Is there an age limit for adult adoption in Delaware?

In Delaware, adult adoption is open to any person over 18, and the adult adoption provisions do not state a maximum age for the person being adopted. The law that covers adult adoption, 13 Del. C. § 951, refers to the adoption of "any person or persons over 18 years of age."

The one age line you can count on. Once someone is over 18, the adoption is handled under the adult adoption provisions rather than the rules for minor children. The minor-adoption rules are different. For example, 13 Del. C. § 903 requires a petitioner to be over age 21 when the petition is filed. That 21-year requirement is stated for minor adoption. No minimum age for the person adopting is stated for adult adoption in 13 Del. C. § 951.

What about an age gap? No age-gap condition appears in the adult adoption provisions (13 Del. C. § 951 through § 956). Nothing there requires a particular relationship or a disability either. If you have a question about how the court would view a specific age difference or situation, the Family Court clerk in your county or an attorney can tell you.

Who can file. Under 13 Del. C. § 951, the petitioner can be:

• An individual
• A married couple filing jointly
• An unmarried couple filing jointly, if they are cohabiting as Delaware law defines it

Where you file. Adult adoption petitions go to the Family Court in the Delaware county where any petitioner or the person being adopted lives. Delaware has 3 counties.

Consent and the court appearance. The adult being adopted must appear in court and consent, under 13 Del. C. § 953. The Family Court may issue the decree if the petition complies and the adoptee appears and consents. No other consent requirement, such as a spouse or biological parents, appears in the adult adoption provisions. If your situation involves a contested case or a parent whose role is unclear, ask the court clerk or an attorney about that specific issue.

Home study. The adult adoption provisions do not address a home study. The Family Court clerk can confirm whether the court in your county expects anything beyond the petition and the hearing.

Timeline. Adult adoptions in Delaware typically take about 2-3 months. The exact pace depends on the court's schedule.

Court fees. The Family Court sets its own filing fees, so ask the clerk in your county for the current amount.

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 one adult adoptee. You receive court-ready documents 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.