Can I adopt my stepchild who is a newborn or infant in Delaware?

Yes, you can pursue a stepparent adoption of a newborn or infant in Delaware through the Family Court, as long as you meet the requirements for the adopting parent. The Family Court clerk in your county can confirm anything that applies specifically to a very young baby.

Who can adopt:

• You must be over age 21 when the petition is filed.
• You must be a Delaware resident, or a person with whom the child has been placed under § 904 (13 Del. C. § 903).
• Delaware has no minimum length of residency. You do not have to wait out a set number of months before filing.

The child's consent:

• Delaware's age for a child's consent is 14 (13 Del. C. § 907(b)). A newborn or infant is well under that age.

The other biological parent:

This is usually the biggest question with a very young child. Delaware's abandonment period is 6 months (13 Del. C. § 1103). With a newborn, that much time may not have passed. Ending the other parent's rights is a separate step from the adoption itself. What applies to you depends on the facts: whether the other parent is known, willing to consent, involved, or unknown. For that part, talk with the Family Court clerk or an attorney about your specific situation.

Home study:

• Delaware does not waive the home study in stepparent adoptions (13 Del. C. § 912). Plan for it, whatever the child's age.

Timeline:

• Stepparent adoptions in Delaware typically take 4-6 months. Family Court fees vary, and the clerk in your county can give you the current filing fee.

Why many parents start early:

• Adopting while the child is very young can give your family legal clarity from the beginning.
• After the adoption is final, the Delaware Office of Vital Statistics is the agency to contact about the child's birth record.

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, backed by our 100% court acceptance guarantee. The cost is $349 for the first child and $99 for each additional child. We have helped 89 Delaware families and more than 34,000 families nationally since 2001.