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Building Families Through Adoption for Over 30 Years

Can a Former Spouse Adopt?

| Nov 19, 2015 | Uncategorized |

There is a statute in Virginia which allows a former spouse to adopt if he or she stood in loco parentis to the child or children during the marriage.

Loco Parentis means to be in the position of a parent.  The most common example would be if a step father lived with and cared for the children for several years during the marriage and became a father figure to them, but later divorced the mother.  In that situation, if the mother agrees, a step parent adoption can still be done even after the divorce.

It is important to note that the couple must have lived together during their marriage.  The statute will not apply if they lived together and were not married.