What if the biological parent lives in Delaware but I live in another state?

Where the biological parent lives is not what Delaware's minor-adoption statute focuses on. It looks at you, the adopting stepparent, so whether you can file in Delaware while living in another state depends on your situation. Under 13 Del. C. § 903, you must be over age 21 when you file, and you must be either a Delaware resident or a person with whom the child has been placed under § 904. Delaware's statute sets no minimum number of months of residency, but this resident-or-placement requirement still applies to you.

Because this turns on your facts, the Family Court clerk or a family law attorney should confirm whether Delaware is the right place for your filing. That is especially true if you and the child live outside Delaware.

What stays the same if your case is in Delaware Family Court:

• Child's consent: If the child is 14 or older, the child's consent is part of the process (13 Del. C. § 907(b)).
• Home study: Delaware does not waive it (13 Del. C. § 912). If you live in another state, ask the clerk how the home study is handled for your household.
• Ending the other parent's rights: In Delaware, termination of the biological parent's rights is a separate step from the adoption itself.
• Timeline: Stepparent adoptions in Delaware typically take 4-6 months.

If the biological parent in Delaware agrees: A parent who consents is in a very different position from one who does not. How that parent signs, and how any papers are delivered to someone in Delaware, are procedural questions. The Family Court clerk in the relevant county can tell you what format the court expects.

If the biological parent will not consent, or cannot be found: Delaware's abandonment period is 6 months (13 Del. C. § 1103). Whether that applies to your situation depends on the specific facts, such as contact and support history. Contested cases and unknown-whereabouts cases are best reviewed with an attorney. The clerk can explain the court's procedures for notifying a parent whose address is unknown.

Questions for the clerk: Call the Family Court clerk in the county where you would file and ask:

• Can I file in Delaware based on my residency and