Stepparent Adoption Petition Packet

DELAWARE STEPPARENT ADOPTION — PETITION AND DECREE FILING PACKET

PART 1 — PRE-PETITION ELIGIBILITY AND CONSENT CHECKLIST

Adopting Stepparent (Petitioner): [________________________________]
Spouse (Custodial Birth Parent): [________________________________]
Date of Marriage: [__/__/____]
Child to be Adopted: [________________________________]
Child's Date of Birth: [__/__/____]
County of Filing (New Castle / Kent / Sussex): [________________________________]

Eligibility Checklist (13 Del. C. § 903)

☐ Petitioner is married to a parent of the child (stepparent adoption).
☐ Petitioner is an adult and resides with the spouse and the child.
☐ The child has resided with the petitioner and the custodial birth parent.
☐ This is a stepparent/blood-relative adoption — the Department/licensed-agency placement and pre-placement requirements do not apply.

Consent Checklist (13 Del. C. §§ 907, 908)

☐ Consent of the custodial birth parent (spouse of petitioner) — 13 Del. C. § 908.
☐ Consent of the birth father and any presumed father of the child — 13 Del. C. § 908 — OR termination of that parent's rights under 13 Del. C. § 1103 (see Part 5).
☐ Written consent of the child, if the child is age 14 or older, unless the court finds it in the child's best interests to waive consent (13 Del. C. § 907).
☐ Each consent is in writing, notarized, and attached to the petition as an exhibit (13 Del. C. § 907).

Grounds to Terminate Parental Rights / Dispense with Consent (13 Del. C. § 1103)

If the non-custodial parent will not consent, the court may terminate parental rights when it is in the child's best interest and one or more grounds exist (check any that apply):
☐ Intentional abandonment — § 1103(a)(2) (child at least 6 months old; for at least 6 consecutive months of the 12 months preceding filing, the respondent failed to communicate or visit regularly and failed to manifest ability/willingness to assume custody).
☐ Unintentional abandonment — § 1103(a)(3) (for at least 12 consecutive months of the 18 months preceding filing, failed to communicate/visit regularly, failed to pursue paternity/visitation, and failed to manifest ability/willingness to assume custody — including the stepparent-adoption ground that the respondent is not able or willing to promptly establish and maintain contact and pay reasonable support, § 1103(a)(3)b.2).
☐ The parent is unable to discharge parental duties due to mental incompetence.
☐ The parent is unable or has failed to plan adequately for the child's needs.
☐ The parent has subjected a child to torture, chronic/sexual/life-threatening abuse, or a felony harming a child.

Social Study / Home Study (13 Del. C. § 912)

A § 912 social study and report is required, but the Family Court routinely limits or modifies it for stepparent adoptions.
☐ Petitioner requests that the § 912 social study be waived or limited because the petitioner is the spouse of the custodial parent.
☐ Petitioner consents to a social study by the Department / licensed agency designated by the court.

PART 2 — PETITION FOR ADOPTION

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

File No.: [____________________]
PETITION FOR ADOPTION (STEPPARENT)
(13 Del. C. §§ 903, 906)

Petitioner alleges:

1. Petitioner. Petitioner [STEPPARENT NAME] is an adult residing at [________________________________], [________________________________] County, Delaware, and is married to [SPOUSE/BIRTH PARENT NAME], a birth parent of the adoptee. The marriage was solemnized on [__/__/____] and remains in full force.

2. Adoptee. The child to be adopted is [CHILD'S NAME], born [__/__/____] at [CITY, STATE/COUNTRY]. A certified copy of the birth certificate is attached as Exhibit B.

3. Residence and Custody. The child has resided continuously with Petitioner and the custodial birth parent at the above address since [__/__/____].

4. Custodial Birth Parent. [SPOUSE/BIRTH PARENT NAME] is the custodial birth parent, consents to this adoption, and will remain the child's legal parent (Part 3).

5. Other Birth/Presumed Parent. The other birth/presumed parent is:
   Name: [________________________________]
   Last Known Address: [________________________________]
   Relationship to Adoptee: [________________________________]

6. Consent or Termination of Rights. Consent of the other birth/presumed parent ☐ HAS BEEN obtained, in writing and notarized (Exhibit D) ☐ Will be addressed by termination of parental rights under 13 Del. C. § 1103 (see Part 5).

