How do I know if I'm eligible for stepparent adoption in Delaware?

You are likely eligible for stepparent adoption in Delaware if you are over age 21 when you file and are a Delaware resident, and the other parent's rights can be addressed in your case. Your petition is filed in the Family Court. Here is how the main pieces fit together.

Your age and residency. Under 13 Del. C. § 903, the adopting parent in a minor adoption must be over age 21 when the petition is filed. You must also be a Delaware resident, or a person with whom a child has been placed under the placement provision that section refers to. Delaware has no minimum residency period, so there is no set number of months you must have lived in the state. Delaware has three counties, and the Family Court clerk in your county can confirm where and how to file.

Your stepchild's consent. Delaware sets the age for a child's own consent at 14 (13 Del. C. § 907(b)). If your stepchild is 14 or older, expect their consent to be part of your case. If your stepchild is younger, the Family Court clerk can tell you what the court expects.

The other biological parent. This is often the deciding factor. Delaware's abandonment period is 6 months (13 Del. C. § 1103). Ending the other parent's rights is handled as a separate step from the adoption itself. Whether that parent will consent, whether abandonment applies, or whether a court has already ended their rights depends on your family's facts. If the other parent is unknown, cannot be found, or is likely to contest, ask 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). Plan for it as part of your case, even though you already live with your stepchild.

Quick self-check:

• You are over age 21 and a Delaware resident.
• You know whether your stepchild is 14 or older.
• You know the other parent's status: willing to consent, out of the child's life for 6 months or more, or something else.
• You are ready for a home study.

Situations that depend on your facts. A past criminal record, immigration status, a recent marriage, a child born abroad, or a parent who lives out of state are all questions to bring to the Family Court clerk in your county or to an attorney who can review your situation.

Timing. Stepparent adoptions in Delaware take about 4-6 months. The other parent's situation and the home study can affect how your own case moves.

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. Court-ready documents arrive within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 89 Delaware families so far.