How to Complete a Stepparent Adoption in Delaware When the Biological Parent Objects

Stepping up to raise your spouse's child is an incredible act of love and commitment. For many families living in Wilmington, Dover, and Newark, finalizing a stepparent adoption is the ultimate way to solidify that bond. However, when the child's other biological parent refuses to consent to the adoption, the legal path becomes much more complex. You cannot simply "adopt over" an objecting parent. Instead, you must first ask the court to permanently sever their legal rights.

In Delaware, terminating a biological parent's rights without their consent is one of the most serious decisions a court can make. Judges do not take this lightly, as it permanently cuts off all legal relationships, inheritance rights, and visitation. To succeed, you must present clear and convincing evidence that the biological parent has failed in their fundamental duties to the child, and that the adoption is ultimately in the child's best interest.

Because the stakes are so high and the paperwork is so strictly scrutinized, attempting this process without professional legal help is highly risky. We strongly recommend browsing our USA Lawyer Directory to find an experienced local family law attorney in Delaware. A qualified lawyer can guide you through the Family Court procedures, build a compelling case, and help you legally unite your family.

Step-by-Step Process in Delaware

In Delaware, all adoption and TPR (Termination of Parental Rights) cases are handled by the Family Court. Depending on where you live, you will file your paperwork at the Family Court of the State of Delaware, Wilmington, Family Court of the State of Delaware, Dover, or Family Court of the State of Delaware, Georgetown.

Step 1: Filing the Petition for TPR and Adoption

The process generally begins by filing a Form 112, Delaware, Family Court, Petition for Termination of Parental Rights and a Form 150, Delaware, Family Court, Petition for Adoption. Under 13 Del. C. § 1103, you must specify the legal grounds for terminating the objecting parent's rights. The most common ground in stepparent adoptions is abandonment. Under Delaware law, this can be proven through intentional abandonment under 13 Del. C. § 1103(a)(2)b.2 (when a stepparent is the prospective adoptive parent and the biological parent is unable or unwilling to promptly establish and maintain contact and pay reasonable support) or unintentional abandonment under 13 Del. C. § 1103(a)(3)a (where the parent has failed to communicate or visit regularly for at least 12 consecutive months of the 18 months preceding the petition). You must gather text messages, emails, and financial records to prove this lack of involvement.

Dealing with an Incarcerated Biological Parent

If the biological parent is currently in prison, incarceration alone does not automatically terminate their rights. However, the court will look at the nature of their crime, the length of their sentence, and whether they made any effort to maintain a relationship with the child while incarcerated. If the parent is serving a long sentence for a violent crime, or if their criminal lifestyle is deemed harmful to the child's welfare, a judge may find that terminating their rights is appropriate.

Parents Who Owe Unpaid Child Support

Failure to pay child support is a massive factor in TPR cases. If the objecting parent is significantly behind on court-ordered child support, this strongly supports your claim of abandonment. The court views financial support as a primary parental duty. While owing money does not guarantee an automatic win, a documented history of unpaid support from the Delaware Division of Child Support Services, New Castle will heavily influence the judge's final decision in your favor.

Out-of-State Biological Parents

If the biological parent lives outside of Delaware-or if you do not know where they are-you still must notify them of the lawsuit. This is called "service of process." If you cannot locate them after a diligent search, your attorney can file a motion asking the judge for permission to serve them by publication. This involves publishing a legal notice in a local newspaper in their last known city. If they fail to respond to the publication, the court may enter a default judgment against them, allowing the adoption to proceed.

The Finalization Hearing

Once the TPR is granted, the final step is the adoption hearing. In a stepparent adoption, Delaware law generally waives the requirement for an extensive home study, which saves significant time and money. At the final hearing, the judge will review the paperwork, speak with the child (if they are old enough), and officially declare the stepparent as the legal parent. A new birth certificate will then be issued from the Delaware Office of Vital Statistics, Dover.

How Much Does it Cost in Delaware?

Contested adoptions require litigation, which means the costs are higher than a simple, uncontested case.

How Long Does the Process Take?

If the biological parent objects and fights the TPR in court, the process can be lengthy. From the time you file the initial petition, it can take anywhere from 6 to 12 months to gather evidence, complete the necessary hearings, and reach the finalization stage.

Frequently Asked Questions (FAQ)