How do I adopt my stepchild if the biological mother won't sign in Delaware?

In Delaware, if the biological mother won't sign, you ask the Family Court to end her parental rights through a separate termination petition, and the adoption can then move forward. Her refusal does not automatically stop the process, but what the court decides depends on the facts of your family.

Abandonment. Delaware's abandonment statute, 13 Del. C. § 1103, uses a six-month period. If the mother has had no contact with your stepchild for that length of time, abandonment may be the basis for your petition. Exactly how the court weighs contact, support, or other circumstances is a fact-specific question. Ask the Family Court clerk in your county or an attorney about your situation.

If she is involved but still refuses. If the mother is in the child's life and simply disagrees, the case turns on the details, and a hearing may be needed. This is where speaking with a Delaware family law attorney is worth it.

Steps to expect:

• Termination petition: Delaware treats termination of parental rights as separate from the adoption petition, so both need to be prepared.
• Notice to the mother: She will need to be formally notified. The clerk can tell you how service works in your county and how long she has to respond.
• Home study: Delaware does not waive the home study (13 Del. C. § 912), so plan for it even in a stepparent case.
• Child's consent: If your stepchild is 14 or older, the child's consent is part of the process under 13 Del. C. § 907(b).
• Residency: Delaware sets no minimum residency period (13 Del. C. § 903). That section does require the adopting parent to be over 21 and either a Delaware resident or a person with whom the child has been placed under § 904.
• Where you file: The Family Court. Delaware has three counties, and your documents need to match the county where you file.

Timeline. Stepparent adoptions in Delaware typically take 4-6 months. A contested case can take longer, and the clerk can tell you about scheduling in your county.

Questions to ask the clerk or an attorney:

• Whether the mother's history meets the abandonment standard in your situation
• What notice she must receive and what deadline she has to respond
• Whether a hearing will be required in your case

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 arrive 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 back the work with a 100% court acceptance guarantee. We have helped 89 Delaware families and more than 34,000 families nationally since 2001.