Can I adopt my stepchild if the bio parent only sends texts to my spouse but never contacts the child in Delaware?

It may be possible, but it depends on your facts. Delaware sets a six-month abandonment period in 13 Del. C. § 1103, and the question for the Family Court is whether the other parent's history fits that statute. Texts that go only to your spouse and never reach your stepchild are a detail the court will want to understand clearly.

Why the details matter: Your situation has two sides: what the biological parent has done with the child, and what they have done with your spouse. How the Family Court weighs messages sent to an adult against contact with the child is a fact-specific question. The Family Court clerk in your county or an attorney can answer it for your case.

What to gather: A clear record helps whatever the outcome. Consider collecting:

• The date of the last time the parent had any direct contact with your stepchild.
• The messages your spouse received, with dates, and whether any were meant for or passed on to the child.
• Any record of visits, calls, gifts, or support that did or did not happen.

Termination is a separate step: In Delaware, ending the other parent's rights is handled separately from the adoption itself. If the parent will not agree, that part can become a contested matter. For a contested case, speaking with an attorney about that issue is wise.

Other Delaware points that may apply to you:

• Court: Your petition goes to the Family Court. Delaware has 3 counties, and the clerk in your county can confirm filing details and the current filing fee.
• Child's consent: If your stepchild is 14 or older, 13 Del. C. § 907(b) addresses the child's consent.
• Home study: A home study is not waived (13 Del. C. § 912), so plan for it.
• Your eligibility: For a minor adoption, 13 Del. C. § 903 requires the adopting person to be over 21 when the petition is filed, and also a Delaware resident or a person with whom a child has been placed under § 904.
• Timeline: A stepparent adoption in Delaware typically runs 4-6 months.

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. The cost is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 89 Delaware families, and more than 34,000 families nationally since 2001.