13 Del. C. § 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 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.