What is the residency requirement for adoption in Delaware?

Delaware has no minimum residency period for adoption, so you do not have to live in the state for a set number of months before you file. The residency rule in 13 Del. C. § 903 is about being a Delaware resident, not about how long you have been one.

Stepparent or other minor adoption. Under 13 Del. C. § 903, the person adopting must be over age 21 when the petition is filed. They must also be a Delaware resident, or a person with whom the child has been placed. The petition goes to the Family Court. If you recently moved to Delaware, the statute sets no waiting period in months. Whether your particular living situation counts as Delaware residency is worth confirming with the Family Court clerk in your county or with an attorney.

Adult adoption. Delaware also allows adoption of a person over 18. Under 13 Del. C. § 951, the petition is filed in the Family Court of the county where any petitioner or any person being adopted lives. That means the adoptee's residence can be enough to decide the county. The petitioner can be:

• An individual
• A married couple filing together
• An unmarried couple filing together, if they are cohabiting

Choosing the right county. Delaware has 3 counties, and each has its own Family Court location. For a minor adoption, the Family Court clerk in your county can tell you where your petition should be filed and how the court wants it submitted.

What residency does not decide. Residency is only one piece of a Delaware adoption. Consent, home study requirements and any termination of a biological parent's rights are separate questions. Delaware treats termination of parental rights as its own step, apart from the adoption. If another parent is involved, is unknown, or may object, how that affects your case depends on your facts. The Family Court clerk or an attorney can advise on that specific issue.

Timing. Once your paperwork is filed, stepparent adoptions in Delaware typically take about 4-6 months. Adult adoptions typically take about 2-3 months. Your timeline can vary with your court's schedule and your circumstances.

Next steps if you are unsure about residency:

• Note the date you moved to Delaware and where your household is based.
• Decide which county you live in, or, for an adult adoption, where the adoptee lives.
• Ask the clerk of the Family Court in that county to confirm any local filing details.

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. The cost is $349 for the first child, or for one adult adoptee, and $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 34,000+ families since 2001, including 89 in Delaware.