How do I file for stepparent adoption in Wilmington, Delaware?

You file for stepparent adoption in Wilmington by submitting a petition and supporting documents to Delaware's Family Court in your county, and the process typically takes about 4-6 months. Delaware has three counties, so the Family Court clerk in your county can confirm the exact location and filing steps.

Who can file: Under 13 Del. C. § 903, an adopting parent must be over age 21 when the petition is filed, and must be a Delaware resident or a person with whom a child has been placed. Delaware sets no minimum residency period, so you don't have to wait a certain number of months before filing.

Step 1, gather your family information. You'll need details about you, your spouse, the child and the child's other parent. Having birth and marriage records handy makes the rest much easier.

Step 2, prepare your court papers. The package includes the petition and the consents and other forms your situation calls for. Everything is filed with the Family Court.

Step 3, address consents. Delaware's consent age for a child is 14 (13 Del. C. § 907(b)), so a child who has reached that age is part of the consent picture. The other legal parent's role depends on your family's facts.

Step 4, file with the Family Court. Filing fees vary, so ask the clerk in your county for the current amount and accepted payment methods.

Step 5, complete any required review and attend the hearing. Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so plan for that step. The clerk can explain how it is scheduled.

If the other parent is absent or won't consent: In Delaware, termination of parental rights is a separate matter from the adoption itself. The abandonment provision, 13 Del. C. § 1103, refers to a 6-month period, but whether it applies to you depends on your facts. Contested cases, unknown parents and unusual circumstances are best discussed with the Family Court clerk or an attorney who can look at your specific situation.

After the adoption: Once the decree is entered, the Delaware Office of Vital Statistics is the agency to ask about records, including a new birth certificate.

Quick reference for Delaware:

• Court: Family Court
• Minimum residency period: none
• Child consent age: 14
• Abandonment period reference: 6 months
• Home study: not waived
• Typical timeline: 4-6 months
• Filing fees: confirm with your county's Family Court clerk

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 our 100% court acceptance guarantee applies.