Delaware § 903 Persons eligible to petition to adopt

Delaware Statutes

§ 903 — Persons eligible to petition to adopt

Delaware § 903

Title13

Ch. 9ADOPTION

Subch.Minors

This text of Delaware § 903 (Persons eligible to petition to adopt) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 903 (2026).

Text

To 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)B

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To 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.

Legislative History

Code 1935, § 3551; 41 Del. Laws, c. 187, § 1 ; 48 Del. Laws, c. 134, § 2 ; 13 Del. C. 1953, § 903; 49 Del. Laws, c. 385 ; 57 Del. Laws, c. 402, § 2 ; 59 Del. Laws, c. 466, § 3 ; 62 Del. Laws, c. 402, § 1 ; 68 Del. Laws, c. 259, § 1 ; 70 Del. Laws, c. 186, § 1 ; 82 Del. Laws, c. 171, § 1 ; 84 Del. Laws, c. 42, § 1