What is an abandonment affidavit for adoption in Delaware?

An abandonment affidavit in Delaware is a sworn written statement, usually signed before a notary, in which a parent describes the other biological parent's absence from the child's life, to support a stepparent adoption that goes forward without that parent's agreement. The abandonment period Delaware uses is 6 months, under 13 Del. C. § 1103.

What it usually covers: A strong affidavit gives the Family Court clear facts rather than general impressions. It typically includes:

• The date of the last contact between the other parent and the child
• What the absence has looked like: visits, calls, letters, messages, or the lack of them
• How long the absence has lasted, measured against the 6-month period in 13 Del. C. § 1103
• Whether the other parent has provided any financial support
• Any efforts you or your spouse made to keep the other parent involved or to reach them

Who signs it: The affidavit is normally written by the child's custodial biological parent, your spouse, since that person has firsthand knowledge of the other parent's involvement. You may be able to add a supporting statement of your own about what you have seen in your home. The Family Court clerk in your county can tell you what the court expects for your filing.

Why details matter: The affidavit is your sworn account, so it should be specific, accurate, and honest. Dates, examples, and what actually happened carry more weight than broad statements such as "he was never around." Include facts that are unflattering to you or your spouse too, if they are relevant.

How it fits into the larger process: In Delaware, ending the other parent's rights is handled as a separate step from the adoption itself. An abandonment affidavit is one piece of the paperwork around that issue, not the whole case. Whether the other parent will agree, contest, or cannot be located changes what the court will need. Those situations depend on your specific facts, so please check with the Family Court clerk or an attorney about your own circumstances, especially if the other parent is likely to contest or you do not know where they are.

Timing: Stepparent adoptions in Delaware generally run about 4-6 months. Contested situations can differ, and the clerk can confirm how scheduling works in your county.

What to gather before you start:

• The approximate date and nature of the last contact
• Any texts, emails, cards, or records of calls or visits
• Any records of support payments, or a clear account of none
• Notes on your attempts to reach the other parent

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, including the details of the other parent's absence, and we prepare the complete court document package for your Delaware county, including the affidavit drafted from your answers. You then file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child. Court-ready documents are delivered 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 34,000+ families nationally since 2001.