Legal Question in Family Law in Virginia
Step parent adoption
In Virginia, what is the law related to stepparent adoption of a 10 year old whose parent has had no contact with him since birth? Must I attempt to locate the parent before preceding with the adoption?
2 Answers from Attorneys
Re: Step parent adoption
Yes. You must affirm under oath that you have made a good faith effort to locate the natural parent.
Re: Step parent adoption
Although written consent from the father would normally be required, the court has the power to grant adoption if, after hearing evidence, it finds that the valid consent of the father is being withheld contrary to the best interest of the child or is unobtainable. The petition can be granted 21 days after personal service on the father or if you cannot locate him (after good faith effort) then 10 days after completion of service effected through publication (usually in a newspaper to give him notice).
If you have any more questions please do not hesitate to call my VA office at 703-598-9220 or my MD office at 301-652-0663.
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