McAuliffe to Virginians: Same-Sex Spouses can now Legally Adopt

Gov. Terry McAuliffe and the Virginia Department of Social Services are informing local social services divisions that adoption between married same-sex couples is now legal in Virginia.

“Now that same-sex marriage in Virginia is officially legal, we owe it to all Virginians to ensure that every couple is treated equally under all of our laws, no matter whom they love,” Governor McAuliffe said in a statement. “This historic decision opened the door to marriage equality, and now it is my sincerest hope that it will also open more doors for Virginia children who need loving families.”

On Oct. 6, the Supreme Court declined to hear an appeal of Virginia’s ban on same-sex marriage, rendering the bans unconstitutional per the Fourth Circuit Court of Appeals’ July ruling.

“By formally recognizing that same-sex couples can now legally adopt, we are more fully complying with the ruling in this important case, and sending the message once again that Virginia is open and welcoming to everyone.”

Virginia law states that a “married couple or an unmarried individual shall be eligible to receive placement of a child for purposes of adoption.”

The state is in the process of reviewing all applicable statutes and regulations to determine what amendments, if any, need to be made.

“We take this opportunity to let you know how the court decision impacts the approval of foster and adoptive homes,” wrote Margaret Ross Schultze, commissioner of social services.

“When determining the appropriateness of a foster or adoptive home, Virginia, in response to the Fourth Circuit ruling, now recognizes any legally-performed marriage (same-sex or opposite-sex), whether performed in Virginia or another state. This ruling does not confer legal status to civil unions or domestic partnerships. Any married couple is a married couple for purposes of adoptive placements in accordance with Virginia Code § 63.2-1225.”