Delaware Adoption Guide

The First State may be small in size, but it has a robust and well-organized adoption system. Delaware adoption law is designed to protect all members of the triad while prioritizing the best interests of the child. This guide covers the essential laws and resources for anyone considering adoption in Delaware.

Delaware Adoption Laws at a Glance

Who Can Adopt?	Any person who is 18 years of age or older.
Residency Requirements	There is no specific length of residency required to file a petition in Delaware.
Marital Status	Single adults and married couples may adopt. Delaware supports LGBTQ+ adoption.
Birth Mother Consent	Consent can be signed at any time after the birth of the child.
Revocation Period	Once signed, consent is irrevocable unless fraud or duress is proven.
Birth Father Rights	Delaware has a paternity registry. An unmarried father should register to ensure he is notified of any adoption proceedings.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified Delaware adoption attorney for legal advice.

Paths to Adopting a Child in Delaware

Private Infant Adoption

This path involves adopting a newborn through a private licensed agency. Delaware requires all private adoptions to be facilitated by a licensed agency rather than an attorney alone.

Adopting from Foster Care

This involves adopting a child who is in the custody of the state. Delaware places a high priority on finding permanent homes for older children and sibling groups in the foster care system.

Stepparent or Relative Adoption

Delaware law provides a clear legal process for stepparents and relatives to adopt children in their care. This often involves a slightly modified home study process.

A Deeper Look at Delaware Adoption Laws

Who is Eligible to Adopt in Delaware?

Delaware is inclusive in its eligibility requirements. The primary focus of the court is the safety and stability of the home. Prospective parents must complete a comprehensive home study to demonstrate their readiness.

Birth Parent Consent in Delaware

Because consent is irrevocable upon signing in Delaware, there is a strong emphasis on counseling. Birth parents are encouraged to take their time after delivery before signing, although the law allows them to do so as soon as they feel ready.

The Home Study Process in Delaware

The home study includes state and federal background checks, personal references, and interviews with a social worker. The goal is to ensure the family is emotionally and financially prepared to support a child’s growth and development.

Find Delaware Adoption Agencies and Professionals

Statewide and National Agencies Serving Delaware

• Adoptions From The Heart: A licensed agency serving Delaware families with domestic infant adoption services.
• The Gladney Center for Adoption: A national agency providing home study and placement support for Delaware residents.

Wilmington and Dover Area Agencies

• Children & Families First: Based in Wilmington, offering foster care adoption services and family support.
• Catholic Charities (Delaware): Provides adoption services and support for expectant parents across the state.

Delaware Adoption Attorneys

For legal help, visit the American Academy of Adoption & Assisted Reproduction Attorneys (AAAA) directory for Delaware.

Adopting from Foster Care in Delaware

The Delaware Department of Services for Children, Youth, and Their Families (DSCYF) oversees foster care and adoption. There are consistently children in Delaware waiting for a forever family. The state offers various support programs, including post-adoption counseling and financial assistance.

Resources for Expectant Parents in Delaware

Expectant parents in Delaware have the right to a confidential adoption process and the ability to choose the adoptive family. You are entitled to unbiased counseling to help you understand all your options. Delaware law allows for the adoptive family to pay for certain pregnancy-related expenses.