What are the requirements for stepparent adoption in Delaware?

In Delaware, a stepparent adoption is filed in Family Court, and the main requirements are that you are over age 21 and either a Delaware resident or a person with whom the child has been placed, that the required consents are in place (or that abandonment applies), and that a home study is completed. The rules come from Delaware Code Title 13, Chapter 9. Here is how each piece works.

Who can adopt: Under 13 Del. C. § 903, you must be over age 21 when the petition is filed. You must also be a Delaware resident or a person with whom a child has been placed.

Residency: Delaware sets no minimum length of time you must have lived in the state (13 Del. C. § 903). You only need to meet the resident-or-placement condition above.

Consent of the child: A child who is 14 or older has a consent role in the adoption under 13 Del. C. § 907(b). Younger children do not have an age-based consent requirement in the rules we follow.

Consent or abandonment: The other biological parent's rights have to be addressed before the adoption can go forward. Delaware handles termination of parental rights as a separate step from the adoption itself. Abandonment is covered by 13 Del. C. § 1103, which uses a 6-month period. Whether abandonment applies to your situation depends on your family's facts. If the other parent is unknown, unreachable, or likely to object, talk with the Family Court clerk in your county or an attorney about your specific case.

Home study: Delaware does not waive the home study for stepparents. It falls under 13 Del. C. § 912, so plan for it as part of your timeline.

Where you file: Delaware has 3 counties, and your petition goes to the Family Court. Filing fees, marriage documentation and any background-check steps can vary, so ask the Family Court clerk in your county to confirm current amounts and forms. You will be dealing with the court in places like Wilmington, Dover, Newark, Middletown or Smyrna, depending on where you live.

Timeline: A stepparent adoption in Delaware typically takes about 4-6 months. Contested situations or a delayed home study can change that, so treat it as a general guide.

A quick checklist to start:

• Confirm you are over 21 and meet the Delaware resident-or-placement condition.
• Find out whether the other parent will consent, or whether abandonment may apply.
• If your child is 14 or older, plan for their consent.
• Prepare for the home study.
• Ask your county's Family Court clerk about fees and local filing steps.

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.