Can a non-citizen adopt a stepchild in Delaware?

Possibly yes. The Delaware stepparent adoption requirements we work with focus on your age and Delaware residency, and they do not mention U.S. citizenship. How your particular immigration status is treated is a question to confirm with the Family Court clerk in your county or with an attorney.

What Delaware asks of an adopting stepparent:

• Age: You must be over 21 when the petition is filed (13 Del. C. § 903).
• Residency: You must be a Delaware resident, or a person with whom the child has been placed (13 Del. C. § 903). Delaware sets no minimum number of months you must have lived in the state.
• Court: The petition is filed in Family Court.

Other parts of the process that apply to every stepparent:

• Child's consent: A child who is 14 or older must consent (13 Del. C. § 907(b)).
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912).
• The other biological parent: If that parent will not consent, the case depends on the facts. Delaware's abandonment period is 6 months (13 Del. C. § 1103), and termination of parental rights is handled as a separate step. For a contested case or an unknown parent, speak with an attorney or the Family Court clerk.

Where your immigration status may matter: The adoption laws we rely on do not say how a visa, green card, DACA or undocumented status affects a stepparent's petition. Things like background checks, documents from other countries, or how an adoption interacts with your immigration case are best answered by the Family Court clerk for your county. An immigration attorney can advise on the immigration side. Please don't assume either way. Check before you file, especially if your status is temporary or uncertain.

Timeline: Stepparent adoptions in Delaware typically take 4-6 months. A case that raises extra questions, such as a parent who has not consented, may take longer.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. Court-ready documents are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we back our work with a 100% court acceptance guarantee. We have helped 89 Delaware families, and more than 34,000 families nationally since 2001.