Can a same-sex stepparent adopt in Delaware?

Yes, a same-sex stepparent can ask to adopt a stepchild in Delaware by filing a petition in Family Court, and the requirements below are the ones we have on file for stepparent adoption in the state. The Delaware requirements listed below do not turn on whether the stepparent is in a same-sex or opposite-sex relationship.

Where you file: Family Court, in one of Delaware's 3 counties. The clerk in your county can tell you about local filing procedures and court fees.

Key requirements to know:

• Age and residency: For a child's adoption, you must be over 21 when the petition is filed, and you must be a Delaware resident or a person with whom a child has been placed (13 Del. C. § 903). Delaware sets no minimum residency period, so you do not have to live in the state for a set number of months first.
• Your child's consent: If your child is 14 or older, their consent is part of the process (13 Del. C. § 907(b)).
• The other legal parent: Their role in the case depends on your facts. Delaware's abandonment period is 6 months (13 Del. C. § 1103). Ending the other parent's rights is handled as a separate step from the adoption itself. If the other parent is unknown, unreachable, or likely to contest, talk with the Family Court clerk or an attorney about your specific situation.
• Home study: Delaware does not waive the home study for stepparents (13 Del. C. § 912), so plan for that step.

Situations that depend on your facts: Families often ask about a few scenarios:

• A wife adopting her wife's child
• A husband adopting his husband's child
• An unmarried couple
• A child who has no second legal parent on record

Delaware law on how the Family Court treats these particular situations, including whether marriage to the child's parent is required and what happens when there is no second legal parent, should be confirmed with the Family Court clerk in your county or with an attorney. We don't want you guessing on a point that affects your family's legal protection.

Timeline: A stepparent adoption in Delaware typically runs about 4-6 months. Contested cases or missing paperwork can change that, so treat it as a general expectation, not a promise.

Fair treatment: Your family goes through the same court process as any other stepparent family. If you ever feel you were treated differently because of your family's makeup, write down what happened and speak with an attorney or an LGBTQ+ family law advocacy organization about your options.

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.