What are the adoption laws in Delaware?

Delaware adoption law is found in Delaware Code Title 13, Chapter 9, and every adoption, whether of a child or an adult, goes through the Family Court in one of Delaware's 3 counties. For a stepparent adoption, the main rules are below.

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

Child's consent: The consent age in Delaware is 14 (13 Del. C. § 907(b)). If your child is 14 or older, plan for their consent to be part of the case.

The other biological parent: Ending the other parent's rights is handled as a separate step from the adoption itself in Delaware. The abandonment period is 6 months (13 Del. C. § 1103). Whether it applies to your family depends on your facts, so for a contested case or a parent you can't locate, ask the Family Court clerk or an attorney about your specific situation.

Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Build it into your plan.

Timeline: Stepparent adoptions in Delaware typically take about 4-6 months. Adult adoptions typically take about 2-3 months.

Adopting an adult: Delaware allows it. The law covers adoption of any person over 18 years of age, and the sections on adult adoption (13 Del. C. § 951 through 13 Del. C. § 954) list no relationship, disability or age-gap condition. The petitioner can be:

• an individual
• a married couple petitioning jointly
• an unmarried couple petitioning jointly, if they are cohabiting

The petition is filed in the Family Court of the county where any petitioner or the person being adopted lives (13 Del. C. § 951). The person being adopted must appear in court and consent (13 Del. C. § 953). Any other requirement, such as a home study for an adult adoption, should be confirmed with the clerk.

Fees and records: The data doesn't give a court filing fee, so the Family Court clerk in your county can confirm the current amount. After the adoption, the Delaware Office of Vital Statistics is the agency that handles Delaware birth records, and the clerk can tell you how to request an updated certificate.

Next steps: Because the details depend on your family's facts, such as whether the other parent consents or whether a child is 14 or older, it helps to call the Family Court clerk before filing. For a contested or complicated situation, an attorney can advise you on your specific case.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.