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.
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;