Do I have to wait after getting married before I can adopt my stepchild in Delaware?

Delaware's stepparent adoption requirements do not include a waiting period after the wedding, and Delaware sets no minimum residency period before you can file. The timing rules that do apply are about who you are and what the court needs, not how long you have been married. Confirm any marriage-related detail with the Family Court clerk in your county.

What the rules say about timing:

• Residency: Delaware has no minimum number of months you must have lived in the state (13 Del. C. § 903). To adopt a minor, you must be a Delaware resident or a person with whom the child has been placed.
• Your age: You must be over 21 when the petition is filed (13 Del. C. § 903).
• Court: The petition goes to the Family Court.

What the rules do not say: The Delaware requirements we work from do not set a minimum length of marriage or a required period of living together. If you have a question about your own situation, such as a very recent marriage, the Family Court clerk in your county can tell you whether anything else applies.

What can affect your timeline:

• Home study: Delaware does not waive the home study (13 Del. C. § 912), so allow time for that step.
• The other parent: If your stepchild has another legal parent, that parent's rights are a separate matter. In Delaware, termination of parental rights is handled as its own step, apart from the adoption. Delaware's abandonment period is 6 months (13 Del. C. § 1103). Whether it applies depends on your facts, so for a contested case or an unknown or unreachable parent, talk to the Family Court clerk or an attorney.
• Overall time: A stepparent adoption in Delaware typically takes about 4-6 months. Your own timeline depends on the court's schedule and on whether anything in your case is contested.

Putting it together: If you are married, over 21, and a Delaware resident, you do not have to count off a set number of months after the wedding before you start. Getting your paperwork organized early is a sensible use of that time, since the home study and any step involving the other parent are what usually shape the schedule.

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 are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we offer a 100% court acceptance guarantee.