Persons eligible to petition to adopt.
Del. Code tit. 13, § 903
in effectTo be eligible to petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child not such petitioner’s or petitioners’, the petitioner or petitioners must satisfy the three following requirements:
(1) Either be:
a. A resident of Delaware at the time of filing the petition; or
b. A person with whom a child has been placed for adoption under § 904 of this title; and
(2) Either be:
a. An unmarried person petitioning individually;
b. A divorced or legally separated person petitioning individually;
c. A married couple petitioning jointly, provided they are not legally separated or living apart from each other; or
d. A nonmarried couple petitioning jointly, provided that they are cohabiting, as that term is defined in § 1512(g) of this title; and
(3) Be over the age of 21 at the time of filing the petition
Nothing herein shall affect the right of any person to adopt a person who has reached age 18 as provided in subchapter II of this chapter.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c009/sc01/index.htmlFetched: 10/4/2026