Can an elderly stepparent adopt in Delaware?

Yes, an older stepparent can adopt in Delaware, and the adult adoption provisions do not add an age-gap, relationship or disability condition. Here is how that works for you.

Adopting an adult stepchild (where this most often applies). Delaware law covers the adoption of any person over 18. Under 13 Del. C. § 951, the petition can be filed by an individual, a married couple jointly, or a cohabiting unmarried couple jointly. The age of the person adopting is not a listed condition, and no minimum age is stated for adult adoption. If you want to be sure about any upper age limit, the Family Court clerk in your county can confirm it.

• Court: Family Court. The petition is filed in the county where any petitioner or any person being adopted lives (13 Del. C. § 951). Delaware has three counties.
• Consent: The adult being adopted must appear in court and consent (13 Del. C. § 953). No other consent requirement appears in the adult adoption provisions.
• Hearing: The Family Court may issue the decree if the petition complies and the adoptee appears in court and consents (13 Del. C. § 953).
• Home study: The adult adoption provisions do not address it. Ask the clerk whether the court will want one in your situation.
• Timeline: Adult adoptions typically take 2-3 months.

Adopting a minor child. If your stepchild is under 18, different rules apply:

• You must be over age 21 when the petition is filed (13 Del. C. § 903). No upper age is listed in the information we work from, so ask the clerk if this concerns you.
• Delaware sets no minimum residency period (13 Del. C. § 903).
• A child who is 14 or older must consent (13 Del. C. § 907(b)).
• If the other biological parent's rights are an issue, the abandonment period is 6 months (13 Del. C. § 1103). Termination of parental rights is handled as a separate step.
• A home study is not waived (13 Del. C. § 912).
• Stepparent adoptions of minors typically take 4-6 months