Pro Se Adoption in Delaware Family Court: Forms, Process, and Pitfalls

Delaware Family Court allows self-represented (pro se) petitioners to file adoption cases. The court even operates a Resource Center at 500 North King Street in Wilmington — and at Kent and Sussex County locations — specifically to help people navigate the process without an attorney. What the Resource Center does not do is review your documents before you submit them, catch the errors that will get your packet returned, or tell you which forms apply to your specific situation. That part is on you.

Here is what pro se adoption in Delaware actually requires, form by form.

Which Adoptions Work Well Pro Se

Not all adoption types are equally suited to self-representation. The cases where pro se filers most often succeed:

Uncontested stepparent adoptions — The non-custodial parent voluntarily signs consent, there are no contested proceedings, and the child has lived with the petitioner for at least one year (the mandatory residency period under 13 Del. C. § 913).

DFS foster-to-adopt finalizations where the child is already legally free — Parental rights have been terminated, the six-month supervision period is complete, and the agency has provided its supervision report. DFS caseworkers often help foster families understand the filing process.

Cases that almost always need an attorney: contested termination of parental rights, international adoptions, and any situation where a putative father has registered with Delaware's Paternity Registry and may not consent.

The Delaware Adoption Filing Packet

The Delaware Family Court requires a specific packet of documents. These are available for download from the Delaware Courts website. The packet for DFS-involved adoptions differs slightly from private agency adoptions, but the core forms are:

Form 150 — Petition for Adoption This is the primary pleading. It identifies the petitioner(s), the child, and the legal basis for the adoption. All petitioners must sign and have the signatures notarized. Common errors: using the child's post-adoption name as if it is already legally changed (it is not until the decree is signed), and failing to include the correct DSCYF case number for DFS adoptions.

Form 156 — Affidavit of Expenses This form requires a complete accounting of all money paid in connection with the adoption — to the agency, to attorneys, to birth parents, and any other parties. It must be itemized. The form asks for amounts paid for medical care, living expenses, counseling, legal fees, and agency fees. Leaving lines blank when the answer is zero is different from leaving them blank because you forgot to fill them in — courts have sent packets back for the latter. Sign before a notary.

Form 152 — Final Order of Adoption This is the proposed decree — the document the judge will sign to finalize the adoption. It must include the child's current legal name, the adoptive parents' names, and the county in which you are filing. It is prepared in advance by the petitioner and submitted with the packet.

Form 346 — Custody Separate Statement Required by the Family Court for all cases involving children.

Form 110A — Adoption Order of Reference This initiates the court's referral process for the case.

Form 158 or 159 — Consent Forms Form 158 is the consent of a parent (biological parent relinquishing rights). Form 159 is the consent of the child — required if the child is 14 years of age or older. If the child is 14+, their written consent is mandatory under Delaware law, and the adoption cannot be finalized without it.

Certified Birth Certificate Must be certified — a photocopy is not accepted.

Home Study and Supervision Reports Provided by the licensed agency or DFS. You do not prepare these; the agency provides them directly or through you. Make sure the supervision report covers the full six-month (or one-year, for stepparent/kinship) period.

Vital Statistics Data Sheet Used by the Delaware Division of Public Health to issue the new birth certificate after finalization.

Filing Fee Approximately $100 for DFS cases. Private adoptions may have different fee schedules — check the current fee schedule on the Delaware Courts website, as it is updated periodically.

The Consent and Revocation Window

If you are relying on voluntary consent from a biological parent, understand the timing rules. In Delaware, a birth parent can sign consent at any time after the child's birth — there is no mandatory waiting period. However, once signed, the biological parent has 14 days to revoke consent in writing. After the 14-day window closes, consent is irrevocable unless the parent can prove it was obtained through fraud or duress.

The consent must be executed in writing and notarized. It is typically taken by a judge, an authorized agency representative, or a designated attorney. The Form 158 is the standard consent document.

Common Pro Se Errors That Cause Packets to Be Returned

Missing notarization. Multiple forms require notarization. Form 150 (Petition) and Form 156 (Affidavit of Expenses) must be signed before a notary. Pro se filers frequently miss this.

Form 156 not fully itemized. The affidavit asks for all money paid to all parties. Vague entries like "agency fees — $5,000" without itemization cause clerks to return the packet.

Wrong certified birth certificate. The court requires a certified copy from the issuing jurisdiction. A hospital-issued keepsake copy or a photocopy is not accepted.

Incorrect child name on forms. Use the child's current legal name throughout the petition. The new name becomes effective only when the decree is signed.

Missing supervision report period. The supervision report from the agency must cover the entire supervision period required by law. If the report only covers four of the six required months, the court will not finalize.

Filing and Scheduling the Hearing

File the complete packet at the Family Court clerk's office in the county where you reside: New Castle County (Wilmington), Kent County (Dover), or Sussex County (Georgetown). After the clerk accepts the filing, the court schedules the finalization hearing. Hearings are typically set 4 to 8 weeks from filing, depending on the judge's docket.

Delaware finalization hearings are short — usually 15 to 30 minutes — and are generally celebrated rather than adversarial. The judge reviews the file, confirms all requirements are met, and signs the decree. Bring the child and any family members you want present.

After the hearing, order certified copies of the Final Decree of Adoption (Form 152). You will need them for the amended birth certificate, Social Security card update, school enrollment, insurance changes, and any other legal updates.

Getting the Forms and Guidance

The Delaware Courts website (courts.delaware.gov) has the current adoption instruction packet and forms. The Family Court Resource Center provides procedural assistance in person. If you want the full walkthrough — including which forms to complete in which order, how to prepare the home study documents your agency needs to provide, and the specific steps from filing to hearing — the Delaware Adoption Process Guide organizes the entire process in a format you can bring to your court meetings.

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