What are Delaware's adoption laws?

Delaware's adoption laws are found in Delaware Code Title 13, Chapter 9, and every adoption, whether of a child or an adult, is handled by the Family Court in one of Delaware's 3 counties. Here is how the main rules apply to a stepparent adoption.

Who can adopt: For a minor child, the person adopting must be over age 21 when the petition is filed. They must also be a Delaware resident or a person with whom a child has been placed (13 Del. C. § 903). Delaware sets no minimum number of months you must have lived in the state before filing.

Child's consent: A child who is 14 or older has a consent role in the adoption (13 Del. C. § 907(b)).

Abandonment: Delaware's abandonment period is 6 months (13 Del. C. § 1103). If you think this may apply to the other biological parent, the facts of your situation matter, so check with the Family Court clerk or an attorney.

Ending the other parent's rights: Termination of a biological parent's rights is handled through a separate petition. If the other parent will not agree, or you do not know where they are, talk to an attorney or the Family Court clerk about that specific issue.

Home study: Delaware does not waive the home study for stepparents (13 Del. C. § 912). Plan for it as part of the process.

Timeline: A stepparent adoption of a minor typically takes 4-6 months. An adult adoption typically takes 2-3 months.

Adult adoption: Delaware allows adoption of a person over 18 under Subchapter II of the chapter. Key points:

• The petition is filed in the Family Court of the county where any petitioner or any person being adopted lives (13 Del. C. § 951).
• The person being adopted must appear in court and consent (13 Del. C. § 953).
• Petitioners may be an individual, a married couple filing jointly, or an unmarried couple filing jointly if they are cohabiting.

Filing fees and records: Filing fees are set by the court, so the Family Court clerk in your county can confirm the current amount. For questions about vital records, the Delaware Office of Vital Statistics is the agency to contact.

Where to file: Delaware's cities, including Wilmington, Dover, Newark, Middletown and Smyrna, fall within those 3 counties, and your petition goes to the Family Court in the county that applies to you. Local clerks can confirm procedures such as scheduling and forms.

Every family's situation is different. If your case involves a parent who objects, a parent you cannot locate, or any other contested issue, the Family Court clerk or a Delaware attorney can advise you on that point.

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.