Close Relation Adoptions

Virginia law recognizes that “close relatives” may want to adopt a child when a birth parent decides to place a child up for adoption.  Accordingly, there are special laws written to govern adoptions by close relatives.  A “close relative adoption” occurs when a child is adopted by one of the following relatives:

• Grandparent
• Great-grandparent
• Adult nephew or niece
• Adult brother or sister
• Adult aunt or uncle, or
• Adult great-aunt or great uncle

Requirements for this type of adoption depend on the amount of time the child has been in the close relatives home.

If the child has been in the home for less than three years – the adoption is much like a parental placement adoption:

• Adoption case is brought in the J&DR district court;
• The J&DR court reviews and approves home study;
• Unlike parental placement adoptions, no consent hearing is required and a written out-of-court consent is all that is needed; and
• Upon approval by the J&DR court, file for petition in appropriate circuit court.

If the child has been in the home for more than three years – the close relatives may file for adoption directly in the circuit court.  More often than not, a court will not require the adoptive parents to undergo a home study.