What are the most common mistakes families make with stepparent adoption in Delaware?

The most common mistakes Delaware families make are assuming a step is optional or already covered (home study, termination, consent), misjudging the abandonment period, and filing before they meet the basic requirements in the Family Court.

Assuming the home study will be skipped. Delaware does not waive the home study (13 Del. C. § 912). Plan for it from the start so it doesn't surprise you or slow you down later.

Overlooking a child's consent. Delaware sets a child consent age of 14 (13 Del. C. § 907(b)). If your child is 14 or older, talk with them early and make sure you understand how their consent fits into your case.

Treating termination as part of the adoption itself. In Delaware, termination of the other parent's rights is a separate step. Families who don't plan for it can end up with an incomplete case. If the other parent is contested or can't be found, the right path depends on your facts, so ask the Family Court clerk or an attorney about your situation.

Guessing about abandonment. Delaware's abandonment period is 6 months (13 Del. C. § 1103). Families sometimes rely on that label without checking whether their situation actually fits. Whether it does depends on the details, so get an answer for your case from the clerk or an attorney. In the meantime, keep a simple written record of the last contact, any attempts to reach the other parent, and dates.

Filing before you meet the basic requirements. For a minor adoption, you must be over age 21 when the petition is filed, and also a Delaware resident or a person with whom the child has been placed (13 Del. C. § 903). Delaware sets no minimum number of months of residency, so you don't need to wait out a residency clock.

Using the wrong court or county paperwork. Stepparent adoptions are filed in the Family Court, and Delaware has 3 counties. Each county's clerk's office can confirm local filing details, including the current filing fee, which you should check rather than assume.

Expecting it to be instant, or putting it off. A stepparent adoption in Delaware typically takes about 4-6 months. Delays often come from missing pieces, such as an unplanned home study or an unaddressed termination step, so it helps to start early and gather everything first.

Getting stuck on record questions afterward. Once your case is finished, the Delaware Office of Vital Statistics is the agency to ask about vital records. The court clerk can tell you what paperwork to bring.

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