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. (1) Either be:

   1. a. A resident of Delaware at the time of filing the petition; or
   2. b. A person with whom a child has been placed for adoption under § 904 of this title; and

2. (2) Either be:

   1. a. An unmarried person petitioning individually;
   2. b. A divorced or legally separated person petitioning individually;
   3. c. A married couple petitioning jointly, provided they are not legally separated or living apart from each other; or
   4. d. A nonmarried couple petitioning jointly, provided that they are cohabiting, as that term is defined in § 1512(g) of this title; and
3. (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.

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