Delaware Code
Subchapter I. Minors
§ 903. Persons eligible to petition to adopt.

To be eligible to petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child not his, hers, or theirs, 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.

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