New Law Allows Divorced Parents to Adopt

Governor Kaine has signed into law a provision which allows previously married persons who stood in loco parentis to a child to still adopt that child. This is an exception to the general rule in Virginia that only married persons or a single person may adopt. To stand in loco parentis means to have formed a parent child relationship.

The new law, which will be Section 63.2-1201.1 of the Code of Virginia, provides that "a man and woman previously married to each other who stood in loco parentis to a child during their marriage to each other, and who could have adopted or readopted the child pursuant to this chapter while married to each other, but whose marriage is void, has been annulled or has dissolved, may adopt or readopt the child pursuant to the provisions in this chapter that are applicable to married persons."

The law also contains a provision for previous step parents. It allows an individual who was previously married to a parent of a child, and who stood in loco parentis to that child during the marriage, to adopt that child. However, the consent of the biological parent to whom the step parent was married is required.

The fact that the previously married persons have remarried is not a bar to the adoption.

The law includes a clarifying statement that it shall not be construed to allow any child to have more than two living legal parents, one father and one mother.