Does the other parent still owe child support after a stepparent adoption in Delaware?

Not going forward. Under 13 Del. C. 1113(a), once rights are terminated all rights, duties, privileges and obligations between that parent and the child cease. Past-due support is different: under 1106A(a)(7) a consent to termination must state that it extinguishes the parent's rights and obligations except for arrearages of child support, and the Family Court's packet says the same.

Does an adopted stepchild inherit from the stepparent in Delaware?

Yes. Under 13 Del. C. 920(b), the adopted child gains the right to inherit from the adoptive parent and that parent's relatives. The child loses inheritance rights from the parent whose rights ended (920(a), 1113(b)), but 920(c) says that when the adopting parent is a stepparent married to the birth or legal parent, inheritance between the child and that parent and that parent's relatives is not affected. Anyone may still provide for the child by will.

What if the other parent objects or cannot be found in Delaware?

The adoption then depends on a termination petition under 13 Del. C. 1103. The court must find by clear and convincing evidence a ground, such as intentional abandonment (child at least 6 months old; no regular communication or visits for 6 consecutive months of the 12 before filing), and the child's best interest (1108(a)). A parent who cannot be personally served in Delaware gets notice by publication for 3 weeks plus mailing (1107A). A narrow 908(b)(2) route lets the court dispense with a father's consent after a hearing on the parents' living arrangements. Attorney review is an option.

Does my spouse have a role in a Delaware stepparent adoption?

Yes. Your spouse is the parent who keeps parental rights, and under 13 Del. C. 919(b) the child's relationship to the parent married to the stepparent is in no way altered by the adoption. The Family Court's adoption guide explains that when the other parent's rights must end, your spouse files the Petition for Termination of Parental Rights at the same time you file the Petition for Adoption.

How long does a stepparent adoption take in Delaware, and what does it cost?

The child must have lived with you for 1 year before filing, or 6 months on an agency recommendation (913(b)). In a stepparent adoption the social report is due within 60 days after the social study is completed, and the court then has 60 days to decide (912(c), 915(a)). In a termination case the agency has 6 months to file its report. Court costs are taxed to the petitioner (916) and the agency charges for the study, so ask the clerk about fees and Form 257P fee waivers.

Stepparent Adoption in Delaware

Reviewed by DocDraft Legal Team - Delaware - Last updated October 6, 2026

In Delaware a stepparent adoption is heard by the Family Court under Title 13, Chapter 9, and 13 Del. C. 908(b) requires consent from both of the child's parents. If the other parent will not consent, Delaware has no general consent bypass in the adoption chapter: that parent's rights must be terminated under 13 Del. C. 1103, usually on a petition your spouse files at the same time you file the Petition for Adoption (Form 150). The court must find by clear and convincing evidence that a ground exists, such as intentional abandonment (for a child at least 6 months old, failing to communicate or visit regularly for at least 6 consecutive months of the 12 months before filing), and that termination is in the child's best interest (13 Del. C. 1108(a)). A social study report is ordered in every adoption, and a child 14 or older must consent unless the court waives it.

Find out where you stand in Delaware

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How are the other parent's rights ended in a Delaware stepparent adoption?

By consent, or by terminating that parent's rights, usually on your spouse's petition. After notice, the Family Court must find by clear and convincing evidence a 13 Del. C. 1103 ground, such as intentional abandonment (child at least 6 months old; no regular communication or visits for 6 consecutive months of the 12 before filing), and the child's best interest.

Which court and which forms are used for a stepparent adoption in Delaware?

The Family Court hears adoptions (13 Del. C. 902(a)), in the county where you reside. You file the Petition for Adoption (Form 150) with Forms 346, 240, 156, 110A and 152. If the other parent's rights must end, your spouse files the Petition for Termination of Parental Rights (Form 112) at the same time.

Is a home study required for a stepparent adoption in Delaware?

A social study report is required, but no agency placement is. Under 13 Del. C. 912(a), the judge orders a social study report on filing unless one was filed with the petition, and 904(a)(1) excuses agency placement and supervision for a stepparent. A termination case also needs a social report, which the petitioner pays the agency to prepare.

At what age must the child consent to a stepparent adoption in Delaware?

Under 13 Del. C. 907(b), a child 14 years of age or over must give a written, acknowledged consent, unless the court, after further investigation or inquiry, decides waiving it is in the child's best interest. The Family Court form is Affidavit of Consent of Child Over 14 Years of Age (Form 159).

