Adult Adoption in Delaware: Process, Requirements, and Legal Effects

Adult adoption in Delaware is a legal process most people do not know exists until they need it. It allows one adult to formally adopt another adult — someone over the age of 18 — through the Delaware Family Court. The motivations vary: formalizing a stepparent relationship that was never legally completed when the person was a minor, establishing inheritance rights for someone you have raised as a child, or cementing a long-standing parent-child bond that existed in practice but never in law.

The process is meaningfully different from adopting a minor. There is no home study, no DFS involvement, no PRIDE training requirement, and no agency. But there are specific legal requirements that must be met, and the Family Court will not finalize an adult adoption without them.

Who Can Petition for Adult Adoption

Under Title 13 of the Delaware Code, the petitioner must be over 21 years of age. Delaware does not require the petitioner to be significantly older than the adoptee — though the court will scrutinize the nature of the relationship to ensure the adoption is appropriate and not being used as a workaround for an unrelated legal purpose.

Both parties must be Delaware residents, or the adoptee must have been placed in the petitioner's home by a licensed Delaware agency at some point (which is uncommon in adult adoption situations).

Consent Requirements

The most important difference between adult adoption and minor adoption is consent. When adopting an adult, the adoptee must provide written, notarized consent. There is no situation in which an adult adoption can proceed without the consent of the person being adopted.

The biological or legal parents of the adult adoptee do not need to consent to the adoption — this distinguishes adult adoption from stepparent or kinship adoption of a minor. The biological parents' rights are not being "terminated" in the same legal sense; rather, the existing adult relationship is being formalized through a new legal designation.

If either party is married, their spouse's consent may be required depending on the circumstances. The court will advise on this at the time of filing.

The Filing Process

Adult adoptions are filed in the Delaware Family Court in the county where the petitioner resides. The filing requirements are simpler than for minor adoption:

• Petition for Adult Adoption: The court has a specific adult adoption petition form (distinct from Form 150, which is used for minor adoptions). The Delaware Courts website provides the current adult adoption forms packet.
• Consent of Adoptee: Written, notarized consent from the adult being adopted.
• Affidavit of Expenses: An accounting of any money paid in connection with the adoption.
• Final Order of Adult Adoption: Prepared for the judge's signature.

No home study is required. No background checks through DFS. No agency involvement. The court will schedule a hearing after reviewing the petition to confirm that both parties consent and that the adoption is appropriate.

The Finalization Hearing

The hearing for an adult adoption is typically brief — often 15 to 30 minutes — unless the court has specific concerns about the petition. The judge will ask both parties to confirm their identities, confirm the nature of their relationship, and affirm that both consent to the adoption. As long as the paperwork is in order and no legal issues have been flagged, the judge signs the Final Order at the hearing.

Unlike minor adoption finalizations — which often involve cameras, family celebrations, and a ceremonial photo with the judge — adult adoption hearings tend to be quieter proceedings. That does not mean they are less significant; families often describe the hearing as deeply meaningful.

What Adult Adoption Changes Legally

Once the Final Order is signed, the legal relationship is permanent. Under 13 Del. C. § 920:

• The adoptee acquires full inheritance rights from the adoptive parent and their relatives, as if they had been born to them.
• The adoptee loses the legal right to inherit from their biological parents, except in cases where the court determines otherwise or where the biological parent relationship is being preserved alongside the new legal relationship (as in some stepparent adoption situations).
• The adoptive parent can name the adoptee as a beneficiary in a will, life insurance policy, or retirement account with the full legal standing of a biological child.
• The adoptee's Social Security survivor rights, pension benefits, and immigration status (if applicable) may also be affected — consult an attorney if any of these are relevant to your situation.

A new birth certificate is not automatically issued in adult adoptions the way it is for minor adoptions, but the adoptee can apply for an amended birth certificate through the Delaware Office of Vital Statistics reflecting the new legal parent if desired.

Common Reasons Families Pursue Adult Adoption

The stepparent who was never legally completed: Many blended families operate for years with a de facto parent-child relationship that was never formalized in court. When the "child" is now 30 and the stepparent is updating their estate plan, adult adoption is the mechanism that closes the legal gap.

Inheritance and estate planning: If you want to leave assets to someone you raised as a child but who was never legally adopted, adult adoption is the cleanest legal path. It avoids challenges to a will from biological relatives and establishes the relationship unambiguously in law.

Long-term foster care relationships: Adults who aged out of foster care and maintained close relationships with their former foster families sometimes seek adult adoption years later as a way of formalizing the bond that supported them through childhood.

Ensuring legal standing for future healthcare decisions: In some cases, adult adoption establishes the adoptive parent as the appropriate decision-maker for healthcare or financial decisions if the adoptee is ever incapacitated.

What Adult Adoption Cannot Do

Adult adoption does not resolve immigration status issues. If the motivation for the adoption is immigration-related — establishing a parent-child relationship to support a visa or citizenship application — be aware that U.S. immigration law has specific rules about the age at which an adoption must have been finalized to count for immigration purposes. In most cases, the adoption must have occurred before the adoptee's 16th birthday to qualify. An adult adoption in Delaware will not create immigration benefits.

Adult adoption also does not automatically change a person's name. If either party wants a name change, that is a separate legal proceeding through the Family Court.

Getting the Filing Right

The Family Court's Pro Se Resource Center can assist with locating the correct forms. The filing fee for an adult adoption is typically lower than for a minor adoption; verify the current fee schedule with the courthouse at the time of filing.

For families working through more complex situations — multiple parties, estate planning implications, or circumstances where the biological parent relationship may need to be preserved in some form — consulting a Delaware family attorney before filing is worth the cost of a one-hour consultation at around $250 to $400.

The Delaware Adoption Process Guide covers adult adoption alongside all other Delaware adoption pathways, with a complete forms checklist and a plain-language explanation of the legal effects of finalization.

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