What if the biological father refuses to consent to adoption in Delaware?

A father's refusal to consent does not automatically end a stepparent adoption in Delaware, but it does mean his parental rights have to be dealt with through the Family Court, and the outcome depends on your specific facts.

Termination is a separate step. In Delaware, ending a biological parent's rights is handled separately from the adoption itself. If the father will not sign a consent, you should expect the court to address his rights before it can finalize the adoption. How the court weighs a particular father's situation is something to confirm with the Family Court clerk in your county or with an attorney.

Abandonment is the ground families most often ask about. Delaware's abandonment period is six months (13 Del. C. § 1103). Questions the court may look at include:

• When he last saw or spoke with your child
• Whether he has provided financial support
• Whether he has stayed in touch in any meaningful way

Whether his situation meets the statute is a question of facts. If there is any dispute about contact or support, speak with an attorney about your case.

If he is involved and objects. When a father is active in your child's life and opposes the adoption, the case is contested. Contested hearings depend heavily on individual circumstances, so this is the point to talk with a Delaware family law attorney.

Other requirements still apply.

• Your child's consent: If your child is 14 or older, their consent is part of the process (13 Del. C. § 907(b)), separate from the father's.
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so plan for it whether or not the father consents.
• Residency: Delaware sets no minimum residency period (13 Del. C. § 903 is the relevant code section).
• Court: Your petition goes to the Family Court in your county.

Timeline. An uncontested stepparent adoption in Delaware typically takes 4-6 months. A case involving a termination of rights or a contested hearing may differ, and the Family Court clerk can tell you what to expect locally, including current filing fees.

What to do next.

• Write down the date he last had contact with your child and the date of any last support payment.
• Gather any texts, emails, or court orders that show his involvement or lack of it.
• Ask the Family Court clerk in your county how a nonconsenting parent is handled procedurally.
• Consult an attorney if the father has said he will fight the adoption.

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 cost is $349 for the first child, plus $99 for each additional child. Court-ready documents arrive 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 more than 34,000 families nationally since 2001.