How do I tell the biological parent about the stepparent adoption in Delaware?

Short answer: In Delaware, you can tell the biological parent yourself with a calm, direct conversation or letter. The adoption is also a court process in the Family Court, and the court has its own steps for notifying the biological parent. The Family Court clerk in your county can tell you exactly how notice and consent work for your situation.

Why the conversation matters: A stepparent adoption affects the biological parent's legal relationship with the child. Hearing about it from you, before anything arrives from the court, often feels more respectful. It can also keep a difficult moment from becoming a bigger conflict. Delaware handles the ending of a biological parent's rights as a separate step from the adoption itself, so the two parts of the case are worth understanding before you talk.

If the biological parent is in contact and likely to cooperate:

• Pick a private, unhurried time. Avoid handovers or moments when the child is nearby.
• Explain what you are doing and why, focusing on the child's stability and security.
• Be clear about what the adoption means and be ready for questions.
• Ask whether they are willing to take part. What the court needs from a cooperating parent, and in what form, should be confirmed with the Family Court clerk.

If the biological parent has been absent or is hard to reach:

Delaware's abandonment period is 6 months under 13 Del. C. § 1103. Whether a particular situation meets that standard depends on the facts, such as contact and support history. Ask an attorney or the Family Court clerk about your specific circumstances. The same applies if you don't know where the parent is or who the parent is. Those cases call for individual guidance.

If you expect a hostile reaction:

• Consider writing instead of speaking, so you can choose your words carefully.
• Stay factual and avoid blaming or criticizing their past choices.
• Do not pressure them to sign anything on the spot.
• If the situation may be contested, talk to a family law attorney before you approach them.

Protect the child in the process: Keep the child out of the middle. Delaware sets the age at which a child's own consent is part of the adoption at 14 (13 Del. C. § 907(b)), so an older child may need to be part of the conversation in an age-appropriate way. Don't let a biological parent's reaction become something the child has to carry.

What to expect on timing: Stepparent adoptions in Delaware typically take 4-6 months. The biological parent's response can affect how smoothly things go, so it helps to have the conversation early, before you file.

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 the first child and $99 for each additional child. Your court-ready documents arrive 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.