Delaware Adoption Process FAQ: What to Expect at Each Stage

Most families start their Delaware adoption search online and come away with fragments — a state statute here, an agency's PDF there, a Reddit thread from three years ago. What's missing is someone putting the pieces together into a coherent picture of what the process actually looks like, in sequence, from start to finish.

Here are the questions Delaware adoptive families ask most often, answered plainly.

Who is eligible to adopt in Delaware?

Any Delaware resident over 21 years of age can file a petition for adoption. Marital status is not required — single adults, married couples, and cohabiting unmarried partners (same-sex or opposite-sex) can all petition. You must be a Delaware resident, or a person with whom a licensed Delaware agency has placed a child.

Do I need to work with an agency, or can I do this independently?

Delaware does not permit "independent adoption" in the traditional sense. You cannot arrange a private adoption through an attorney alone without agency involvement. The law requires that a licensed child-placing agency or DFS conduct the home study and supervise the placement. However, you can pursue an "identified adoption" — where you find a birth parent situation on your own — and then engage a licensed agency to handle the formal process.

What is the home study, and how long does it take?

The home study is a mandatory evaluation of your fitness as an adoptive parent. It's conducted by a licensed Delaware agency (or DFS for foster-to-adopt families) and includes individual and couple interviews, a physical inspection of your home, a financial assessment, health records for all household members, and four personal references (at least three from non-relatives). Background checks — including Delaware State Police, FBI national fingerprints, DFS Child Protection Registry, and out-of-state registries — run as part of the process.

A Delaware home study takes 3 to 6 months to complete. The most common delay is background check processing time, especially FBI national fingerprint results, which can take 4 to 12 weeks. Once completed, the home study is valid for one year.

How long is the wait after the home study is approved?

This is the hardest question to answer because the wait depends entirely on which pathway you've chosen:

• Foster-to-adopt: Placement can happen within months of receiving your foster license — but the child may not be legally free for adoption for 12 to 24+ months while termination of parental rights proceedings play out.
• Domestic infant adoption through a private agency: The wait for a match with a birth mother ranges from a few weeks to several years. The average is somewhere in the 12-to-24-month range, but outliers exist in both directions.
• Stepparent/kinship adoption: No match wait — you already know the child.

What does "legal risk placement" mean?

A legal risk placement is a child placed in your home for foster-to-adopt before parental rights have been terminated. The child may eventually be adopted by you, or they may return to their biological family — it depends on how the court proceeding goes. DFS practices "concurrent planning," working toward reunification while simultaneously preparing an adoption plan. You'll know a placement is "legal risk" upfront. Some families are comfortable with this uncertainty; others find it very difficult emotionally.

When can I file the adoption petition with Family Court?

For agency and DFS placements: after the child has lived in your home for at least 6 months under agency supervision. For stepparent and kinship adoptions: after the child has resided in your home for at least 1 year. These waiting periods are non-negotiable — the court will not accept a petition filed prematurely.

What happens at the finalization hearing?

The finalization hearing is held at the Delaware Family Court (in the county where you live — New Castle, Kent, or Sussex). The judge reviews the case file to confirm all requirements are met: termination of parental rights, background clearances, supervision reports, and the Affidavit of Expenses (Form 156). If everything is in order, the judge signs the Final Order of Adoption.

Delaware finalization hearings tend to be brief and celebratory. Families are encouraged to bring cameras. The whole proceeding usually takes less than 30 minutes when the file is complete.

What happens to the birth certificate after finalization?

The Family Court Clerk notifies the Delaware Office of Vital Statistics (OVS). OVS seals the original birth certificate and issues a new amended birth certificate naming the adoptive parents and reflecting the child's new name (if a name change was requested in the petition). This process takes a few weeks after the hearing. You can order certified copies of the new birth certificate from OVS for approximately $25 each — get at least 4 to 5 copies.

Does the birth parent have to consent?

Yes, in most cases. Voluntary consent must be given in writing, notarized, and typically taken by a judge, agency representative, or authorized attorney. In Delaware, there is no mandatory waiting period before a birth parent can sign consent after the child's birth — it can be signed on the day of birth. However, the birth parent has 14 days to revoke consent after signing. After 14 days, the consent is generally irrevocable unless fraud or duress can be proven.

If a birth parent does not consent voluntarily, the court may terminate parental rights involuntarily under 13 Del. C. § 1103 — but this requires a separate TPR proceeding, which adds significant time.

If the child is 14 or older at the time of adoption, the child must also provide their own written consent (Form 159).

What are the disqualifying criminal offenses?

Delaware law imposes a lifetime ban on adoption for anyone with a felony conviction involving physical or sexual assault against a child, an impaired adult, or an elderly person. A 10-year prohibition applies to felony assault against an adult. A 7-year prohibition applies to misdemeanor crimes against children. All adult household members (18+) are subject to the full background check, not just the petitioning adults.

How much does it cost?

The cost varies significantly by pathway:

• Foster-to-adopt (DFS): $0 to $2,500 out of pocket. DFS covers home study costs; legal fees can be reimbursed up to $2,000 through non-recurring adoption assistance.
• Domestic infant (private agency): $20,000 to $45,000.
• International: $30,000 to $60,000+.

The Family Court filing fee is approximately $100 for DFS cases. The Federal Adoption Tax Credit is $17,280 for 2025 — applicable to most adoption types.

What are the most common reasons adoptions get delayed?

Based on the Delaware adoption landscape, the top delay factors are:

1. Background check backlogs — FBI national fingerprint results are the most frequent culprit in home study delays. Submit your fingerprint authorization immediately when the agency issues it.
2. ICPC (Interstate Compact) processing — if the birth child is born in another state, you cannot bring them to Delaware until both states approve. This can mean 2 to 4 weeks in the birth state at your own expense.
3. Contested TPR — if a biological parent challenges the termination of parental rights, the case may go to trial, adding 6 months to a year.
4. Incomplete Form 156 — the Affidavit of Expenses is commonly returned for correction. Keep detailed expense records from day one.
5. Home study expiration — if your home study lapses before placement, you'll need an update. Track the expiration date.

Where is the Family Court located?

Delaware has a Family Court in each of the state's three counties:

• New Castle County: Leonard L. Williams Justice Center, 500 North King Street, Wilmington
• Kent County: Dover
• Sussex County: Georgetown

You file in the county where you reside. The court has a Resource Center — often called the "Self-Help Center" — where court staff can assist with form completion, though they cannot provide legal advice. For complex cases, an adoption attorney is strongly recommended.

The Delaware Adoption Process Guide walks through the complete process in sequential order, with the specific forms, statutory citations, and filing instructions for Delaware Family Court — organized so you can move through each stage without having to piece it together from multiple state websites.

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