Can I adopt my stepchild in Delaware if the bio parent only has supervised visitation?

Possibly. Delaware's Family Court can hear a stepparent adoption when the other parent has only supervised visitation, but whether it can be granted depends on the facts of your case, so supervised visitation by itself is not a yes or a no.

Why the visitation order matters, but doesn't settle it: A supervised-only order shows the court has already placed limits on that parent's time with your child. What matters for the adoption is how the parent has used that time and whether they will agree to the adoption. Whether a particular parent's history meets the legal standard is for the Family Court to decide. For that question, ask the Family Court clerk in your county or an attorney.

Abandonment: Delaware sets a 6-month abandonment period in 13 Del. C. § 1103. If the parent has not used their supervised visits, or has stopped coming, that history may be relevant. A parent who still shows up for visits presents a different situation. Whether your facts fit is a question to confirm with an attorney, especially if the other parent might contest.

Termination is a separate step: In Delaware, ending the other parent's rights is handled separately from the adoption petition itself. If the parent will not sign off, plan for that extra step. An attorney can advise on a contested case.

Other Delaware requirements to know:

• Court: The petition is filed in Family Court. Delaware has 3 counties, and the clerk in yours can confirm local filing details and the current filing fee.
• Residency: Delaware has no minimum residency period in months under 13 Del. C. § 903.
• Your child's consent: The consent age is 14 under 13 Del. C. § 907(b). If your stepchild is 14 or older, their consent is part of the process.
• Home study: It is not waived in Delaware (13 Del. C. § 912), so expect one.
• Timeline: Stepparent adoptions in Delaware typically take 4-6 months.

What to gather:

• A copy of the current custody and visitation order
• Any records showing when visits happened, or did not happen
• Notes on the parent's contact with your child, so you can describe it accurately on your questionnaire

Be realistic about contested situations: If the other parent is likely to object, or if you are unsure where they are or whether they are still in contact, those facts change the path. Talk to the Family Court clerk or an attorney about that specific issue before you file.