Can I adopt my stepchild if the bio father is in prison for a long sentence in Delaware?

Yes, you can file a stepparent adoption petition in Delaware's Family Court even if your stepchild's biological father is serving a long prison sentence. What happens next depends on the facts of your family, especially what happens with his parental rights.

What Delaware's data says that applies to you:

• Court: Your petition goes to the Family Court in your county. Delaware has 3 counties, and the clerk in yours can confirm local filing steps and the current filing fee.
• Residency: Delaware sets no minimum residency period under 13 Del. C. § 903. That section does include other conditions for the adopting parent, so check them with the clerk.
• Abandonment: Delaware's abandonment period is 6 months under 13 Del. C. § 1103. Whether the father's situation meets that standard depends on his actual contact and support, not simply on the fact that he is in prison.
• Termination is separate: In Delaware, ending the biological father's parental rights is handled as a separate step from the adoption itself.
• Child's consent: If your stepchild is 14 or older, their consent is required under 13 Del. C. § 907(b).
• Home study: Delaware does not waive the home study in stepparent adoptions (13 Del. C. § 912), so plan for it.
• Timeline: Stepparent adoptions in Delaware typically take 4-6 months.

Questions that depend on your facts:

Several issues come up when a parent is incarcerated, and they turn on your specific situation:

• How the father is notified of the case while he is in a correctional facility
• Whether he will agree to the adoption or contest it
• How the court weighs his sentence, his history of contact with your stepchild, and your stepchild's best interests

The Family Court clerk in your county can explain the procedures for these. If the father is likely to oppose the adoption, or if you are unsure about his legal status as a parent, speak with a Delaware family law attorney about that specific issue.

Practical steps to take now:

• Gather the child's birth certificate and your marriage certificate.
• Write down what you know about the father's contact and support: dates, letters, calls, visits, and payments.
• Find out the facility where he is held and his current mailing address.
• Ask the clerk in your county what the court needs when a parent is incarcerated.

How we help:

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. Court-ready documents are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we back the documents with a 100% court acceptance guarantee. We have helped 89 Delaware families.