Adult Adoption in Delaware: Legal Process, Costs, and Inheritance Rights
Adopting an adult in Delaware is a streamlined process that bypasses the lengthy home study requirement. By filing in Family Court, you can establish permanent legal ties and clear inheritance rights for $100 in court fees.
Adoption is not just for young children. Many families in Delaware choose to adopt an adult to formalize a parent-child relationship that has existed for years in their hearts, but not on paper. Whether you live in Newark, Smyrna, or Milford, an adult adoption is a beautiful, deeply emotional milestone. It provides a profound sense of belonging, allowing families to share a last name and solidify their lifelong connection.
Unlike adopting a minor, the legal framework for adopting someone over the age of 18 is significantly easier. Because the "child" is a consenting adult, the state is far less intrusive. There are no social workers knocking on your door, no mandatory waiting periods to see if the living arrangement works, and no requirement to notify the biological parents. The primary focus of the court is ensuring that both parties willingly consent to the adoption and that it is not being done for fraudulent reasons.
While the process is simpler, drafting the legal documents correctly is still critical to ensure your inheritance rights and new birth certificates are processed smoothly. We highly encourage you to utilize our USA Lawyer Directory to find a compassionate local family law attorney in Delaware who can handle the paperwork and guide you seamlessly through to finalization.
Step-by-Step Adult Adoption Process in Delaware
Adult adoptions are governed by 13 Del. C. § 951. The process involves filing a joint petition in the Family Court of the county where you reside, such as the Family Court of the State of Delaware, Georgetown or Family Court of the State of Delaware, Wilmington.
Adopting a Former Foster Child Who Aged Out
One of the most common scenarios for adult adoption in Delaware involves former foster children. When a child "ages out" of the foster care system at 18, they are legally considered adults, but many still desperately need the emotional support and anchor of a permanent family. Foster parents often choose to formally adopt these young adults. Because the adoptee is over 18, the Delaware Department of Services for Children, Youth and Their Families, Wilmington is no longer involved, making the legal process direct and uncomplicated.
Adopting an Adult Stepchild
Many stepparents raise a child from a young age but are unable to finalize an adoption while the child is a minor because a biological parent refuses to consent. Once that child turns 18, the biological parent's consent is no longer required. You and your adult stepchild can simply file a Form 150A, Delaware, Family Court, Petition for Adoption of an Adult together, finally making the relationship official in the eyes of the law.
Legally Adopting a Caregiver or Disabled Adult
Sometimes, families wish to adopt a disabled adult they have cared for, or an older adult may wish to adopt a dedicated caregiver to ensure they are treated as family. While Delaware law permits these adoptions, the Family Court will review these cases a bit more closely to ensure there is no financial exploitation or undue influence, especially if the adult adoptee has cognitive disabilities. If the adoptee has a diminished capacity, a legal guardian may need to consent on their behalf.
Impact on Delaware Inheritance and Probate Rights
One of the most important legal consequences of an adult adoption is the impact on inheritance. Under Delaware probate law (12 Del. C. § 508) and 13 Del. C. § 954, an adopted adult is treated exactly the same as a biological child for the purposes of intestate succession. This means that if the adoptive parent passes away without a will, the adopted adult has the legal right to inherit a portion of the estate. Under 12 Del. C. § 508(3)a and 13 Del. C. § 919(b), when an adult is adopted by a stepparent, the legal relationship and intestate inheritance rights with the biological parent married to the stepparent remain completely intact; the adoptee loses intestate inheritance rights only with respect to the other biological parent whose parental relationship is replaced, unless explicit provisions are made in a will.
How Much Does it Cost in Delaware?
Because there is no home study and rarely any litigation, adult adoption is one of the most affordable legal procedures in family law.
| Expense Type | Estimated Cost in Delaware |
| Family Court Filing Fee | $100 |
| Amended Birth Certificate | $25 |
| Background Check (If requested by Judge) | $45 - $65 |
| Attorney Fees (Flat Fee usually available) | $800 - $1,500 |
How Long Does the Process Take?
The timeline for an adult adoption is very fast. Once the petition is filed, the court will typically schedule a finalization hearing within 30 to 60 days. The hearing itself usually takes less than 15 minutes, serving mostly as a joyous celebration of the new legal family.
Frequently Asked Questions (FAQ)
Do we have to notify the biological parents?
No. Under Delaware law, because the adoptee is a legal adult, the biological parents do not need to consent, nor do they even need to be notified of the adoption.
Can the adopted adult change their name?
Yes. The adult adoptee can request a legal name change as part of the adoption petition. The judge will include the new name in the final decree, which is then used to update their Social Security card and driver's license.
Is there an age difference requirement in Delaware?
While some states require the adoptive parent to be at least 10 or 15 years older than the adult adoptee, Delaware does not have a strict statutory age difference requirement, though judges may scrutinize cases where the parties are close in age to prevent fraud.
Can my spouse and I adopt an adult together?
Yes. Married couples can file a joint petition to adopt an adult, granting the adoptee two legal parents simultaneously.
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