Can I adopt my stepchild if the bio parent is in jail in Delaware?

Yes, you can ask the Delaware Family Court to approve a stepparent adoption when your stepchild's other biological parent is in jail, but what the court needs to see depends on that parent's situation and response. Incarceration alone is not the test, so here is how the pieces fit together.

Abandonment. Delaware's abandonment period is 6 months (13 Del. C. § 1103). If the incarcerated parent has had no contact with your stepchild for that long, abandonment may be part of your case. Whether a particular parent's letters, calls, visits or support count is a question of facts. The Family Court clerk in your county or an attorney can tell you how that applies to your family.

Termination of parental rights. In Delaware, ending the other parent's rights is handled as a separate step from the adoption itself. Plan for both parts of the process, and ask the clerk how they are filed together in your county.

If the parent agrees or objects. A parent in jail may sign paperwork, stay silent or contest the adoption. Delaware law on how the court handles each of these, and on how notice is delivered to someone in a correctional facility, should be confirmed with the Family Court clerk. If the parent contests, talk with a family law attorney about your specific situation.

Other Delaware requirements to know about:

• Court: Your petition is filed in Family Court, and Delaware has 3 counties.
• Residency: Delaware sets no minimum number of months you must have lived in the state (13 Del. C. § 903).
• Your stepchild's consent: Consent from the child is addressed at age 14 (13 Del. C. § 907(b)). If your stepchild is 14 or older, plan for that.
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Expect it to be part of your case.
• Timeline: Stepparent adoptions in Delaware typically take about 4-6 months. A contested case or a delay in locating or notifying a parent could change that.
• Filing fees: The Family Court clerk in your county can confirm the current filing fee.

Steps to take now:

• Gather what you know about the other parent's contact with your stepchild, such as dates of letters, calls, visits or support.
• Find out the parent's current facility and release status, if you can.
• Call the Family Court clerk in your county to ask how they handle notice and consent for a parent who is incarcerated.
• If you expect the parent to fight the adoption, consult an attorney about that issue.

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 arrive 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, and more than 34,000 families nationally since 2001.