Any minor entitled to sue may do so by his next friend. Either or both parents may sue on behalf of a minor as his next friend.
§ 8.01-8.How minors may sue.
Chapter 2. Parties · Article 2. Special Provisions · Last amended 1998 · Last verified July 16, 2026
In one sentenceSection 8.01-8 allows a minor entitled to sue to do so through a next friend, and specifically permits either or both of the minor’s parents to act as that next friend.
Full Text of § 8.01-8
Plain-English Summary
A minor generally cannot bring a lawsuit in his own name and right. Section 8.01-8 provides the mechanism Virginia uses instead: any minor entitled to sue may do so by his next friend, an adult who steps in to represent the minor’s interest in prosecuting the action.
The section singles out one obvious candidate for that role — either or both of the minor’s parents may sue on the minor’s behalf as next friend, without needing to look elsewhere first.
Frequently Asked Questions
Can a minor bring a lawsuit directly in Virginia?
Not in his own name alone. Section 8.01-8 requires a minor entitled to sue to do so by his next friend.
Who can serve as a minor’s next friend under this section?
Section 8.01-8 specifically allows either parent, or both parents together, to sue on the minor’s behalf as next friend.
What does a next friend do in a lawsuit?
A next friend is the adult who brings and prosecutes the action on the minor’s behalf, since Section 8.01-8 requires the suit to proceed through that person rather than the minor alone.
Can both of a minor’s parents act together as next friend?
Yes. Section 8.01-8 allows either or both parents to sue on behalf of the minor as next friend.
Does this section apply to every kind of case a minor might bring?
Section 8.01-8 applies broadly to any minor entitled to sue, requiring the action to proceed through a next friend.
Amendment History
Code 1950, § 8-87; 1977, c. 617; 1998, c. 402.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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