Can a stepfather adopt his wife's child in Delaware?

Yes, a stepfather can adopt his wife's child in Delaware, and the case is handled by the Family Court in your county. Here is what Delaware's rules mean for a stepfather.

Who can file. Under 13 Del. C. § 903, the person adopting must be over age 21 when the petition is filed. He must also be a Delaware resident, or a person with whom the child has been placed under § 904. Delaware sets no minimum number of months you must have lived in the state before filing.

Consent from the child. Under 13 Del. C. § 907(b), Delaware sets the child's consent age at 14. If the child is 14 or older, plan for the child's consent to be part of the process.

The child's other legal parent. This is often the most important question in a stepparent adoption. Delaware treats ending the other parent's rights as a separate step from the adoption itself. The abandonment period is 6 months under 13 Del. C. § 1103. Whether that applies to your family depends on your facts, such as how much contact there has been and whether the other parent agrees. If the other parent is unknown, cannot be found, or disagrees, ask the Family Court clerk in your county or an attorney about your specific situation.

Home study. Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Plan for it as part of your case rather than assuming it will be skipped. The Family Court clerk can tell you how it is arranged in your county.

Timeline. Stepparent adoptions in Delaware typically take 4-6 months. Your timing will depend on your county, your court's schedule, and whether the other parent's rights are already resolved.

Fees and paperwork. The Family Court clerk in your county can confirm the current filing fee and any local filing requirements. After the adoption is final, the Delaware Office of Vital Statistics is the agency that handles Delaware birth records, so ask the clerk how any record changes are requested.

Quick checklist for a stepfather:

• He is over 21 and lives in Delaware.
• You know whether the child is 14 or older and will need to give consent.
• You have a plan for the child's other legal parent, whether that is consent or the separate step of ending that parent's rights.
• You are prepared for the home study.
• You know which of Delaware's three counties your petition belongs in.

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. The price is $349 for the first child and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 89 Delaware families, and we're happy to walk you through the next step.