Can I adopt my stepchild if I'm currently pregnant in Delaware?

Yes, you can pursue a stepchild adoption in Delaware while you are pregnant. The Delaware requirements below concern your age, residency, and the consents involved, and pregnancy is not one of them. If you have a pregnancy-specific concern, such as scheduling around your due date, the Family Court clerk in your county can confirm how it would work.

Requirements that apply to you

• Court: Your petition is filed in Family Court. Delaware has 3 counties, so you file in the county that applies to your family.
• Your age: You must be over 21 when the petition is filed (13 Del. C. § 903).
• Residency: Delaware sets no minimum residency period, so you do not have to wait a set number of months. You must still be a Delaware resident, or a person with whom the child has been placed under § 904 (13 Del. C. § 903).
• Your stepchild's consent: Delaware sets a child consent age of 14 (13 Del. C. § 907(b)). If your stepchild is near that age, factor it into your planning.
• The other biological parent: Their consent, or a basis for the court to proceed without it, is a key part of the case. Delaware's abandonment provision uses a period of 6 months (13 Del. C. § 1103). Whether it fits your situation depends on the facts. If the other parent is unknown, unreachable, or may object, ask an attorney about your specific case.
• Termination of parental rights: In Delaware this is handled as a separate step, so build it into your timeline.
• Home study: It is not waived in Delaware (13 Del. C. § 912). Start early, since this step affects your schedule.

Planning around your due date

• Timeline: Stepparent adoptions in Delaware typically take 4-6 months. If you want the adoption finished before the baby arrives, the earlier you start, the better.
• Hearing: Because a court appearance is part of the process, ask the clerk about scheduling if your due date falls near your hearing. Do not assume dates are flexible.
• Birth records: For questions about the baby's birth certificate or your stepchild's amended records after the adoption, the Delaware Office of Vital Statistics is the agency to contact.
• Fees: Court filing fees depend on the county and the filing. The Family Court clerk in your county can give you the current amount.

What you can do now

• Gather the basic facts: your age, how long you have lived in Delaware, your stepchild's age, and the other parent's contact situation.
• Decide whether the other biological parent is likely to consent, or whether the case could be contested.
• Ask the clerk about timing if your due date is close to when you expect to file.

Being pregnant is a good reason to get organized early.