Delaware Adoption Filing Fees and Court Costs: The Complete Breakdown

A lot of people searching for Delaware adoption costs land on the court's Schedule of Assessed Costs and see a $100 filing fee. That number is accurate — for DFS-involved cases. But it's far from the whole picture.

Here's what you'll actually pay at the Family Court stage, and where the other costs come from across each adoption pathway.

Delaware Family Court Filing Fees

Adoptions in Delaware are finalized in the Family Court of the State of Delaware. The court has exclusive jurisdiction over all child adoption matters, and the filing fee structure depends on the type of case.

DFS-involved adoptions (children adopted out of state foster care): The filing fee is approximately $100. DFS frequently covers this directly for families adopting children from state custody, and non-recurring adoption expenses — including legal fees — can be reimbursed up to $2,000 through Delaware Adoption Assistance.

Private agency adoptions: Filing fees are similar to DFS cases, though the exact amount is set by the Family Court's current Schedule of Assessed Costs (effective as of February 2026). These costs are generally in the same range but are paid out of pocket since private adoption assistance is not available.

Stepparent and kinship adoptions: Court filing costs apply, and these cases tend to have lower overall legal fees since they are often less complex procedurally.

The court's fee schedule is public and updated periodically. Before filing, confirm the current amounts with the Clerk of Court in your county — New Castle (Wilmington), Kent (Dover), or Sussex (Georgetown).

What You Must File With the Court

The filing packet for a standard adoption finalization requires multiple forms, and some have associated costs beyond the filing fee itself:

• Form 150 — Petition for Adoption (no separate fee; included in filing)
• Form 156 — Affidavit of Expenses (a transparent accounting of all money spent on the adoption)
• Form 152 — Final Order of Adoption (prepared for the judge's signature)
• Certified birth certificate — original pre-adoption certificate; you'll need a certified copy from the issuing state, which typically costs $10–$25 depending on the state
• Home study and supervision reports — provided by the agency; their cost is part of the agency fee, not a court cost
• Form 346 — Custody Separate Statement
• Form 110A — Adoption Order of Reference
• Vital Statistics Data Sheet — no separate fee; this triggers issuance of the new birth certificate

After Finalization: Vital Statistics Costs

Once the judge signs the final decree, the Clerk of Court notifies the Delaware Division of Public Health, Office of Vital Statistics (OVS). OVS seals the original birth certificate and issues an amended one naming the adoptive parents.

The amended birth certificate fee is currently approximately $25 per certified copy. You'll want multiple certified copies — for Social Security, school enrollment, passport applications, and your own records. Budget for 3 to 5 copies at finalization.

Additional copies after the fact can be ordered from Vital Statistics later, though fees may adjust over time.

The Larger Cost Picture by Pathway

The court and vital statistics fees are the smallest part of what adopting in Delaware costs. Here's where the real expense comes from:

Foster-to-adopt through DFS

• Out-of-pocket cost: $0 to $2,500
• DFS covers the home study. Legal fees for finalization are reimbursable up to $2,000 through non-recurring adoption assistance.
• Many families completing DFS adoptions pay little to nothing in legal fees if they use the Family Court's self-help resources and a DFS-contracted attorney.

Domestic infant adoption through a private agency

• Total cost: $20,000 to $45,000
• Breakdown: Agency application fee ($100–$500) + home study ($1,500–$4,000) + birth parent counseling and living expenses (varies widely, up to $10,000+) + agency placement fee ($10,000–$25,000) + legal fees for finalization ($1,500–$5,000)
• Court filing fee is a small fraction of this total

International adoption

• Total cost: $30,000 to $60,000+
• Includes country-specific program fees, U.S. immigration filing fees (Form I-800A is currently $775), travel, and re-adoption or registration in Delaware Family Court

Identified adoption

• Total cost: $10,000 to $20,000 (lower than agency-arranged domestic infant because you eliminate the agency placement fee, but you still need a licensed Delaware agency to conduct the home study and supervise placement)

What Your Attorney Will Cost

Delaware adoption attorneys charge $250 to $613 per hour, with the average around $423/hour. Retainers for a standard uncontested finalization typically start at $1,500 to $3,000. A contested matter — where a birth parent challenges the termination of rights — can push legal fees significantly higher, sometimes to $10,000–$20,000 or more if the case goes to trial.

For DFS adoptions, the reimbursement cap of $2,000 for non-recurring legal expenses is worth keeping in mind when selecting an attorney. Ask prospective attorneys specifically about their flat-fee option for uncontested DFS finalizations.

The Federal Adoption Tax Credit

For 2025, the federal Adoption Tax Credit is $17,280 per child. This applies to qualified adoption expenses — including agency fees, court costs, attorney fees, and travel expenses. For DFS adoptions of special-needs children (which most Delaware foster care adoptions qualify as), the full credit amount is available regardless of your actual out-of-pocket expenses.

This credit doesn't arrive until you file taxes for the year of finalization (or the year after, for some international cases), so it doesn't reduce upfront costs. But it's a significant offset that many families underestimate.

Making Sense of the Numbers

The $100 court filing fee is a real cost, but it's the final step in a process where most of the financial weight falls earlier — in the home study phase, the agency relationship, and legal counsel. Understanding where each dollar goes, and which pathway aligns with your budget, is the decision point that matters most at the beginning of the process.

The Delaware Adoption Process Guide includes a side-by-side cost comparison for all Delaware pathways, along with the specific form list and a checklist of what to prepare before filing with Family Court.

See more United States guides →