Can I adopt my stepchild if we recently moved to Delaware?

Yes, you can start a stepparent adoption in Delaware soon after moving, because Delaware sets no minimum waiting period for residency. The rule in 13 Del. C. § 903 is that the person adopting must be over 21 when the petition is filed and must be a Delaware resident (or a person with whom a child has been placed under § 904). So the question is whether you now live in Delaware, not how long you have lived here.

Where you file: Stepparent adoptions are handled by the Family Court. Delaware has 3 counties, so you will deal with the Family Court in your county. The clerk there can tell you exactly how the court looks at a recent move and what proof of residence it wants. Delaware's data doesn't list those details, so please confirm them before you file.

What else to know before filing:

• Your age: You must be over 21 when the petition is filed.
• Child's consent: The child's consent requirement is tied to age 14 (13 Del. C. § 907(b)). If your stepchild is 14 or older, plan for that.
• The other biological parent: If that parent is absent, the abandonment period in Delaware is 6 months (13 Del. C. § 1103). Ending that parent's rights is a separate step from the adoption itself. How this works in your situation depends on your facts, so talk with the Family Court clerk or an attorney, especially if the other parent might object or can't be located.
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so expect it to be part of the process.

Timeline: Once your paperwork is filed, a stepparent adoption in Delaware typically takes about 4-6 months.

Using the time while you settle in:

• Gather your marriage certificate, your stepchild's birth certificate, and any records about the other parent.
• Gather proof of your Delaware address, such as a lease or mortgage, utility bills, and school enrollment papers. The clerk can confirm which items the court wants.
• Ask the clerk about current court filing fees, since those are set by the court and are separate from our fee.

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. Our price is $349 for the first child, plus $99 for each additional child. Your court-ready documents are delivered 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 with their adoptions.