Does incarceration count as abandonment for adoption in Delaware?

Whether incarceration counts as abandonment in Delaware depends on the facts of your case. The abandonment provision, 13 Del. C. § 1103, uses a period of 6 months. Delaware law on how a parent's time in prison fits that provision should be confirmed with the Family Court clerk in your county or with an attorney who handles Delaware adoptions.

What the abandonment period means for you: The 6-month figure in 13 Del. C. § 1103 is the starting point. A parent's incarceration is one circumstance in a larger picture, and the court looks at your specific situation. Where the other parent is in prison, it helps to gather the details of what has and hasn't happened, such as:

• When the parent was last in contact with your child
• What kind of contact there has been, if any (letters, calls, visits)
• Whether any support has been provided
• Dates, so you can lay out a clear timeline

Keep your own records and any messages or letters. Whether those facts meet Delaware's standard is a question for the court, and an attorney can advise you on your particular case.

Termination is a separate step: In Delaware, ending the other parent's rights is handled separately from the adoption itself. If the incarcerated parent is not agreeing to the adoption, you should expect the termination question to be part of your plan. If that parent is contesting, an attorney can advise you on that specific issue.

The court and the process: Stepparent adoptions are filed in Family Court. Home study requirements are not waived in Delaware (13 Del. C. § 912), so plan for one. If your child is 14 or older, the child's consent is required under 13 Del. C. § 907(b). Stepparent adoptions in Delaware typically take about 4-6 months. Timing can be longer if the other parent's rights are contested. For filing fees and the exact forms your county expects, the Family Court clerk can confirm the current details.

Practical next steps:

• Write down the timeline of the incarcerated parent's involvement
• Collect letters, cards, court orders, or support records
• Ask the Family Court clerk how they handle cases where a parent is incarcerated
• Talk with an attorney if the parent objects or you are unsure where you stand

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 cost is $349 for the first child and $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 have helped 89 Delaware families and more than 34,000 families nationally since 2001.