How do I adopt an adult in Delaware?

You adopt an adult in Delaware by filing a petition in the Family Court of the county where you or the person being adopted lives, and then both of you attending a court hearing where the adoptee consents. The rules are in Delaware Code Title 13, Chapter 9, and the adult provisions begin at 13 Del. C. § 951.

Who can be adopted: The adult adoption provisions cover "any person or persons over 18 years of age." The sections do not list a relationship, disability or age-gap condition. If your situation raises a question about who may be adopted, confirm it with the Family Court clerk or an attorney.

Who can file: The petitioner may be:

• An individual
• A married couple petitioning jointly
• An unmarried couple petitioning jointly, if they are cohabiting as Delaware law defines it

A minimum age for the adult adopter is not stated in 13 Del. C. § 951. The age-21 rule in 13 Del. C. § 903 applies to adopting a minor. For any age question in your case, ask the clerk.

Where to file: Delaware has 3 counties, and the petition goes to the Family Court of the county where any petitioner or any person being adopted lives (13 Del. C. § 951). Only one of you needs to live in that county.

Consent: The adult being adopted must appear in court and consent (13 Del. C. § 953). The adult adoption provisions don't list a separate consent from a spouse or biological parents. If either could be involved in your situation, ask the clerk or an attorney.

The hearing: Court appearance is required. The Family Court may issue the adoption decree if the petition complies with the statute and the adoptee appears in court and consents (13 Del. C. § 953).

Home study and other minor-adoption rules: The adult adoption provisions don't address a home study, so ask the clerk whether one applies. The child-consent age, abandonment period and separate termination of parental rights that matter in a stepparent adoption of a minor are not part of the adult process described above.

Timeline: Adult adoptions in Delaware typically take about 2-3 months, though your court's schedule may vary.

Steps to follow:

• Confirm which county's Family Court you will file in.
• Complete the petition and supporting forms for that county.
• File the petition with the Family Court clerk. The clerk can confirm the current filing fee.
• Attend the hearing together, with the adoptee ready to consent in person.
• After the decree, if you want to update records, ask the Delaware Office of Vital Statistics about its process.

Contested or unusual situations: If anyone objects, or your circumstances don't fit the description above, speak with the Family Court clerk or a Delaware attorney about that specific issue.

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 one adult adoptee, and court-ready documents arrive within 24-48 hours after you finish the questions.