State Laws and Legislation

Virginia Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
Virginia law permits any person or married couple residing in the state to petition to adopt. VA. CODE ANN. § 63.2-1201. Additionally, there is nothing in the state regulations that explicitly prohibits gay, lesbian, bisexual or transgender individuals from adopting. 22 VA. ADMIN. CODE § 40-130-400.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s adopted child? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Updated: Mon, December 14, 2009 - 12:00:25