Delaware's Family Court, the 1103 termination grounds, and the age-14 consent

Delaware stepparent adoptions are filed in the Family Court of the county where the petitioner resides (13 Del. C. 902). The petitioner must be over 21 and a Delaware resident at filing (903), and under 913(b) the child must have lived in your home for at least 1 year before filing, or 6 months on the recommendation of the Department or a licensed agency; the child need not be legally free first. Section 908(b) requires consent from the child's mother and from the father and any presumed father, given in writing and notarized under 907(a). If the other parent will not consent, that parent's rights must be terminated under 13 Del. C. 1103. The Family Court's adoption guide explains that your spouse, as the child's parent, files the Petition for Termination of Parental Rights (Form 112) at the same time you file the Petition for Adoption (Form 150). Under 1108(a) the court must find by clear and convincing evidence both that a ground exists and that termination is in the child's best interest, and notice of the hearing must be served on the parent under 1107A. Grounds that fit a stepparent case include intentional abandonment under 1103(a)(2)b: the child is at least 6 months old and, for at least 6 consecutive months of the 12 months preceding filing, the parent failed to communicate or visit regularly (and, if the child was not in the other parent's physical custody, to show an ability and willingness to assume custody). Unintentional abandonment under 1103(a)(3) requires that for at least 12 consecutive months of the 18 months preceding filing the parent failed to communicate or visit regularly and to file or pursue a petition for paternity or for contact or visitation, and, in the stepparent version, that the child is in the legal and physical custody of the other parent and the stepparent, the stepparent is the prospective adoptive parent, and the parent is not able or willing to promptly establish and maintain contact with the child and pay reasonable support. Separately, 908(b)(2) lets the court dispense with a father's consent in limited cases where the mother's affidavit names the father or says his name or address is unknown, after a hearing establishing that the parents are not and have not been living together openly and have not married since the birth, and after considering the social report. A social study report is ordered in every adoption (912(a)), and a child 14 or older must consent unless the court waives it as in the child's best interest (907(b)).

Relevant Laws

13 Del. C. 907 and 908 (Consent requirements and right to consent)

Section 907(a) requires a written, notarized consent attached to the petition, and 907(b) requires the consent of a child 14 or over unless waived in the child's best interest. Section 908(b) requires consent from the mother and the father and any presumed father in a stepparent adoption, and 908(b)(2) lets the court dispense with the father's consent in limited cases after a hearing and the social report. Section 913(b) sets the 1-year (or recommended 6-month) residence in the petitioner's home.

13 Del. C. 1103 and 1108 (Grounds for termination and the order)

Section 1103 lists the grounds, including intentional abandonment (for a child at least 6 months old, failing to communicate or visit regularly for at least 6 consecutive months of the 12 months before filing) and unintentional abandonment with a stepparent prong (for at least 12 consecutive months of the 18 before filing, the parent failed to communicate or visit regularly and to file or pursue a petition for paternity or for contact or visitation; the child is in the custody of the other parent and the stepparent, the stepparent is the prospective adoptive parent, and the parent is not able or willing to promptly establish and maintain contact and pay reasonable support). Section 1108(a) requires clear and convincing evidence of a ground and of the child's best interest.

13 Del. C. 912 (Social study and report)

On the filing of an adoption petition, the Family Court judge orders a social study report by the Department or a licensed or authorized agency unless the report was filed with the petition. In a stepparent case the report is due within 60 days after the social study is completed, includes the cost of the study, and states that the parent whose rights are ending was told of the right to file an affidavit under subchapter III.

Family Court of Delaware: A Guide to Adoption

The Family Court's adoption guide (Rev 10/2025) lists the required forms: Petition for Adoption (Form 150), Forms 346, 240, 156, 110A and 152, plus consent forms 158 (parent) and 159 (child 14 or older). It explains that in a stepparent case your spouse files the termination petition at the same time you file for adoption.

Regional Variances

Delaware stepparent adoption requirements

Court

Family Court (13 Del. C. 902(a)). Adoption venue: the county where the petitioner resides, or where the placing agency is located (902(b)). Termination venue: the county where a parent or the child resides, or where the organization with care or custody of the child is located (1102(b)).

Petition form

Petition for Adoption (Form 150) with Forms 346, 240, 156, 110A and 152. If the other parent's rights must end, Petition for Termination of Parental Rights (Form 112), usually filed by your spouse at the same time. Consent forms: Form 158 (parent), Form 140 (consent to termination), Form 159 (child 14 or older).

Other parent's consent

Required from the mother and the father and any presumed father (13 Del. C. 908(b)), in writing and notarized (907(a)). A consent to termination must be signed before a judge, commissioner, designated person, or a lawyer not representing the adoptive parent (1106(d)); it may be revoked by written notice within 14 days (1106B(a)(1)).

Proceeding without consent

Termination of parental rights under 13 Del. C. 1103, on clear and convincing evidence of a ground and that termination is in the child's best interest (1108(a)), with notice under 1107A. Grounds fitting a stepparent case: intentional abandonment (1103(a)(2)b: child at least 6 months old; parent failed to communicate or visit regularly for at least 6 consecutive months of the 12 preceding filing, and, if the child was not in the other parent's physical custody, to show ability and willingness to assume custody); unintentional abandonment (1103(a)(3): 12 consecutive of 18 months without regular communication or visits or a petition for paternity or contact, AND child in the custody of the other parent and the stepparent, stepparent is the prospective adoptive parent, parent not able or willing to promptly establish and maintain contact and pay reasonable support); also certain convictions, prior involuntary termination, or abuse. Narrow 908(b)(2) dispensation of a father's consent after a hearing.

