The biological parent hasn't seen my child in over a year. Can I adopt in Delaware?

Yes, it may be possible. Delaware's abandonment period is 6 months (13 Del. C. § 1103), so more than a year without seeing your child is well beyond that mark. Whether your situation qualifies still depends on the facts, so treat this as a strong starting point, not a guarantee.

What the six months means. The abandonment period in 13 Del. C. § 1103 is one part of a stepparent adoption. Time alone does not finish the job. The Family Court handles the adoption, and in Delaware ending the other parent's rights is a separate step from the adoption petition itself. If the other parent disagrees or contests it, that is a fact-specific issue for an attorney or the Family Court clerk.

Other Delaware basics to check:

• Your age and residency: To adopt a minor, you must be over age 21 when the petition is filed. You must also be a Delaware resident or a person with whom the child has been placed under § 904 (13 Del. C. § 903). Delaware sets no minimum length of residency.
• Your child's consent: The consent age is 14 (13 Del. C. § 907(b)). If your child is 14 or older, their consent is part of the process.
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Plan for it.
• Timeline: Stepparent adoptions in Delaware typically take 4-6 months.

What to gather now. Since your case rests on the lack of contact, start pulling together what shows it. Useful items include:

• Dates of the last visit or call.
• Messages or emails, or the absence of them.
• Any record of support payments, or of none.
• Any court orders about custody or visitation.

If you don't know where the other parent is, or there is any dispute about contact, ask the Family Court clerk in your county or an attorney how that affects your case. Filing fees and local filing details are also best confirmed with the clerk.

What not to assume. A year without a visit is important, but a court looks at the whole picture of your family's history. Don't assume the other parent's rights end automatically because time has passed. The steps still have to be completed properly.

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, plus $99 for each additional child. Court-ready documents are delivered 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 so far.