Can I adopt my stepchild if I'm in the military stationed in Delaware?

Yes, you can pursue a stepparent adoption in Delaware's Family Court while stationed in Delaware, as long as you meet the same requirements as any other adopting stepparent. Military service doesn't change the basic steps, but a few points are worth knowing.

Residency and age: Delaware has no minimum residency period for this adoption. Under 13 Del. C. § 903, you must be over age 21 when the petition is filed, and you must be a Delaware resident or a person with whom a child has been placed. Whether your military orders count as Delaware residency for this purpose is something the Family Court clerk in your county can confirm before you file.

Your stepchild's consent: If your stepchild is 14 or older, their consent is part of the process under 13 Del. C. § 907(b).

The other biological parent: This is often the most important question in a stepparent adoption. Delaware treats termination of the other parent's rights as a separate step. If that parent will not agree, 13 Del. C. § 1103 sets a six-month abandonment period. Whether it applies depends on your family's facts, so talk to an attorney or the Family Court clerk about contested cases or an unknown or unreachable parent.

Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Ask the clerk how it is arranged and scheduled, especially if you expect training, deployment or a transfer during the case.

Timeline: Stepparent adoptions in Delaware typically take about 4-6 months. Frequent moves and changing duty schedules can affect court dates and appointments, so build in flexibility. Ask the clerk whether your appearance requirements allow for any scheduling accommodations.

Practical tips for military families:

• Keep copies of your orders and other identification handy when you contact the clerk.
• Ask the clerk in your county about filing fees, since the amount is set by the court.
• Ask the clerk how to update your child's birth record with the Delaware Office of Vital Statistics once the adoption is final.
• If you have questions about how your specific situation fits the law, an attorney can advise you.