7. Consent of Child. The adoptee ☐ is under age 14 (consent not required) ☐ is age 14 or older and consents in writing (Exhibit E, 13 Del. C. § 907) ☐ is age 14 or older and the court is requested to waive consent in the child's best interest.

8. Best Interest. Adoption by the stepparent is in the best interest of the child. Petitioner intends to assume full parental rights and responsibilities, including support, custody, and inheritance.

WHEREFORE, Petitioner prays for an order:
(a) Granting the adoption of [CHILD'S NAME] by [STEPPARENT NAME] (13 Del. C. § 915);
(b) Terminating the parental rights of [OTHER BIRTH PARENT NAME] (if not previously terminated) under 13 Del. C. § 1103;
(c) Establishing the legal parent-child relationship between the adoptee and Petitioner (13 Del. C. § 919);
(d) Changing the child's name to [________________________________] (if requested);
(e) Directing issuance of an amended Delaware birth certificate (13 Del. C. § 922);
(f) For such other relief as the court deems just.

Dated: [__/__/____] Signed: [________________________________] Petitioner / Adopting Stepparent

VERIFICATION: I declare under penalty of perjury under the laws of the State of Delaware that the foregoing is true and correct. Executed at [CITY], Delaware, on [__/__/____].

Signed: [________________________________]

PART 3 — CONSENT OF CUSTODIAL BIRTH PARENT (13 Del. C. §§ 907, 908)

I, [________________________________], am the birth parent of [CHILD'S NAME], born [__/__/____]. I am married to [STEPPARENT NAME]. I freely and voluntarily consent to the adoption of my child by my spouse. I understand my own parental rights are NOT terminated by this adoption and that I will continue as a legal parent of the child.

Dated: [__/__/____] Signed: [________________________________]

State of [____________________], County of [____________________]
Subscribed, sworn, and notarized before me on [__/__/____] by [________________________________].
Notary Public: [________________________________] My commission expires: [__/__/____]

PART 4 — CONSENT OF OTHER BIRTH/PRESUMED PARENT (13 Del. C. §§ 907, 1106)

I, [________________________________], am the birth/presumed parent of [CHILD'S NAME], born [__/__/____]. I freely and voluntarily consent to the termination of my parental rights and to the adoption of my child by [STEPPARENT NAME]. I understand and acknowledge:

☐ My parental rights and responsibilities will be permanently terminated upon entry of the decree (13 Del. C. §§ 1103(a)(1), 919).
☐ I will no longer be entitled to custody, visitation, or notice of future proceedings.
☐ I may withdraw this consent only by filing a petition to revoke within 60 days of the filing of the adoption petition containing the consent (13 Del. C. § 909).
☐ This consent is in writing and notarized as required by 13 Del. C. § 907.
☐ I have been advised of my right to consult independent counsel.

Dated: [__/__/____] Signed: [________________________________]

State of [____________________], County of [____________________]
Subscribed, sworn, and notarized (or signed in the presence of a judge / authorized officer per 13 Del. C. § 907) on [__/__/____].
Notary / Judge / Authorized Officer: [________________________________]

PART 5 — PETITION FOR TERMINATION OF PARENTAL RIGHTS (13 Del. C. § 1103)

(Use this part if the other birth/presumed parent does not consent.)

Petitioner alleges that termination of the parental rights of [OTHER BIRTH PARENT NAME] is in the child's best interest and that one or more of the following grounds exists (check and state facts):

☐ Intentional abandonment — § 1103(a)(2)b. The child is at least 6 months old, and for at least 6 consecutive months of the 12 months preceding the filing the respondent failed to communicate or visit regularly with the child and failed to manifest an ability and willingness to assume legal and physical custody. Facts:
[____________________________________________________________]

☐ Unintentional abandonment — § 1103(a)(3). For at least 12 consecutive months of the 18 months preceding the filing the respondent failed to communicate/visit regularly, failed to pursue paternity or visitation, and failed to manifest ability/willingness to assume custody; AND the child is in the custody of the other parent and the stepparent (prospective adoptive parent), and the respondent is not able or willing to promptly establish and maintain contact with the child and pay reasonable support (§ 1103(a)(3)b.2). Facts:
[____________________________________________________________]

☐ Failure to plan / other ground — § 1103(a). [________________________________]

WHEREFORE, Petitioner prays for an order terminating the parental rights of [OTHER BIRTH PARENT NAME] under 13 Del. C. § 1103 so that the adoption may proceed.

