{"id":372364,"date":"2016-03-31T21:34:49","date_gmt":"2016-04-01T02:34:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-adoption-laws.html"},"modified":"2024-09-27T17:09:44","modified_gmt":"2024-09-27T22:09:44","slug":"delaware-adoption-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-adoption-laws.html","title":{"rendered":"Delaware Adoption Laws"},"content":{"rendered":"\n
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Delaware Adoption Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Navigating the adoption process can be a rewarding yet complex journey, and understanding the legal framework is crucial for success.<\/p>\r\n

If you are considering adoption in the state of Delaware, it’s important to get to know Delaware’s specific adoption laws. These laws give the guidelines and requirements that prospective adoptive parents must follow to ensure a smooth and legally compliant adoption process. By understanding these laws, you can better prepare to provide a loving family for a child in need.<\/p>\r\n

Types of Adoption in Delaware<\/b><\/h2>\r\n

In Delaware, prospective parents have several types of adoption options. Domestic adoption involves adopting children from within the United States. International adoption<\/a>, also known as foreign adoption, involves adopting children from other countries.<\/p>\r\n

Delaware also supports foster care adoption, where foster parents can adopt children in the state’s foster care system<\/a>. Also, people can arrange private adoptions through adoption agencies or attorneys, often involving direct placement with birth parents. Stepparent adoption allows a stepparent to adopt their spouse’s child. Open adoption<\/a> offers an arrangement where birth parents maintain some level of contact with the adoptive family. There are also adoptions of blood relatives, such as a grandparent adopting a grandchild. Each type of adoption has specific legal requirements and processes to meet the child’s best interests.<\/p>\r\n

Delaware Adoption Laws: At a Glance<\/b><\/h2>\r\n

The following table highlights the main provisions of Delaware’s adoption laws, and an in-depth discussion follows. See FindLaw’s Adoption<\/u><\/a> section to learn more.<\/p>\r\n\r\n
Code section<\/th>\r\nTit. 13, \u00a7 901 et. seq., of the Delaware Code<\/u><\/a><\/td>\r\n<\/tr>
Who may be adopted<\/th>\r\nAny person<\/td>\r\n<\/tr>
Age that child’s consent needed<\/th>\r\n14 years and older, unless the court waives consent in the best interest of the child<\/td>\r\n<\/tr>
Who may adopt<\/th>\r\nUnmarried person; divorced or legally separated person; spouses living together and holding themselves out to be a couple or in a relationship. Must be a legal resident of Delaware and over 21.<\/td>\r\n<\/tr>
Home residency required before finalization of adoption?<\/th>\r\nSix months<\/td>\r\n<\/tr>
State Agency\/Court<\/th>\r\nDepartment of Services for Children, Youth and Their Families<\/a>\/Delaware Family Courts<\/a><\/td>\r\n<\/tr>
Statute of limitations to challenge<\/th>\r\nSix months<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing \u2014 <\/i>contact a Delaware adoption attorney<\/u><\/i><\/a> or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Eligibility for Adoption<\/b><\/h2>\r\n

In most states, any single adult or a married couple can adopt a child. A stepparent may also be eligible to adopt the child of their spouse. In some states, married people can adopt without their spouse’s consent if their spouse is legally incompetent or if they are legally separated from their spouse. Many states have adoption courts<\/u><\/a>, which work to serve the best interests of a child when it comes to adoption decisions.<\/p>\r\n

Delaware Adoption Process<\/b><\/h2>\r\n

The adoption process in Delaware involves several important steps to ensure that the adoption is legally completed and in the child’s best interests. Prospective adoptive parents must first complete a home study<\/a> by a licensed social worker, which includes background checks and assessments of their suitability to provide a loving home. They must also prepare an adoption plan outlining how they will meet the child’s needs.<\/p>\r\n

Once the home study gets approved, the next step is to file an adoption petition <\/a>with the family court<\/a>. The court will review the adoption petition, the parental rights of the biological parents, and other relevant documents. The Department of Services for Children, Youth, and Their Families<\/a> may help assess the case. Court costs are part of the process, and once everything gets reviewed and approved, the court will issue a decree of adoption. This final decree establishes the adoptive parents’ legal rights and responsibilities. It also allows the issuance of a new birth certificate for the child.<\/p>\r\n

Get Legal Help With an Adoption<\/b><\/h2>\r\n

Adoption can be a complicated process. Many state and federal laws govern adoption. An attorney will help you navigate these laws. They will help review your case, provide helpful legal advice, and advocate for you and your future child. If you want legal help with an adoption case, find an experienced Delaware adoption attorney<\/a> to schedule a consultation.<\/p>\r\n

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