One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Delaware?

Yes, you can ask the Delaware Family Court to adopt both stepchildren, but the two children's situations are handled differently, and the case involving the father who doesn't consent depends on the facts. One father's consent doesn't settle the other child's adoption, so plan for each child separately.

The child whose father consents. Your path here is the more straightforward one. Delaware sets no minimum residency period under 13 Del. C. § 903, though you must meet the other requirements in that section, including being over 21 when you file. Delaware's typical stepparent adoption timeline is 4-6 months.

The child whose father doesn't consent. This is where the details matter. Delaware's abandonment provision, 13 Del. C. § 1103, uses a 6-month period. If the father has had no contact or support for that long, abandonment may be relevant. Whether his situation meets that standard is for the Family Court to decide. Delaware also treats termination of parental rights as a separate step from the adoption itself. If he actively objects, you should speak with a Delaware family law attorney about your specific facts. The clerk of the Family Court in your county can tell you how to file and serve him. A contested case may take longer than the 4-6 month typical timeline.

Other points to plan for:

• Child's consent: If either child is 14 or older, the child's own consent is part of the process under 13 Del. C. § 907(b).
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so expect it for each child.
• Filing fees: The Family Court clerk in your county can confirm the current fee range and how to file for two children at once.
• Where to file: Delaware has three counties, and your petition goes to the Family Court.

Questions to settle first:

• Does each father's legal status match what you believe it is, for example whether paternity is established?
• How long has the nonconsenting father been out of contact, and has he paid any support?
• How old is each child?
• Do you need an attorney for the contested portion?

Your answers will shape which documents are needed for each child, so it helps to have them before you start.

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 file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 89 Delaware families, and more than 34,000 families nationally since 2001.