Dated: [__/__/____] Signed: [________________________________]

PART 6 — CONSENT OF CHILD (13 Del. C. § 907)

(Required if the child is 14 years of age or older, unless waived by the court in the child's best interests.)

I, [CHILD'S NAME], born [__/__/____], am the proposed adoptee and am [____] years of age. I have read this petition and I freely and voluntarily consent to my adoption by [STEPPARENT NAME].

I understand that after the adoption:
☐ [STEPPARENT NAME] will be my legal parent with all rights and responsibilities of a parent.
☐ My other birth/presumed parent ([________________________________]) will no longer be my legal parent.
☐ My name ☐ will remain ☐ will change to [________________________________].

Dated: [__/__/____] Signed: [________________________________]

State of [____________________], County of [____________________]
Acknowledged/notarized before me on [__/__/____].
Notary / Authorized Officer: [________________________________]

PART 7 — REQUEST CONCERNING SOCIAL STUDY / HOME STUDY (13 Del. C. § 912)

Petitioner acknowledges that a § 912 social study and report may be required. In a stepparent adoption the Family Court routinely limits or waives the study. Petitioner requests (check one):

☐ That the court waive or limit the § 912 social study because the petitioner is the spouse of the custodial birth parent.
☐ That the social study be conducted by the Department of Services for Children, Youth and Their Families / a licensed agency designated by the court, with Petitioner cooperating in all interviews and records requests.

Dated: [__/__/____] Signed: [________________________________]

PART 8 — DECREE OF ADOPTION (Proposed) (13 Del. C. § 915)

IN THE FAMILY COURT OF THE STATE OF DELAWARE IN AND FOR [________________________________] COUNTY

File No.: [____________________]
DECREE OF ADOPTION

The petition for adoption having come on for hearing on [__/__/____] before the Honorable [________________________________]; the court having reviewed the consents (or order terminating parental rights), the § 912 social study (if ordered), and all evidence;

THE COURT FINDS:

1. The court has jurisdiction over the parties and subject matter (13 Del. C. § 902).
2. All required consents have been obtained and duly executed, or the parental rights of [OTHER BIRTH PARENT NAME] have been terminated under 13 Del. C. § 1103.
3. The adoption is in the best interest of the child.
4. The petitioner is a fit and proper person to adopt the child.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. The petition is GRANTED.
2. From this date forward, [CHILD'S NAME] is for all purposes the legal child of [STEPPARENT NAME] under 13 Del. C. § 919.
3. The parental rights and duties of [OTHER BIRTH PARENT NAME] are TERMINATED (if not previously terminated).
4. The child's name is changed to [________________________________] (if requested).
5. The clerk shall transmit the required report to the Office of Vital Statistics for issuance of an amended birth certificate (13 Del. C. § 922).

Dated: [__/__/____] _____________________________________
Judge, Family Court of the State of Delaware

PART 9 — AMENDED BIRTH CERTIFICATE REQUEST (13 Del. C. § 922)

Upon entry of the Decree, Petitioner requests issuance of an amended Delaware birth certificate listing:

Adoptee's New Legal Name: [________________________________]
Parent #1: [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
Parent #2 (Adopting Stepparent): [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
City/County of Birth (as on original): [________________________________]

The clerk is requested to transmit the report of adoption and the applicable fee to the Delaware Office of Vital Statistics, Division of Public Health.

Dated: [__/__/____] Signed: [________________________________]

PART 10 — EXHIBIT INDEX

SOURCES AND REFERENCES

• Delaware Code Title 13, Chapter 9 (Adoption): https://delcode.delaware.gov/title13/c009/index.html
• Delaware Code Title 13, Chapter 11 (Termination and Transfer of Parental Rights): https://delcode.delaware.gov/title13/c011/index.html
• 13 Del. C. § 1103 (Grounds for termination of parental rights): https://law.justia.com/codes/delaware/title-13/chapter-11/section-1103/
• Delaware Family Court — Adoption: https://courts.delaware.gov/family/
• Child Welfare Information Gateway — Consent to Adoption (Delaware)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Stepparent adoption permanently terminates the legal rights of a biological parent. Consult a licensed Delaware attorney before filing.