When Do You Consider an Uncontested Adoption?
Blended families are becoming more and more common after a divorce or breakup. Oftentimes, a stepparent becomes a significant figure in a stepchild’s life. In some blended families, a stepparent may want to adopt his or her stepchild. Such is common if the non-custodial biological parents has died or expressed a desire for little or no contact with the child. Read more to learn about uncontested adoptions in Northern Virginia.
Blended families can also occur when a close relative of a child begins caring for the child due to unique circumstances. For example, this might happen when one or both of the child’s parents are deceased, or are not involved in the child’s life.
An uncontested adoption in Virginia allows a stepparent, or close family relative, to legally adopt a child and obtain the rights and responsibilities of a biological parent. Continue reading to learn the procedure for an uncontested adoption in Virginia, including which party must initiate the process.
What is an Uncontested Adoption?
An uncontested adoption is the process by which a stepparent, or close relative, assumes legal responsibility for a child with neither of the biological parents objecting to the adoption. Also referred to as a simple adoption, it does not typically require a court hearing and is possible when one or both of the child’s biological parent is deceased, unknown, or willing to terminate parental rights. [Related articles: Child Custody and Child Support]
What is the Process for an Uncontested Adoption in Virginia?
In order to initiate an uncontested adoption in Virginia, an adoption petition must be filed with the local Circuit Court. Depending on the circumstances, it may be required that the biological parent(s) be involved in the process to provide consent for the adoption.
If the court approves the adoption, it will enter a final order of adoption. In some cases, a court hearing, criminal background check, and/or home study may be necessary before the court will finalize the adoption.
Which Party Must Initiate the Adoption Process?
In Virginia, the stepparent, or close family relative, is the party to initiate an uncontested adoption. The custodial biological parent then joins this person in the Petition.
The longer the stepparent, or close family relative, has been living with the child, the more likely it is that the court will grant the adoption without a hearing or home study.
Learn More About Uncontested Adoption
The attorneys at Cooper Ginsberg Gray have the ability to assist clients in the rewarding process of uncontested adoption matters. To learn more about the adoption process and our services please contact us or call our office today.