Can I adopt my stepchild if the biological father lives in another country and we live in Delaware?

Yes, you can ask the Delaware Family Court to approve a stepparent adoption even though the biological father lives in another country. What needs careful attention is how his parental rights are addressed, and that depends on the facts of your situation.

Where and who can file: Stepparent adoptions are filed in Family Court. Delaware has 3 counties, and the clerk in your county can confirm exactly where your petition goes. Under 13 Del. C. § 903, Delaware sets no minimum residency period before you can file. The petitioner must be over 21 and a Delaware resident (or meet the placement alternative in that section).

His rights and the abandonment question: Delaware's abandonment provision, 13 Del. C. § 1103, uses a six-month period. Whether a father abroad meets that standard depends on his contact and support, so it is a fact-specific question. Termination of parental rights is also a separate step in Delaware, not just a box on the adoption petition. If he is unreachable, uncooperative, or you don't know where he is, ask the Family Court clerk in your county or an attorney how that works in your case.

Contacting a father overseas: The rules for formally notifying him, how a consent signed abroad must be prepared, and any added time for international delivery are not something we can estimate for you. The Family Court clerk or an attorney can confirm the requirements for his country and your circumstances.

Other Delaware requirements that still apply:

• Child's consent: If your stepchild is 14 or older, their consent is required (13 Del. C. § 907(b)).
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so plan for it.
• Timeline: Stepparent adoptions in Delaware typically run about 4-6 months. A father living abroad may affect that, and the clerk can tell you what to expect.
• Court fees: The filing fee range is best confirmed with the Family Court clerk in your county.

Practical steps to take now:

• Gather whatever you know about the father's address, last contact, and any support he has provided.
• Keep records of dates, messages, and any communication attempts.
• Ask the clerk what they will need regarding him before you file.
• Consider a short consultation with a Delaware family attorney if his involvement is uncertain or he may object.