Can I adopt my special needs stepchild in Delaware?

Yes, you can petition the Family Court in Delaware to adopt your stepchild, and you can start the process whether or not your child has special needs. The Delaware requirements below are the ones we can point to. If your child's disability raises a question about how the court handles a particular step, the Family Court clerk in your county or an attorney can confirm it for your situation.

Who can file: To adopt a minor, you must be over 21 when the petition is filed. You must also be a Delaware resident, or a person with whom the child has been placed (13 Del. C. § 903). Delaware has no minimum residency period before you can file.

Where you file: Your petition goes to the Family Court. Delaware has 3 counties, and the clerk in your county can tell you about local filing details and fees.

Your child's consent: For a child age 14 or older, Delaware's consent rule is 13 Del. C. § 907(b). If your child's disability affects their ability to understand or give consent, ask the clerk or an attorney how the court approaches that. It depends on your child's circumstances.

The other biological parent: This is often the most important step.

• Termination of the other parent's rights is a separate step in Delaware.
• Abandonment is measured at 6 months (13 Del. C. § 1103).
• If the other parent is unknown, unreachable, or may object, an attorney can advise you on that specific issue.

Home study: Delaware does not waive the home study (13 Del. C. § 912), so plan for it. Ask the clerk how it is handled in your county.

Timeline: Stepparent adoptions in Delaware typically take 4-6 months.

If your child is now an adult: Many parents of children with disabilities ask about this. Delaware allows the adoption of a person over 18 under a separate set of rules (13 Del. C. § 951). The petition is filed in the Family Court of the county where any petitioner or the person being adopted lives. The person being adopted must appear in court and consent (13 Del. C. § 953). Adult adoptions generally move faster, at 2-3 months. If the adult has a guardian or limited decision-making capacity, check with an attorney about how that affects consent.

Benefits and coverage: Adoption can affect things like health insurance, school decisions, and public benefits such as SSI or Medicaid.