Virginia Code

Va. Code Ann. § 63.2-1201 (2026)

Filing of petition for adoption; venue; jurisdiction; and proceedings

✓ current as of May 2026

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Proceedings for the adoption of a minor child and for a change of name of such child shall be instituted only by petition to a circuit court in the county or city in which the petitioner resides, in the county or city in which the child-placing agency that placed the child is located, or in the county or city in which a birth parent executed a consent pursuant to § 63.2-1233. Such petition may be filed by any natural person who resides in the Commonwealth, or who has custody of a child placed by a child-placing agency of the Commonwealth, or by an adopting parent of a child who was subject to a consent proceeding held pursuant to § 63.2-1233, or by intended parents who are parties to a surrogacy contract. The petition shall ask leave to adopt a minor child not legally the petitioner's by birth and, if it is so desired by the petitioner, also to change the name of such child. In the case of married persons, or persons who were previously married who are permitted to adopt a child under § 63.2-1201.1, the petition shall be the joint petition of the husband and wife or former spouses but, in the event the child to be adopted is legally the child by birth or adoption of one of the petitioners, such petitioner shall unite in the petition for the purpose of indicating consent to the prayer thereof only. If any procedural provision of this chapter applies to only one of the adoptive parents, then the court may waive the application of the procedural provision for the spouse of the adoptive parent to whom the provision applies. The petition shall contain a full disclosure of the circumstances under which the child came to live, and is living, in the home of the petitioner. Each petition for adoption shall be signed by the petitioner as well as by counsel of record, if any. In any case in which the petition seeks the entry of an adoption order without referral for investigation, the petition shall be under oath.

A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents, and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.

The petition for adoption, except those filed pursuant to subdivisions 4 and 5 of § 63.2-1210, shall include an additional $50 filing fee that shall be used to fund the Virginia Birth Father Registry established in Article 7 (§ 63.2-1249 et seq.) of this chapter.

A petition filed while the child is under 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of a final order of adoption. Any final order of adoption entered pursuant to § 63.2-1213 after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the circuit court provided the court has obtained the consent of the adoptee.

Code 1950, § 63-348; 1952, c. 550; 1954, c. 489; 1956, c. 300; 1964, c. 459; 1968, c. 578, § 63.1-221; 1970, c. 672; 1973, c. 406; 1975, c. 461; 1978, c. 730; 1983, c. 614; 1988, c. 882; 1989, c. 647; 1991, cc. 76, 602; 1995, cc. 772, 826; 2000, c. 830, § 63.1-219.9; 2002, c. 747; 2006, cc. 825, 848; 2007, cc. 606, 623; 2008, cc. 116, 868; 2009, c. 805; 2017, c. 200; 2022, c. 377.

Notes of Decisions

Cited in 20 cases (9 in the last 5 years), 2005–2026 · leading case: Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018).

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Gary D. Knight, Jr. v. Howard Ottrix & Kahlilah Ottrix, 820 S.E.2d 411 (Va. Ct. App. 2018). · cites it 3× “The circuit court therefore had no derivative subject matter jurisdiction to hear an appeal of the JDR court’s ruling.”

Davenport v. Little-Bowser, 611 S.E.2d 366 (Va. 2005). · cites it 4× “Additionally, the Commonwealth argues that its restrictive interpretation should be adopted because it is consistent with Code § 63.2-1201, which limits the filing of an adoption petition to single individuals or to married couples.”

Bostic v. Rainey, 970 F. Supp. 2d 456 (E.D. Va. 2014). “§§ 63.2-1201, 63.2-1202 (2014). Ms. Schall and Ms.”

Todd v. Copeland, 689 S.E.2d 784 (Va. Ct. App. 2010). · cites it 2× “See Code § 63.2-1201. It is the beginning of the actual adoption process.”

T.S.G. v. B.A.S., 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “3, include, for example, the petition filing requirements under Code § 63.2-1201; the consent requirement, and the exception thereto, under Code §§ 63.”

Lisa J. Yokshas & Scott L. Greaser v. Bristol City Dep't of Soc. Servs. (Va. Ct. App. 2017). · cites it 15× “Notably, that statute states that an adoption petition may be filed by any natural person who resides in the Commonwealth, or who has custody of a child placed by a child-placing agency of the Commonwealth, or by an adopting parent of a child who was subject to a consent…”

Mast v. A.A. (Va. 2026). · cites it 5× “On November 8, 2019, thousands of miles from Afghanistan, the Masts secured an interlocutory adoption order from the Fluvanna County Circuit Court, under Code § 63.2-1201, 3 relying on the nugatory custody order issued by 42F the JDR court.”

John Berry v. Mary Barnes, Tricia Ann Scanlon & Donald Edward Scanlon (Va. Ct. App. 2020). · cites it 4× “Although adoption of a child can “be instituted only by petition to a circuit court,” Code § 63.2-1201, the parental placement framework assigns to the JDR courts some of the preliminary steps.”

In re Pruett, 87 Va. Cir. 68 (Roanoke County Cir. Ct. 2013). · cites it 6× “Va. Code § 63.2-1201. A child may be placed for adoption by her birth parent if the placement is a “parental placement,” Va.”

TSG v. Bas, 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “3, include, for example, the petition filing requirements under Code § 63.2-1201; the consent requirement, and the exception thereto, under Code §§ 63.”

Samantha Colleen Coward v. Tina Louise Joseph & Michael A. Joseph (Va. Ct. App. 2021). · cites it 3× “at 525 (quoting Code § 63.2-1201). Because the Josephs were residents of Wise County, the Josephs properly filed their petition for adoption in the Wise County Circuit Court.”

Alison Helena Moroney v. Kelly Lynn Majerus (Va. Ct. App. 2024). · cites it 3× “Code § 63.2-1201 specifies the requirements for filing a stepparent petition for adoption.”

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