Delaware's requirements are short, and you can meet them. You must be over 21 and a Delaware resident, with no minimum residency period. Your stepchild must consent if they are 14 or older. The petition is filed in Family Court, and Delaware does not waive the home study for stepparents. The requirement that worries families most is the other parent's consent, and in most stepparent adoptions that parent never signs. The judge approves the adoption anyway, typically because that parent stopped contact or support, cannot be found, or has died. In our experience, about 80% of the stepparent adoptions we have completed went forward without the other biological parent's consent.
The requirements at a glance
Delaware's adoption rules are in Delaware Code Title 13, Chapter 9. Here is what applies to a stepparent:
| Requirement | Delaware |
|---|---|
| Court | Family Court (Delaware has three counties) |
| Your age | Over 21 when you file (13 Del. C. § 903) |
| Residency | Delaware resident, no minimum number of months (13 Del. C. § 903) |
| Child's consent | Child 14 or older consents (13 Del. C. § 907(b)) |
| Abandonment period | Six months (13 Del. C. § 1103) |
| Home study | Not waived (13 Del. C. § 912) |
| Ending the other parent's rights | Separate from the adoption petition |
| Timeline | 4-6 months for a stepparent adoption |
You and the child: age, residency, consent
Your age. You must be over 21 when the petition is filed (13 Del. C. § 903). Delaware states no required age gap between you and the child.
Your residency. You must be a Delaware resident, but there is no minimum residency period. You don't have to count months. Whether you live in Wilmington, Dover, Newark, Middletown, Smyrna, or anywhere else in the state, the rule is the same (13 Del. C. § 903).
Your stepchild's consent. A child who is 14 or older consents to their own adoption (13 Del. C. § 907(b)). If your stepchild is that age, talk with them early so the consent is ready when you file.
The other parent: where most families worry
Courts want a child to have the security of two active legal parents. When one parent has dropped out of the picture, adoption by the stepparent who is actually there gives the child that security.
Most of the time, the other parent never signs. Courts see this every day. The other parent stopped calling, stopped paying support, moved away and can't be found, or has died. The judge approves the adoption anyway.
Here is how it works in Delaware:
- Ending the other parent's rights is its own step. Delaware handles it separately from the adoption petition. That means two sets of paperwork, and we prepare both.
- The abandonment period is six months. Delaware uses six months for abandonment (13 Del. C. § 1103). If the other parent has gone that long without contact or support, that history is the heart of your filing.
- Notice is routine. If the other parent can be located, they are formally notified. If they can't be found, notice by publication is a standard step. We prepare those documents for you.
- A parent who does sign makes things simpler, but you don't need a signature to move forward.
If the other parent actively shows up to fight the adoption in court, some families choose to add an attorney for that hearing. For everything else, you can handle the filing yourself.
Child support. When the adoption is final, the other parent's duty to pay support going forward ends. Whether past-due support can still be collected depends on Delaware law, and we don't tell families it disappears.
Home study, timeline and fees
Home study. Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Treat it as a normal part of the process. We build it into your plan so it doesn't surprise you, and if you want to talk through what it involves, call us at (855) 924-0450.
Timeline. A stepparent adoption in Delaware generally takes 4-6 months. An adult adoption generally takes 2-3 months.
Court fees. Your county clerk sets the Family Court filing fee. Call the clerk's office to confirm the current amount and whether the court wants any local forms with your filing.
After the decree. The Delaware Office of Vital Statistics handles birth records. Once you have your decree, we can help you understand the next step for the child's record.
Questions families ask next
Do I need a lawyer to adopt my stepchild in Delaware?
No. Stepparents file on their own, and we prepare the court documents for your county. Some families add an attorney only if the other parent comes to court to contest.
Can I adopt an adult in Delaware?
Yes. Delaware allows adoption of any person over 18 (13 Del. C. § 951). The petitioner can be one person, a married couple filing jointly, or an unmarried couple filing jointly if they live together. Delaware sets no relationship, disability, or age-gap condition for adult adoption. The adult being adopted must appear in court and consent (13 Del. C. § 953). You file in the Family Court of the county where any petitioner or the person being adopted lives.
What if I can't find the other parent?
That is common, and it doesn't stop the adoption. Publication is a standard notice step. Tell us what you know about where they were last seen, and we build the filing around it.
What if the other parent has died?
Then there is no parent to consent or object, which is one of the most common reasons the other parent's signature isn't part of the case.
Does my county matter?
Delaware has three counties, and each has its own Family Court clerk, so fees and local forms can differ. We prepare your package for the county where you file.
How we help
StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and within 24-48 hours after you finish, we deliver the complete court-ready package for your county. You file it yourself without an attorney, and we support you until the decree. The cost is $349 for the first child (or for one adult adoptee) and $99 for each additional child, with a 100% court acceptance guarantee. We have helped 89 Delaware families and more than 34,000 families nationwide since 2001. Call us at (855) 924-0450.
Talk to a Delaware adoption specialist.
Real people, no pressure. Tell us your situation and we will tell you exactly what your court will want to see.
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Official sources and further reading
StepParent Adoption 360 is a document preparation service, not a law firm. This guide is general information, not legal advice.
