What if the biological parent lives in another state — can I still adopt in Delaware?

Yes. The requirements for the person adopting in Delaware focus on you, not on where the other biological parent lives. Under 13 Del. C. § 903, a petitioner for a minor adoption must be over 21 when the petition is filed, and must be a Delaware resident or a person with whom the child has been placed under § 904. Delaware also has no minimum residency period, so you do not have to wait a set number of months after moving here.

Where your case is handled: Stepparent adoptions in Delaware go through the Family Court. Delaware has 3 counties, so the Family Court clerk in your county can tell you where your petition should be filed and how the local office handles filings.

What the other parent's location can affect: Living in another state doesn't change your eligibility, but it can shape the practical steps. These are the points to confirm with the Family Court clerk or an attorney:

• Consent or termination: In Delaware, termination of the other parent's rights is a separate step from the adoption itself. If the parent agrees, the steps may look different than if they do not.
• Notice to the parent: How papers must be delivered to a parent in another state, and what proof the court wants, should be confirmed with the clerk.
• A parent who cannot be found: If you do not know where the parent is, that depends on your specific facts. An attorney can advise you on it.
• Abandonment: Delaware's abandonment period is 6 months (13 Del. C. § 1103). Whether your situation fits depends on the details, and a contested case is worth discussing with an attorney.

Other steps stay the same: A home study is not waived in Delaware (13 Del. C. § 912), whether the other parent lives down the street or across the country. Delaware stepparent adoptions typically take 4-6 months.

Helpful things to gather: Write down the other parent's last known address, how long it has been since they had contact with the child, and any court orders already in place, such as custody or child support. These details will help you and the clerk or attorney see which steps apply to you.

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.