Stepparent Adoption in Delaware: Process, Cost, and Timeline

Stepparent adoption in Delaware is often described as one of the simpler adoption types. That is true in a relative sense — it does not involve agency placement, home study visits from a social worker, or a match process. But "simpler" does not mean simple. Delaware requires a one-year residency period, a specific set of court forms, consent from the other biological parent (or a termination of their rights), and a finalization hearing before the Family Court.

One missing signature or a form submitted to the wrong county courthouse can set the process back by months.

Basic Eligibility

Under Title 13, Chapter 9 of the Delaware Code, a stepparent adoption requires:

• The petitioner must be legally married to the child's biological parent (or, in some circumstances, be in a legally recognized cohabiting relationship)
• The petitioner must be over 21 years of age
• The child must have resided in the stepparent's household for at least one year before the adoption petition can be filed
• The other biological parent must either consent to the adoption or have their parental rights terminated

The one-year residency requirement is the most common surprise for families. If the child moved into the stepparent's home six months ago, you cannot file yet — no exceptions.

There is a narrow exception for families where the child is 14 or older and consents to the adoption. The Family Court has discretion to recommend waiving the one-year requirement in these situations, but the process for obtaining that recommendation is not documented in public-facing court materials. It requires a motion and judicial discretion — it is not automatic.

The Other Biological Parent's Consent

This is the central legal issue in most stepparent adoptions. What happens to the other parent's rights?

If the other parent consents: They sign a formal Consent to Adoption (Form 158), which must be notarized and taken before a judge, authorized agency representative, or designated attorney. Once signed, Delaware provides a 14-day revocation window. After 14 days, the consent is irrevocable unless the signing parent can prove fraud or duress.

If the other parent's rights were already terminated: You can proceed with the adoption without their consent.

If the other parent is deceased: You will need a certified copy of the death certificate instead of a consent form.

If the other parent refuses to consent: You must petition the Family Court for an involuntary Termination of Parental Rights (TPR) under 13 Del. C. § 1103. This is a separate legal proceeding and will add significant time — typically six months to over a year — to the process, especially if the parent contests the termination.

The most common grounds for involuntary TPR in stepparent cases are abandonment (the other parent has not maintained contact or paid child support for at least six months) and failure to maintain a relationship with the child.

If the child is 14 or older: The child must provide their own written consent (Form 159) regardless of whether the other parent has already consented.

The Court Filing Process

Stepparent adoptions in Delaware are filed in the Family Court of the State of Delaware. There are three courthouses — New Castle County in Wilmington, Kent County in Dover, and Sussex County in Georgetown. You file in the county where you reside.

The standard filing packet for a stepparent adoption includes:

• Form 150: Petition for Adoption
• Form 156: Affidavit of Expenses (accounting of all money paid in connection with the adoption)
• Form 152: Final Order of Adoption (prepared for the judge's signature)
• Form 158: Consent to Adoption (signed by the other biological parent)
• Form 159: Child's Consent (if the child is 14 or older)
• Form 110A: Adoption Order of Reference
• Form 346: Custody Separate Statement
• Vital Statistics Data Sheet: Required for the new birth certificate
• Child's original certified birth certificate
• Petitioner's marriage certificate

The Family Court filing fee for a stepparent adoption varies by county and case type; budget approximately $100 to $165 for the filing fee alone.

After the petition is filed, the court will schedule a finalization hearing. In uncontested cases where the other parent has already consented, this hearing is typically scheduled within one to three months of filing.

Is a Home Study Required?

Delaware law gives the Family Court discretion to waive the home study requirement for stepparent adoptions when the child has already resided with the petitioner for a significant period. In practice, many uncontested stepparent adoptions in Delaware do proceed without a full home study — but this is at the judge's discretion, not a guaranteed right.

If the court does require a home study, it must be conducted by a licensed child-placing agency. The study typically takes two to three months and includes background checks for all adults in the household, a physical inspection of the home, and personal reference interviews.

The Cost of Stepparent Adoption in Delaware

This is a variable number depending on whether you use an attorney, whether a home study is required, and whether there are any contested elements.

Court filing fees: $100 to $165

Attorney fees (if you hire one): Delaware family attorneys typically charge between $250 and $613 per hour, with retainers starting around $3,000 to $5,000 for uncontested matters. For a straightforward, uncontested stepparent adoption with a consenting other parent, total attorney fees often fall between $1,500 and $3,500.

Home study (if required): $1,500 to $3,000 through a licensed agency

Publication costs: Some counties require publication of the adoption notice in a local newspaper; this is typically $50 to $150.

Total range (uncontested, no attorney): $200 to $400 Total range (uncontested, with attorney): $2,000 to $5,000 Total range (contested TPR required): $5,000 to $15,000+

Some families successfully complete uncontested stepparent adoptions without an attorney using the Family Court's Pro Se Resource Center. The clerks cannot provide legal advice, but they can tell you if a form is incomplete. This is a viable path if the other parent is willing to consent and the paperwork is straightforward.

After Finalization

Once the judge signs the Final Order of Adoption, the child is legally your child in every sense. You can then:

• Apply to the Delaware Office of Vital Statistics for a new birth certificate listing you as the parent
• Apply for a new Social Security card with the child's updated name (if the name changed)
• Update your will, life insurance policies, and employer benefits to reflect the child
• The child now has full inheritance rights from you and your relatives under 13 Del. C. § 920

The birth certificate amendment fee in Delaware is $25. The new birth certificate is issued by the Division of Public Health after the Clerk of Court notifies them of the finalization.

For a complete checklist of the forms, filing sequence, and what to bring to your finalization hearing, the Delaware Adoption Process Guide covers the full stepparent pathway alongside the other adoption types available in Delaware.

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