Home study

Social study report ordered on filing unless filed with the petition (13 Del. C. 912(a)); in a stepparent case due within 60 days after the study is completed (912(c)). No agency placement or supervision required for a stepparent (904(a)(1)). Termination case: social report by DSCYF or a licensed agency within 6 months (1107(b)).

Residency or waiting period

Petitioner over 21 and a Delaware resident at filing (13 Del. C. 903). Child must have lived in the petitioner's home at least 1 year before filing, or 6 months on recommendation of the Department or a licensed agency (913(b)). Family Court TPR packet: child living in Delaware at least 6 consecutive months before a termination petition, with exceptions. No minimum marriage length.

Child's consent age

14 years of age or over, written and acknowledged, unless the court deems waiver in the child's best interest (13 Del. C. 907(b)); Form 159. A child over 14 may petition to withdraw consent within 60 days after the petition is filed (909).

Suggested Compliance Checklist

Confirm consent or the termination ground

Before filing days after starting

Ask whether the other parent will consent (13 Del. C. 908(b)). If not, check whether a 1103 ground can be proved by clear and convincing evidence along with the child's best interest (1108(a)), such as intentional abandonment: for a child at least 6 months old, no regular communication or visits for at least 6 consecutive months of the 12 months before filing. Notice of the hearing must be served on the parent (1107A).

Check residence and eligibility timing

Before filing days after starting

Confirm you are over 21 and a Delaware resident (903), and that the child has lived in your home for at least 1 year, or 6 months on an agency recommendation (913(b)). If a termination petition is needed, the Family Court packet says the child should have lived in Delaware for 6 consecutive months first.

File the adoption and any termination petition

At filing days after starting

File the Petition for Adoption (Form 150) and supporting Forms 346, 240, 156, 110A and 152 in Family Court, with signed consents (Forms 158, 159, or 140). If the other parent's rights must end, your spouse files Form 112 at the same time. Ask the clerk for the current filing fee.

Arrange and pay for the social report

After filing days after starting

Cooperate with the agency preparing the adoption social study (13 Del. C. 912), whose report states the cost of the study. In a termination case, the Family Court's TPR packet says you choose a licensed child-placing agency on the Order of Reference and pay its fee, which is not a court fee and cannot be waived by the court.

Confirm the child's new name and update records

After the adoption decree days after starting

State the new name in the petition (906(6)) so the decree carries it (915(c)). Then request the new birth certificate: Delaware's State Registrar files one on a certified copy of the decree (922(a)). A separate name change petition is needed only for name changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Confirm consent or the termination ground	Ask whether the other parent will consent (13 Del. C. 908(b)). If not, check whether a 1103 ground can be proved by clear and convincing evidence along with the child's best interest (1108(a)), such as intentional abandonment: for a child at least 6 months old, no regular communication or visits for at least 6 consecutive months of the 12 months before filing. Notice of the hearing must be served on the parent (1107A).	-	Before filing
Check residence and eligibility timing	Confirm you are over 21 and a Delaware resident (903), and that the child has lived in your home for at least 1 year, or 6 months on an agency recommendation (913(b)). If a termination petition is needed, the Family Court packet says the child should have lived in Delaware for 6 consecutive months first.	-	Before filing
File the adoption and any termination petition	File the Petition for Adoption (Form 150) and supporting Forms 346, 240, 156, 110A and 152 in Family Court, with signed consents (Forms 158, 159, or 140). If the other parent's rights must end, your spouse files Form 112 at the same time. Ask the clerk for the current filing fee.	-	At filing
Arrange and pay for the social report	Cooperate with the agency preparing the adoption social study (13 Del. C. 912), whose report states the cost of the study. In a termination case, the Family Court's TPR packet says you choose a licensed child-placing agency on the Order of Reference and pay its fee, which is not a court fee and cannot be waived by the court.	-	After filing
Confirm the child's new name and update records	State the new name in the petition (906(6)) so the decree carries it (915(c)). Then request the new birth certificate: Delaware's State Registrar files one on a certified copy of the decree (922(a)). A separate name change petition is needed only for name changes outside the adoption.	name-change-petition	After the adoption decree

Frequently Asked Questions

Other Delaware guides

Adverse Possession in Delaware: Twenty Years and a Statute That Never Says It

Asset Protection Planning in Delaware (2026)

Dealing With Debt Collectors in Delaware (2026)

Delaware Notice to Vacate: 2026 Landlord Rules & 60-Day Rule

Expunging a Criminal Record in Delaware (2026)

Filing a Workplace Harassment Complaint in Delaware

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