Can a stepparent adopt without the father's permission in Delaware?

It can be possible in Delaware, but it depends on your facts. If the biological father will not agree, the path generally runs through the Family Court, and ending a father's parental rights is handled as a separate step from the adoption itself. Whether it applies to your family is something the Family Court clerk or an attorney should confirm.

Abandonment and the six-month period: Delaware's abandonment provision is 13 Del. C. § 1103, and it uses a period of 6 months. If a father has been absent, that period is the starting point for the conversation. How the court would view your situation, including what counts as abandonment and what proof it expects, depends on the details. For a contested case, or one where the father's whereabouts are unknown, ask an attorney or the Family Court clerk in your county about that specific issue.

Other parts of a Delaware stepparent adoption:

• Court: Your petition goes to the Family Court in your county.
• Your eligibility: Under 13 Del. C. § 903, you must be over 21 when the petition is filed and either a Delaware resident or a person with whom the child has been placed under § 904. The residency code is 13 Del. C. § 903, and Delaware sets no minimum number of months of residency.
• Child's consent: A child who is 14 or older has a consent role under 13 Del. C. § 907(b). If your child is that age, plan for it.
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so plan on it even if the father's rights are not in question.
• Timeline: Stepparent adoptions in Delaware typically take about 4-6 months. A contested or complicated case may take a different amount of time, and the clerk can tell you what to expect.
• Fees: Court filing fees are set by the court, so ask the Family Court clerk in your county for the current amount.

Questions to ask the clerk or an attorney:

• Whether the father's circumstances meet the abandonment standard under 13 Del. C. § 1103
• What the separate termination step requires in your county
• How notice must be given if you do not know where he is
• Whether anything else in your family's situation affects consent

The governing law is in Delaware Code Title 13, Chapter 9. Reading it alongside your own facts, or having an attorney do so, will give you a clearer picture than any general answer.

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, plus $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 89 Delaware families, and more than 34,000 families nationally since 2001.