(a) A petition for adoption may be filed when the requirements of § 904 of this title have been met, the child is legally free for adoption, and the adoptive placement of the child has been supervised for a period of 6 months by the Department or licensed agency.

Terms Used In Delaware Code Title 13 Sec. 913

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) In the case of a child to be adopted by a stepparent, guardian, permanent guardian or a blood relative, the petition for adoption shall be filed only after the child has resided in the home of the petitioner for at least 1 year; except that, on recommendation of the Department or licensed agency, a petition may be filed after 6 month‘s continuous residence of the child in the petitioner’s home. In the case of adoption by a stepparent, guardian, permanent guardian or blood relative, it is not necessary that the child be legally free prior to the filing of the petition.

Code 1935, § ?3551G; 48 Del. Laws, c. 134, § ?3; 13 Del. C. 1953, § ?913; 51 Del. Laws, c. 143, § ?3; 59 Del. Laws, c. 466, § ?8; 60 Del. Laws, c. 241, § ?5; 64 Del. Laws, c. 108, § ?10; 68 Del. Laws, c. 259, § ?1; 73 Del. Laws, c. 171, § ?2; 77 Del. Laws, c. 32, § ?2;