What happens if the bio parent shows up at the hearing to contest adoption in Delaware?

If a biological parent appears at your hearing in Delaware Family Court and contests the adoption, your case becomes a contested matter, and what happens next depends on the facts of your situation. Those facts include whether that parent's rights have already been ended and whether abandonment applies under 13 Del. C. § 1103.

Why a contest changes things: A stepparent adoption usually moves forward because the other biological parent consents or their rights have been ended. When that parent shows up and objects, the Family Court has to address the objection before anything is finalized. Delaware treats termination of parental rights as a separate matter from the adoption itself, so it's worth knowing where that part of your case stands.

What the abandonment provision means for you: Delaware's abandonment provision, 13 Del. C. § 1103, uses a period of 6 months. Whether your situation meets that standard depends on the real history between the parent and the child, such as contact, support and involvement. The judge looks at the evidence, and your clerk or an attorney can tell you how it applies to your facts.

What to expect at the hearing:

• The parent may be heard, and you may be asked to respond.
• Documents showing the history of contact and support can matter, so keep records such as messages, payment history and dates.
• If your child is 14 or older, their consent is a separate requirement under 13 Del. C. § 907(b), and it remains part of the case even when a parent objects.
• The judge may decide the same day or may set further proceedings. The Family Court clerk in your county can explain how scheduling works.

Timing: Uncontested stepparent adoptions in Delaware typically take 4-6 months. A contested case can take longer, and the court clerk can tell you what to expect for yours.

Before the hearing:

• Confirm how and when the other parent was notified, and keep proof of it.
• Ask the clerk in your county, whether New Castle, Kent or Sussex, about the steps for a contested matter.
• Write down the timeline of the parent's involvement while it is fresh in your mind.
• Talk with a Delaware family law attorney if the parent has told you they plan to fight the adoption. Contested cases turn on specific facts, and an attorney can advise you on yours in a way a general guide cannot.

Staying calm: A parent showing up does not mean your family's plans are over. It means the judge will need to hear and weigh the facts, so being organized and prepared helps. Keep your paperwork in order and bring copies of everything you filed.

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, ready within 24-48 hours after you finish the questions. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and every package comes with our 100% court acceptance guarantee. We have helped 89 Delaware families and more than 34,000 families nationwide since 2001.