Legal Question in Family Law in Virginia

Can a legally married man, but seperated from spouse, not yet divorced, adopted a child(ren) without set spouse?


Asked on 11/12/11, 9:33 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Va. Code Sec. 63.2-1201 states in part: "In the case of married persons...

the petition (to adopt) shall be the joint petition of the spouses".

Consequently, based upon the foregoing, the active participation of this spouse

would appear to be required which is more than merely her consent

(unless as the cited statute goes on to state that this spouse is already

recognized legally as the parent of the child subject to the petition by

way of natural birth or adoption).

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Answered on 11/12/11, 11:08 am


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