Can I adopt my stepchild if I'm in a same-sex marriage in Delaware?

Yes, you can pursue a stepparent adoption of your stepchild in Delaware's Family Court, and the steps below are the ones we follow for Delaware families. If any part of your situation depends on the particular facts of your family, the Family Court clerk in your county or an attorney can confirm how it applies to you.

Where you file. Your petition goes to the Family Court in your Delaware county. The rules for adoption are in Delaware Code Title 13, Chapter 9.

What to know before you start:

• Your age and residency: To adopt a minor child, 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. Delaware sets no minimum number of months you must have lived in the state (13 Del. C. § 903).
• Your stepchild's consent: If your stepchild is 14 or older, their consent is part of the process (13 Del. C. § 907(b)).
• The other parent: Adoption generally involves the child's other parent either consenting or having their rights ended by the court. In Delaware, terminating parental rights is handled as a separate step. Where abandonment is the issue, Delaware looks at a period of 6 months (13 Del. C. § 1103).
• Home study: Delaware does not waive the home study for stepparent adoptions, so plan for it (13 Del. C. § 912).
• Timeline: Stepparent adoptions in Delaware typically take about 4-6 months.

Situations that need individual attention. Some families have a second legal parent, a known or unknown biological parent, or a parent who will not consent. For any of these, how the court handles it depends on your specific facts. Please ask the Family Court clerk in your county or an attorney about that particular issue before you file. The clerk can also confirm the current filing fee and any local procedures.