Can I adopt my stepchild who was born in another country in Delaware?

You may be able to adopt your foreign-born stepchild in Delaware through the Family Court, and the same Delaware stepparent adoption steps apply. The Delaware rules we work from don't say how a birth abroad changes the process, so the Family Court clerk in your county or an attorney should confirm that point for your situation.

Who can file: To adopt a minor, you must be over 21 when the petition is filed. You must also be a Delaware resident, or a person with whom the child has been placed under 13 Del. C. § 904 (see 13 Del. C. § 903). Delaware sets no minimum residency period for this under 13 Del. C. § 903.

Where it's filed: Stepparent adoptions are heard in Family Court, which serves Delaware's three counties. Families in Wilmington, Dover, Newark, Middletown, Smyrna and elsewhere use the same court system.

Consent from your stepchild: The age for a child's own consent is 14 (13 Del. C. § 907(b)). If your stepchild is 14 or older, plan for that consent.

The other legal parent: A child's birthplace doesn't remove the question of the other biological parent. In Delaware, ending that parent's rights is handled as a separate step from the adoption itself. Abandonment is addressed in 13 Del. C. § 1103, with a six-month period. If the other parent lives abroad, can't be found, or may object, the case depends on specific facts. Ask the Family Court clerk or a family law attorney about that issue.

Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Expect it to be part of your case.

Timeline: Stepparent adoptions in Delaware typically run 4-6 months.

Foreign-born child: points to confirm

• Documents: You will almost certainly need your stepchild's foreign birth certificate. Ask the Family Court clerk whether the court requires a certified English translation or any other proof of identity.
• Records after adoption: The Delaware Office of Vital Statistics is the agency to ask about what records or certificates are issued after an adoption of a child born abroad.
• Immigration and citizenship: Adoption questions about immigration status or citizenship are separate from the Family Court process. If either is a concern, talk with an immigration attorney.
• Filing fees: The clerk's office can tell you the current court fees for your county.

Why the details matter: A child born in another country often has records and legal history that differ from those of a child born in Delaware. Calling the clerk before you file can help you avoid delays, especially if the other parent is abroad or hard to reach.

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 price is $349 for the first child, with $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We've helped 34,000+ families since 2001, including 89 in Delaware.