Legal Question in Family Law in Virginia

Re: Adoption after 18

There are special circumstances for adopting a person 18 years of age or over. Any person residing in VA may file a petition in family court to adopt (i) a stepchild age 18 or over to whom he has acted as a parent for at least 3 months; (ii) a niece or nephew over 18 who has no living parents and who has lived in the petitioner's (the party seeking to adopt) home for at least 3 months; (iii) any person age 18 or over who is petitioner's birth child or who has resided in petitioner's home for at least 3 months before reaching the age of 18; or (iv) a person 18 or over, "for good cause shown" provided the adoptee (the child) is at least 15 years younger than the petitioner and the two have known each other for at least 5 years before the adoption petition is filed and both were residents of VA during the 5 year period they knew each other. In such instances, the consent of the adoptee is required, but the consent of the adoptee's parents is not necessary. Unless required by the court, the usual provisions for preadoptive investigations and visitations are not required for adult adoptions within the first three categories listed above; in cases under (iv) the court requires an investigation and report to be made.

From the facts you suggested it looks like you may fall into category (iii) or (iv). Obviously (iii) is a much easier adoption because no investigation is required as it is under (iv).

If you have any questions, please do not hesitate to contact me at 301-652-0663 or 703-598-9220.