the paperwork is manageable.
- You learn your own case deeply, which helps you answer the judge’s questions clearly.
- Free court self-help resources exist, like the Virginia courts self-help site, to guide you.
Cons of filing on your own:
- A single drafting error can stall the case for months, because clerks reject incomplete petitions.
- Contested consent or an unknown parent raises legal issues you may not handle well, risking dismissal.
- You must draft the petition and final order from scratch, which is harder without a template.
- Mistakes in service or notice can void the adoption later, creating long-term risk.
- You get no legal advice on edge cases, so unusual facts can trip you up.
To compare the two routes at a glance:
| Filing Pro Se | Filing With an Attorney |
|---|---|
| Lower cost, mostly court and VS-21 fees | Higher cost, often $1,000+ flat fees |
| You draft the petition and order yourself | Attorney drafts and reviews all documents |
| Best for uncontested, simple cases | Best for contested consent or missing parents |
| You manage filing and follow-up | Attorney handles filing and hearings |
| No legal advice on tricky issues | Professional guidance on edge cases |
The key agencies and authorities to know are the circuit court that decides the case, the Virginia Department of Health Division of Vital Records that issues the amended birth certificate, and the statutes in Title 63.2, Chapter 12 that govern consent, venue, and adult adoption. Each one touches a different stage, from filing to the final certificate.
FAQs
Do I file the Virginia Petition for Adoption in any circuit court?
No. File in the circuit court for the city or county where the petitioner or the child resides, as required by Va. Code § 63.2-1201, or the case may be dismissed or transferred.
Is there one official statewide Petition for Adoption form to download?
No. Virginia treats the petition as a drafted pleading, not a fill-in PDF, though related items like the Civil Case Cover Sheet CC-1416 and Form VS-21 are standardized statewide.
Do both spouses sign a stepparent adoption petition?
Yes. The adopting stepparent and the child’s legal parent usually co-petition, so the existing parent joins to consent and keep their own parental rights after the decree.
Do I write the child’s legal name or nickname in the child paragraph?
No nickname. Use the child’s full legal name exactly as it appears on the certified birth certificate, or the clerk cannot match court records and processing stops.
Do I write the new last name in the petition if I want a name change?
Yes. State the exact new name in the name-change paragraph and the prayer, because the name does not change automatically and Vital Records copies your wording word for word.
Do I need the other birth parent’s consent for a stepparent adoption?
Yes, usually. The non-custodial parent must consent in a notarized affidavit, or you must plead grounds to proceed without consent under Va. Code § 63.2-1205.
Do I attach the marriage certificate to the petition?
Yes. Attach it as a labeled exhibit, because it proves the marriage that gives a stepparent standing to adopt, and the court does not already have it on file.
Do I sign the petition before going to the notary?
No. Sign only in front of the notary, since the petition must be sworn and acknowledged, and signing early voids the verification and forces a redo.
Do I need birth-parent consent to adopt an adult in Virginia?
No. For adult adoption under Va. Code § 63.2-1243, the adult adoptee’s own notarized consent is required, and birth-parent consent is generally not needed.
Do I pay a separate fee for Form VS-21 at the end?
Yes. There is currently a $10 administrative fee for Form VS-21, which you file after the judge signs the final order so Vital Records can issue an amended birth certificate.
Do stepparent adoptions always require a home study?
No. Courts often waive a full home study for stepparent and close-relative cases, though the judge may still order a report of investigation when more information is needed.
Do I list an absent parent if I cannot find them?
Yes. Name the absent parent and their last known address, then give legal notice by order of publication, because skipping notice can void the adoption later.
Do I include a proposed Final Order of Adoption with my petition?
Yes. Draft and attach the proposed final order so the judge has a document to sign, leaving blanks for the date and signature at the bottom.
Do I file the petition online in Virginia?
No. Adoption files are confidential and filed on paper in person at the clerk’s office, though a few courts may allow mailing the packet on request.
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