Can a stepmother adopt her husband's child in Delaware?

Yes, a stepmother can adopt her husband's child in Delaware through a stepparent adoption filed in Family Court. Delaware's adoption rules are in Delaware Code Title 13, Chapter 9, and you file in the Family Court for your county. Delaware has 3 counties, and the clerk's office in yours can answer local filing questions.

What matters for you as a stepmother:

• Your age and residency: You must be over age 21 when the petition is filed (13 Del. C. § 903). Delaware sets no minimum length of residency, so you do not have to live in the state for a set number of months first.
• Your stepchild's consent: A child who is 14 or older has a consent role under 13 Del. C. § 907(b).
• The child's mother: If she is not involved in the child's life, Delaware's abandonment provision uses a six-month period (13 Del. C. § 1103). Whether it applies depends on your family's facts. A mother who is involved, who cannot be found, or who disagrees is a situation to review with the Family Court clerk or a family law attorney.
• Ending the other parent's rights: In Delaware, termination of parental rights is a separate step from the adoption itself, so plan for it.
• Home study: Delaware does not waive the home study for stepparents (13 Del. C. § 912). Ask the clerk how it is arranged in your county.

How long it takes: Stepparent adoptions in Delaware typically take about 4-6 months. Your timing can vary with your county's schedule and with whether your case is uncontested.

Costs: Family Court filing fees and any other court costs are set by the court, so ask the clerk in your county for the current amounts. Our fee is separate and is listed below.

After the adoption: Once the court grants the decree, you can ask the Delaware Office of Vital Statistics how birth record updates are handled. Questions about the legal effect of the decree on your rights and responsibilities are worth confirming with an attorney.

When to get individual advice: Every family is different. If the child's mother or father is hard to locate, objects to the adoption, or if there is any dispute about custody, talk to the Family Court clerk or an attorney about that specific issue. They can tell you what applies to you.