What are the grounds for involuntary termination of parental rights in Delaware?

In Delaware, abandonment is the ground for involuntary termination that the data points to for stepparent adoption, and it is tied to a 6-month period under 13 Del. C. § 1103. Termination is handled in the Family Court, and in Delaware it is a separate petition from the adoption petition itself.

Abandonment. Delaware's abandonment period is 6 months. If the other biological parent has not been involved with your child for that period, abandonment under 13 Del. C. § 1103 is the ground to look at first. What counts as abandonment on your specific facts, such as what kind of contact or support interrupts the period, is something the Family Court clerk in your county or an attorney can confirm.

Other grounds. Families often ask about other situations, such as a parent who has not paid support, a parent with a history of neglect or abuse, a parent who is incarcerated, or a parent with a health or substance-use problem. Whether any of these is a separate ground in Delaware, and what proof the court requires, should be confirmed with the Family Court clerk or an attorney. The answer depends on the facts of your case, so please don't assume that one of them applies without checking.

Why the separate petition matters.

• Termination of the other parent's rights is filed apart from the adoption petition.
• Both need to be prepared correctly and filed in the Family Court.
• Delaware stepparent adoptions generally take about 4-6 months, though your timeline will depend on your own case.

When to talk to an attorney. If the other parent is likely to contest the termination, if you don't know where the other parent is, or if the other parent's identity is unclear, get advice on that specific issue. These situations turn on facts, and a document service cannot judge them for you.

Next steps.

• Write down the last time the other parent had contact with your child and the last time they provided any support.
• Gather any records you have, such as messages, court orders, or support records.
• Call the Family Court clerk in your county to ask what the court expects for your ground.

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, which you file 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 we back them with a 100% court acceptance guarantee. We have helped 89 Delaware families, and 34,000+ families nationally since 2001.