How to Adopt a Child in Delaware: Step-by-Step Process

Most families starting the adoption process in Delaware hit the same wall: the state's official websites give you forms and regulations but not a coherent picture of how the pieces connect. The Family Court website has the filing instructions. The DFS website has the foster care licensing information. The OCCL website has the agency list. None of them tells you how to go from "we want to adopt" to "the judge signed the order."

This is that picture.

Step 1: Choose Your Pathway

Delaware recognizes several distinct adoption pathways, and your first decision is which one fits your situation. The three main domestic options are:

Foster-to-adopt through DFS: You become a licensed Delaware foster parent and are matched with a child whose case is moving toward adoption. This is the most affordable pathway (typically $0 to $2,500 out-of-pocket) and serves children in state custody who cannot be reunified with their birth families. Expect a 2–4 year total timeline.

Domestic infant adoption through a licensed private agency: You work with a licensed Delaware agency to be matched with a birth parent who chooses adoption. This is the fastest path to a newborn placement but also the most expensive ($20,000 to $45,000). Match wait times vary from a few months to several years.

Stepparent or kinship adoption: If you are a stepparent or relative who already has the child in your home, you are likely eligible for a more streamlined process through the Family Court. The cost is significantly lower and the court often waives some standard requirements.

Your pathway determines which agency (if any) you need, what the home study looks like, how much it costs, and how long it takes. Choosing the wrong pathway and starting over is one of the most common and expensive mistakes families make.

Step 2: Confirm Your Eligibility

Under 13 Del. C. § 903, to file for adoption in Delaware you must:

• Be over 21 years of age
• Be a Delaware resident, OR have a child placed with you by a licensed Delaware agency

Delaware does not require you to be married. Unmarried individuals, married couples, and cohabiting couples (same or opposite sex) may all petition to adopt.

There are no minimum income requirements written into the statute, but the home study includes a financial assessment. You must demonstrate that you can financially support a child.

Step 3: Choose and Apply to an Agency

Delaware prohibits independent adoption arranged solely by an attorney without agency involvement. Even in "identified adoptions" — where birth parents and adoptive parents find each other independently — a licensed agency must conduct the home study and supervise the placement.

Delaware has fewer than a dozen primary licensed agencies. Key ones:

• Children & Families First — foster care adoption, medical fragility, trauma-specialized
• Adoptions from the Heart — domestic infant, open adoption
• Bethany Christian Services — domestic infant, foster care, stepparent support
• Children's Choice — Christian-based, international and foster care
• Madison Adoption Associates — Hague-accredited, international adoption only

Verify any agency's current license with the Office of Child Care Licensing (OCCL) before paying an application fee. Ask specifically how many Delaware finalizations they completed in the last 12 months.

Step 4: Complete the Home Study

The home study is a mandatory investigation of your household's fitness and readiness. In Delaware, it must be conducted by a licensed child-placing agency or DFS — not an independent social worker.

The process typically requires at least three meetings with an agency social worker, including at least one in-home visit with all household members present. You will also need to gather:

• Birth certificates for all household members
• Marriage license and divorce decrees (if applicable)
• Last two years of tax returns and recent pay stubs
• Medical clearance forms for all adults in the household
• Proof of homeowner's or renter's insurance and auto insurance
• Four personal references (at least three non-relatives)
• Pet vaccination records (if applicable)

Background checks are separate from the reference process and are conducted in parallel. All adults 18 and older in the household must submit to:

• Delaware State Police criminal history (fingerprint-based)
• FBI national fingerprint check
• DFS Child Protection Registry search
• Out-of-state registry checks for any state where the applicant has lived in the past five years

Background check processing — particularly FBI checks — is the most common source of delay. Start the fingerprinting appointment as early as possible in the process.

A completed Delaware home study is valid for one year. If placement has not occurred within one year, you need an updated addendum.

Home study timeline: 3 to 6 months from starting documentation to receiving the completed report.

Step 5: Wait for Placement or Be Matched

Once your home study is approved, you wait for a match or placement. The timeline here varies more than any other stage:

• Foster-to-adopt through DFS: Placement can happen quickly for families open to older children or sibling groups. For families seeking only young children, wait times can exceed 12 months.
• Domestic infant: Wait times range from a few months to 2+ years depending on your agency, your profile, and your flexibility on birth parent circumstances.

Use this period to complete any required pre-placement training, prepare your home, and stay current on your home study (update it before it expires if needed).

Step 6: Placement and Supervision Period

When a child is placed with you, the clock starts on the required supervision period. Under 13 Del. C. § 913:

• For agency or DFS placements: the child must be supervised in your home for at least six months before you can file the adoption petition
• For stepparent or kinship placements: the child must have resided with you for at least one year before filing

During this period, the agency or DFS worker will conduct periodic home visits and document the placement. Keep all records from these visits — they are part of the adoption petition file.

Ensure the child is legally free before you file. If the birth parents' rights have not yet been terminated, you must wait until TPR is final and the appeal period has passed.

Step 7: File the Adoption Petition

After the supervision period, file in the Delaware Family Court in the county where you reside:

New Castle County: Leonard L. Williams Justice Center, 500 North King Street, Wilmington Kent County: 400 Court Street, Dover Sussex County: 22 The Circle, Georgetown

Required forms (available on the Delaware Courts website):

• Form 150: Petition for Adoption
• Form 156: Affidavit of Expenses
• Form 152: Final Order of Adoption (prepared for the judge to sign)
• Form 110A: Adoption Order of Reference
• Form 346: Custody Separate Statement
• Form 158: Consent (birth parent) or documentation of TPR
• Form 159: Child's consent (if child is 14 or older)
• Vital Statistics Data Sheet
• Child's original certified birth certificate
• Home study and supervision reports from the agency

Filing fees: approximately $100 to $165 depending on county and case type.

Step 8: Finalization Hearing

After the petition is filed and reviewed, the court schedules a finalization hearing. For uncontested cases, hearings are typically scheduled within one to three months of filing.

The hearing is before a Family Court judge. The judge reviews the file to confirm all statutory requirements have been met — TPR, background checks, supervision reports, ICPC compliance if applicable. Delaware finalization hearings are often celebratory. Bring your family, bring a camera, and plan to take a photo with the judge.

Once the judge signs the Final Order, the adoption is complete.

Step 9: Post-Finalization Steps

After finalization, complete the following within 30 to 60 days:

• Order certified copies of the Final Order of Adoption (Form 152) — you will need multiple copies
• Apply to the Delaware Office of Vital Statistics for the new birth certificate (fee: $25)
• Apply for a new Social Security card with the child's updated name if applicable
• Update your will, life insurance, employer benefits, and financial accounts
• Apply for the Federal Adoption Tax Credit ($17,280 for 2025) on your next tax return
• Notify the child's school and medical providers of the legal change in status

The Delaware Adoption Process Guide provides the complete document checklists, form references, and pathway-specific cost breakdowns in a printable format — organized in the order you'll actually need them, from agency orientation through post-finalization paperwork.

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