How do I adopt my stepson or stepdaughter in Delaware?

Short answer: In Delaware, you adopt your stepchild by filing a petition in Family Court, completing the required steps (including a home study), and attending the court process until a judge finalizes the adoption. A stepparent adoption typically takes about 4-6 months.

Who can file. Under 13 Del. C. § 903, you must be over age 21 when you file the petition, and you must be a Delaware resident (or a person with whom a child has been placed under § 904). Delaware sets no minimum number of months you must have lived in the state before filing. Whether you are married to the child's parent, and how your family's facts fit, are details the Family Court clerk can confirm.

Where you file. Delaware has three counties, and your petition goes to the Family Court. The clerk in your county can tell you the current filing fee, the local forms, and how scheduling works there.

Consent. Delaware's consent age for the child is 14 (13 Del. C. § 907(b)). If your stepchild is 14 or older, plan for that consent to be part of your case. Consent from the child's other legal parent is a fact-specific question, so ask the clerk or an attorney how it applies to you.

If the other parent isn't involved. Delaware's abandonment period is 6 months (13 Del. C. § 1103). Ending the other parent's rights is handled as a separate process from the adoption itself. Because contested cases and unknown or absent parents depend heavily on the facts, speak with the Family Court clerk or an attorney about that specific issue.

Home study. Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so expect it to be part of your case and build it into your timeline.

The usual steps:

• Confirm you meet the requirements in 13 Del. C. § 903.
• Gather the information about you, your spouse, your stepchild and the other parent.
• Prepare the petition and supporting documents for your county.
• File with the Family Court and complete the home study.
• Handle consents, and any separate termination of the other parent's rights if it applies.
• Attend the hearing, where the judge decides whether to finalize the adoption.

After the adoption is final, the Delaware Office of Vital Statistics is the agency to contact about your child's records, including how to request an updated birth certificate.

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, plus $99 for each additional child. Your court-ready documents are delivered 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.