Because adoption in Virginia by statute must be by a married couple (defined in Virginia under the recent Constitutional changes as between a man and a woman) or by a single person, it currently is not possible for same-sex couples to have an adoption done in Virginia with both partners adopting at the same time. It may be possible; however, depending on the current state of Virginia ICPC office approval, for same-sex couples to adopt together in another state that recognizes same-sex placements and return to Virginia with the child. It is important to be in constant consultation with a Virginia adoption attorney though that is on top of the most recent Virginia ICPC office policy to ensure that there will be no hitches in getting interstate approval to bring the child home from the other state. Moreover, separate home studies may need to be done on each partner.

Moreover, it is usually possible for same-sex couples in other states to adopt a child from Virginia provided that same-sex adoptions are permissible in their home state. Again, an experienced adoption attorney in Virginia should be consulted to ensure that there will not be any hitches with obtaining Virginia ICPC (interstate) approval.

It is feasible for one partner to adopt as a single adoptive parent in Virginia. For purposes of home study approval, typically one partner of the same-sex couple will be the one to adopt the child, with the other partner listed as a “roommate.”  However, some agencies have been more forthcoming in their home studies of the exact nature of the relationship between the parties, and more judges have been accepting of such open disclosure.  If the couple resides in Virginia, the best option for the non-adopting partner is to obtain a Joint Custody and Co-Guardianship Order.  Another option is for the couple to establish residency in another state, such as the District of Columbia or Maryland, for the requisite residency period, in order to accomplish a second parent adoption.