Can a step-grandparent adopt a grandchild in Delaware?

Possibly, but it depends on your situation. In Delaware, a step-grandparent is not automatically ruled out or ruled in. The rules turn on whether your grandchild is a minor or an adult, and on the facts of the child's family. Delaware's adoption law does not single out step-grandparents in the information we work from, so confirm your exact situation with the Family Court clerk in your county or with an attorney.

If your grandchild is a minor:

• The petition goes to the Family Court.
• Under 13 Del. C. § 903, an adopting person must be over 21 when the petition is filed. They 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 of residency.
• Delaware does not waive the home study (13 Del. C. § 912), so plan for that step.
• If the child is 14 or older, the child's consent is part of the process (13 Del. C. § 907(b)).
• Delaware treats termination of parental rights as a separate proceeding from the adoption itself.
• Where a parent's rights are ended because of abandonment, the period involved is 6 months (13 Del. C. § 1103).
• Whether a particular parent must consent, or whether their rights can be ended in your case, depends on the facts. Ask the clerk or an attorney, especially if a parent is missing, unknown, or disagrees.

If your grandchild is an adult (over 18):

• Delaware allows adoption of a person over 18 (13 Del. C. § 951).
• The adoption sections do not list a relationship requirement, and none state a minimum age for the adopting person.
• Petitioners can be an individual, a married couple filing jointly, or an unmarried