What counts as abandonment for adoption purposes in Delaware?

In Delaware, abandonment is tied to a six-month period under 13 Del. C. § 1103. This is the provision that matters when the other biological parent has stepped away from the child and you want to know whether their rights can be ended so a stepparent can adopt.

The six-month period. Delaware's abandonment period is 6 months. It gives you the starting point for deciding whether your situation may qualify, but it does not settle the question by itself.

What the details depend on. Whether a particular pattern of contact, calls, visits, cards or financial support counts as abandonment depends on the facts of your family and on how the Family Court applies 13 Del. C. § 1103. Our information does not spell out those details, so please confirm them with the Family Court clerk in your county or with an attorney. This is especially important if you know the other parent has had some contact, however small, or if you are unsure where they are.

Termination is a separate step. In Delaware, ending the other parent's rights is handled through its own petition, separate from the adoption petition. Abandonment is one way that request may come before the court, so it helps to think of the two steps together when you plan your case.

If the other parent disagrees. If the other parent objects or contests the case, the outcome depends on the specific facts and on the judge. For a contested case, an attorney can advise you on your particular situation.

Where your case is filed. Adoptions in Delaware go through the Family Court, and the state has 3 counties. Delaware has no minimum residency period for the adoption petition (13 Del. C. § 903), though the petitioner must be over age 21 when filing. Delaware also does not waive the home study (13 Del. C. § 912), so plan for it in your timeline.

Timing. A stepparent adoption in Delaware typically takes about 4-6 months. A contested termination can change that, so ask the clerk what to expect in your county.

Steps you can take now:

• Write down the last date the other parent had any contact with your child, and what that contact was.
• Gather any messages, letters or records that show the pattern over time.
• Ask the Family Court clerk in your county how abandonment is shown in your situation.
• Talk to an attorney if the other parent is likely to object or if you cannot locate them.

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. Court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. The cost is $349 for the first child and $99 for each additional child. We have helped 89 Delaware families and more than 34,000 families nationally since 2001.