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Whether one gift counts as abandonment in Delaware depends on your family's facts, and the Family Court decides it under 13 Del. C. § 1103. That statute uses a six-month period, so the court looks at what contact, if any, the biological parent had with your child over that stretch. A gift alone does not automatically settle the question either way.
Why the gift matters but isn't the whole picture: A gift is one piece of the history. The court will want to understand the full picture of the parent's involvement, so the gift is only one detail among many. How the Family Court weighs a single gift against an otherwise silent record is something to confirm with the Family Court clerk in your county or with an attorney who knows your situation.
What to write down now: Clear records help whatever the outcome. Gather:
- The date of the gift and what it was
- Any note, message, or card that came with it
- Whether the child was told who it came from and how the child responded
- Every other contact in the past six months and beyond, including calls, texts, visits, and cards
- Any child support or financial help, with dates, or a clear note that there was none
- Any attempts you made to keep the parent involved, and how they responded
Screenshots, postmarked envelopes, and a simple dated timeline are all useful. Be accurate and complete. If the parent did reach out in some way, include it, because an honest record serves you better than a one-sided one.
Termination is a separate step: In Delaware, ending the other biological parent's rights is handled as its own step and is not folded into the adoption itself. If the parent is likely to contest, or you aren't sure whether the history meets § 1103, that is a good moment to talk with a Delaware family law attorney about your specific facts.
Practical points for Delaware:
- You file in Family Court, and Delaware has 3 counties, so your filing goes to the county where you live.
- A home study is not waived in Delaware (13 Del. C. § 912), so plan for that step.
- Stepparent adoptions here typically take about 4-6 months.
- The Family Court clerk in your county can confirm current filing fees and local procedures.
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. Court-ready documents arrive within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we offer a 100% court acceptance guarantee. We have helped 89 Delaware families, and more than 34,000 families nationally since 2001.
Stepparent adoption in Delaware at a glance
- Court
- Family Court
- Residency before filing
- No minimum period
- Typical timeline
- 4-6 months
- Child must consent at age
- 14
- Home study
- May be required
- Delaware families we've helped
- 89
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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