The Supreme Court of Virginia ruled on March 12, 2026, that a stepmother may legally adopt a child without the biological mother's consent when that mother has had no contact or visitation with the child for at least six months before the adoption petition was filed. The decision in Perkins v. Howington affirms the statutory framework under Va. Code § 63.2-1202 and delivers a definitive answer to a question that has caused uncertainty in Virginia family courts for years.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Virginia Supreme Court affirmed stepmother adoption without biological mother's consent |
| Case name | Perkins v. Howington |
| Date decided | March 12, 2026 |
| Key statute | Va. Code § 63.2-1202 — exceptions to parental consent for adoption |
| Triggering factor | Biological mother had zero contact or visitation for 6+ months before petition filed |
| Background | Mother's visitation was revoked after failing court-ordered drug screenings |
Why This Ruling Matters for Virginia Families
Perkins v. Howington removes ambiguity about when a stepparent can proceed with adoption over a biological parent's objection. Before this decision, Virginia circuit courts applied Va. Code § 63.2-1202 inconsistently, with some judges requiring proof that a biological parent deliberately abandoned the child and others treating any six-month gap in contact as sufficient. The Supreme Court settled the question: the statute means what it says.
Under Va. Code § 63.2-1202, consent of a birth parent is not required when that parent, without just cause, has failed to visit or contact the child for a period of six months immediately preceding the filing of the adoption petition. The Court found that the biological mother in Perkins had not visited, called, written to, or otherwise contacted her child during the relevant six-month window. Her visitation rights had been revoked by a prior court order after she failed to comply with drug screenings — a fact the Court noted but did not treat as the dispositive issue.
The critical legal distinction here is that the Court focused on the objective fact of no contact rather than on the parent's subjective intent. The biological mother argued that her lack of contact was not voluntary because the court order prevented visitation. The Supreme Court rejected this argument, finding that the mother's own conduct — failing drug screenings that were a condition of visitation — caused the revocation. The Court held that a parent cannot create the conditions that lead to loss of visitation and then claim those conditions as "just cause" for failing to maintain contact.
This reasoning aligns Virginia with the majority approach among states that have addressed similar questions. According to the National Conference of State Legislatures, approximately 38 states have statutes that waive parental consent after defined periods of no contact, ranging from 60 days to 12 months depending on the jurisdiction. Virginia's six-month threshold under Va. Code § 63.2-1202 falls near the national median.
How Virginia Law Handles Consent in Stepparent Adoptions
Virginia's adoption consent framework is governed by Va. Code § 63.2-1200 through § 63.2-1204. The general rule under Va. Code § 63.2-1202 requires consent from both biological parents before an adoption can proceed. The statute then carves out specific exceptions where consent is not required.
The relevant exception applied in Perkins states that consent is unnecessary from a parent who, without just cause, has been unwilling to visit or communicate with the child for six months immediately before the filing of the petition for adoption. The burden of proving this exception falls on the petitioning stepparent, who must demonstrate the absence of contact by clear and convincing evidence — a standard higher than the typical preponderance but lower than beyond a reasonable doubt.
Virginia courts have also recognized exceptions under Va. Code § 63.2-1202 when a parent has failed to pay child support for six months, when parental rights have been terminated, or when a parent has been convicted of certain offenses against the child. The no-contact exception applied in Perkins is the most commonly litigated of these provisions, and the Supreme Court's decision now provides binding guidance for all Virginia circuit courts.
Stepparent adoptions in Virginia also require a home study conducted by a licensed child-placing agency under Va. Code § 63.2-1231, a requirement that applies regardless of whether the biological parent consents. The adoption must be in the best interests of the child, which the court evaluates independently of the consent question.
Practical Takeaways
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Document everything. If you are a stepparent considering adoption and the biological parent has had no contact with your stepchild, begin keeping a detailed written log now. Record every missed visit, every unanswered call, every birthday or holiday without communication. Virginia courts require clear and convincing evidence of the six-month gap, and contemporaneous records carry significantly more weight than after-the-fact testimony.
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The six-month clock is strict. Under Va. Code § 63.2-1202, the six months of no contact must be the six months immediately before you file the adoption petition. A gap in contact from January through June 2025 does not help if the biological parent sent a text message in July 2025 and you filed in August 2025. Even minimal contact can reset the clock.
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"Just cause" is a narrow defense. The Perkins decision confirms that a biological parent cannot claim "just cause" for lack of contact when their own behavior caused the conditions preventing contact. Failing court-ordered drug tests, violating protective orders, or refusing to comply with custody conditions will not excuse six months of silence.
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Consult an attorney before filing. Stepparent adoption petitions in Virginia require navigating multiple statutory requirements including home studies under Va. Code § 63.2-1231, proper notice to the biological parent, and potentially a guardian ad litem appointment. Filing errors can delay the process by months.
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The biological parent will be notified. Even when consent is not required, Virginia law mandates that the biological parent receive notice of the adoption proceeding. The parent then has the opportunity to appear and argue that just cause existed for the lack of contact. The Perkins decision makes clear that this is a high bar to meet when the parent's own conduct caused the absence.
Frequently Asked Questions
How long does a biological parent have to be absent before a stepparent can adopt in Virginia?
Under Va. Code § 63.2-1202, a stepparent may petition to adopt without the biological parent's consent after six consecutive months of no visitation or contact immediately preceding the filing date. The Perkins v. Howington decision, issued March 12, 2026, confirmed that courts evaluate the objective fact of no contact rather than the parent's stated reasons for the absence.
Can a biological parent block a stepparent adoption by sending a single text message?
Yes, even minimal contact can reset the six-month clock under Virginia law. A single text, phone call, letter, or social media message to the child during the six months before the petition is filed may be enough to defeat the no-consent exception under Va. Code § 63.2-1202. Courts evaluate whether any meaningful communication occurred, which is why thorough documentation is essential.
Does the biological parent lose all parental rights after a stepparent adoption?
Yes. Once a Virginia court grants a stepparent adoption, the biological parent's legal rights and obligations are permanently terminated under Va. Code § 63.2-1215. This includes the right to visitation, the right to make decisions about the child's education and medical care, and the obligation to pay child support. The adoption creates a new legal parent-child relationship with the stepparent.
What is the "just cause" defense against adoption without consent in Virginia?
The biological parent can argue that just cause — such as a court order, military deployment, or serious illness — prevented contact with the child. However, the Perkins v. Howington ruling established that a parent cannot claim just cause when their own actions, such as failing court-ordered drug screenings, caused the conditions that prevented visitation. The defense requires circumstances genuinely beyond the parent's control.
How much does a stepparent adoption cost in Virginia?
A stepparent adoption in Virginia typically costs between $1,500 and $5,000 in attorney fees, plus court filing fees of approximately $150 to $300 depending on the circuit court. A mandatory home study under Va. Code § 63.2-1231 adds $500 to $2,000. Contested adoptions where the biological parent objects can cost $10,000 or more due to additional hearings and potential guardian ad litem fees.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.