Virginia code section § 63.2-1241 provides the statutory framework for a step-parent adoption.  A step parent adoption occurs when a spouse of a birth parent intends to adopt the child.  In today’s society there are many different events and circumstances that give rise to one of the birth parent’s being absent in the child’s life such as:  divorce; death of a parent; non-custodial parent is absent from child’s life due to neglect, visitation distance, or disinterest in the child’s life.

A step-parent adoption is procedurally straight forward and involves the non-custodial parent surrendering their parental rights and allowing the adoptive parent to fill their shoes as the new parent.  A step-parent adoption is uncontested when the non-custodial parent, custodial parent and adoptive parent are all in agreement on the adoption and the non-custodial parent is willing to sign over his/her parental rights.  When all parties are in agreement on the adoption a home study of the adoptive parent’s home is not required and is normally not done.  The Court however has the discretion to request a home study if they believe it is warranted.

A step-parent adoption can still be done in face of the non-custodial parent’s unwillingness to surrender their parental rights but the legal process will require a court hearing.