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Yes, your spouse can adopt your child from a previous relationship in Delaware, through a stepparent adoption filed in Family Court. Here is what to know as you plan.
Who can adopt. Under 13 Del. C. § 903, an adopting parent must be over age 21 when the petition is filed, and must be a Delaware resident (or a person with whom the child has been placed under § 904). Delaware has no minimum residency period, so your spouse does not have to wait a set number of months before filing.
The other biological parent. This is usually the most important question in a stepparent adoption. Delaware sets an abandonment period of six months (13 Del. C. § 1103). Ending the other parent's rights is handled as a separate step from the adoption itself. What applies to you depends on your facts, such as whether the other parent is involved, willing to agree, or cannot be found. If your situation is contested or the other parent is unknown, the Family Court clerk or an attorney can advise you on that specific issue.
Your child's voice. Delaware sets a child consent age of 14 (13 Del. C. § 907(b)). If your child is 14 or older, plan for their consent to be part of the process.
Home study. Delaware does not waive the home study for stepparents (13 Del. C. § 912). Expect it to be part of your case.
Timeline. Stepparent adoptions in Delaware typically take about 4-6 months. Your timing will depend on your court's schedule and on whether anything in your case is contested.
Where it happens. Your adoption is decided by the Family Court. Delaware has three counties. For current filing fees, local filing procedures and scheduling in your county, the Family Court clerk can confirm the details.
What changes after the adoption. Once the court grants the adoption, your spouse becomes your child's legal parent. Your family's specific questions about inheritance, medical decisions or records are best confirmed with the clerk or an attorney.
What to do first:
- Confirm your spouse me
Stepparent adoption in Delaware at a glance
- Court
- Family Court
- Residency before filing
- No minimum period
- Typical timeline
- 4-6 months
- Child must consent at age
- 14
- Home study
- May be required
- Delaware families we've helped
- 89
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