Stepparent Adoption Petition (Form 150) and Required Forms - Delaware Preparation Worksheet
Stepparent Adoption Petition (Form 150) and Required Forms - Delaware Preparation Worksheet
Before you use this: Transfer the information below to the Delaware Family Court's current forms. The court says its six required adoption forms must be submitted for a filing to be accepted. This worksheet is not a petition, consent, order, or termination-of-parental-rights filing. Download the forms from https://courts.delaware.gov/family/adoption/forms.aspx before preparing them.
1. Assemble the court's required forms
| Court form | Information or task to prepare |
|---|---|
| Petition for Adoption (Form 150) | Complete the petitioner, child, consent, attachment, and sworn statement fields below. |
| Custody Separate Statement (Form 346) | Gather the child's residences and custody-proceeding information requested on the current form. |
| Information Sheet (Form 240) | Complete the identifying and contact information requested on the current form. |
| Affidavit of Expense (Form 156) | Gather adoption-related fees and expenses; § 906(10) requires petitioner expense affidavits. |
| Adoption Order of Reference (Form 110A) | Prepare the current court form for submission. |
| Final Order of Adoption (Form 152) | Prepare the current court form for submission; only the court enters an adoption decree. |
Forms that depend on the case: Form 150 calls for the Affidavit of Consent of Natural Parent whose Spouse is Petitioning for Adoption (Form 158) when that consent applies; it also identifies Consent to Termination and Transfer of Parental Rights (Form 140). If the child is 14 or older, attach the Affidavit of Consent of Child 14 Years of Age or Older (Form 159), unless the court waives that consent under 13 Del. C. § 907(b). Confirm with the court or counsel which parental consents, termination orders, and attachments fit this case. Do not sign a consent on this worksheet.
2. Form 150 — petitioner and child information
| Form 150 field | Draft response |
|---|---|
| Filing county (New Castle, Kent, or Sussex) | [________________________________] |
| Petitioner name, street address, P.O. box, city/state/ZIP | [________________________________] |
| Home phone, work phone, email | [________________________________] |
| Petitioner relationship to child and marital status | [________________________________] |
| Attorney, interpreter need, and language | [________________________________] |
| Second petitioner, if any, and same contact details | [________________________________] |
| Each child's name, date and city/state of birth, gender, and relationship to petitioner | [________________________________] |
| Person or organization legally qualified to consent, address, and basis of consent authority | [________________________________] |
| Date of marriage between stepparent and child's natural parent | [__/__/____] |
| Child's name to be assumed after adoption | [________________________________] |
| Child brought into Delaware from another state or country for adoption? | ☐ Yes ☐ No |
| Hearing or ceremony requested, subject to court discretion? | ☐ Yes ☐ No |
Form 150 asks for proof of Interstate Compact compliance if the child was brought into Delaware for adoption from another state or country. Record the applicable facts and attach the required written approval if the form's answer is yes: [________________________________]. See also 13 Del. C. § 906(8).
3. Form 150 — attachments and sworn statements
☐ Child's birth certificate, rather than a certificate of live birth, is available for attachment.
☐ Form 156, Affidavit of Expense, is completed.
☐ Certified marriage certificate of the natural parent and stepparent is available when Form 150 calls for it.
☐ Required adoption consent, Form 158, Form 140, child consent Form 159, or an existing termination order is identified with counsel for this case. Record the document and signer: [________________________________]. Under § 907(a), adoption consent is written, notarized, and attached as an exhibit.
☐ Petitioner will sign Form 150 and its separate affidavit of truth before the notary or clerk as directed on the court form. Second petitioner, if any, will complete the applicable signature block.
The current § 906 also requires the petition to identify the child, petitioner, relationship, consent authority, marriage date, proposed name, and applicable exhibits. If parental rights have not already been terminated, gather the mother's and natural or presumed father's names and residences, the mother's marital status at conception and birth, and any affidavit or evidence required by § 906(7) for the facts of this case. Record missing items for counsel: [________________________________]. The Code displays a different § 906 version effective December 6, 2026; review the law again before filing on or after that date.
4. Eligibility, residence, and study review
| Issue | Facts to confirm |
|---|---|
| Petitioner is over age 21 and satisfies § 903's residency or placement and filing-status requirements | [________________________________] |
| Child's residence in petitioner's home began | [__/__/____] |
| At least one year of residence, or six continuous months with a Department or licensed-agency recommendation under § 913(b) | [________________________________] |
| Social study report under § 912 filed with petition, or to be ordered by the court | [________________________________] |
| Required adoption consents or prior termination order | [________________________________] |
Section 904(a)(1) exempts a stepparent adoption from the ordinary agency placement and pre-petition supervision requirement. Section 912 still calls for a social study report. Section 919(b) preserves the child's legal relationship with the birth parent married to the adopting stepparent. Do not assume the other parent's rights have ended before a court order or adoption decree.
5. Separate parental-rights proceeding, if needed
If a necessary parent has not consented and no prior termination order exists, discuss a separate termination-of-parental-rights petition under 13 Del. C. ch. 11 with Delaware counsel. The court's adoption guidance identifies the child's parent married to the adopting stepparent as the petitioner for that proceeding. Section 1103 supplies the grounds; § 1105 sets petition contents; § 1106 governs consent in termination proceedings. Do not use this worksheet as a termination petition or treat a parent's silence as consent.
Other parent or presumed father's name and last known address: [________________________________]
Existing consent, paternity disclaimer, or court order, if any: [________________________________]
Relevant facts and documents for attorney review: [________________________________]
Sources and references
- Delaware Family Court, Adoption Forms and its current Form 150.
- Delaware Code, Title 13, Chapter 9 (adoption).
- Delaware Code, Title 13, Chapter 11 (termination and transfer of parental rights).
Disclaimer: This worksheet provides information only and is not legal advice. Consult a licensed Delaware attorney before filing or signing a consent.
About this template
- Last updated
- November 6, 2026
- Citations checked
- November 6, 2026
- Jurisdiction
- Delaware
- Category
- Family Law
Legal authority
- 13 Del. C. § 903 (Persons eligible to petition to adopt)
- 13 Del. C. § 906 (Contents of petition for adoption)
- 13 Del. C. § 907 (Consent requirements; child age 14+; notarized written consent)
- 13 Del. C. § 908 (Right to consent — mother, birth father, presumed father)
- 13 Del. C. § 909 (Withdrawal of consent)
- 13 Del. C. § 912 (Social study and report)
- 13 Del. C. § 913(b) (stepparent petition filing after one year of residence, or six months on agency recommendation)
- 13 Del. C. § 915 (Decree of adoption)
- 13 Del. C. § 919 (General effect of adoption)
- 13 Del. C. § 922 (Birth certificate)
- 13 Del. C. § 1103 (Grounds for termination of parental rights — intentional/unintentional abandonment; failure to plan; unfitness)
- 13 Del. C. § 1106 (Procedure; execution of consent to TPR)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 6, 2026.
Delaware Family Court, Adoption Forms — Required Forms (checked November 6, 2026): "The Required Forms MUST be submitted in order for your filing to be accepted by the Court."
Delaware Family Court, Adoption Overview (checked November 6, 2026): "your spouse, who is the child’s parent, is the Petitioner in a Petition for TPR"
Delaware Family Court, Petition for Adoption (Form 150) (checked November 6, 2026): "I have attached the mandatory Affidavit of Expenses (Form 156)."
13 Del. C. § 903 (checked November 6, 2026): "Be over the age of 21 at the time of filing the petition"
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