Senator Dave Wilson Introduces Bill to Ease Cost of Adoptions for Relative Guardians

Senator Dave Wilson has introduced legislation designed to reduce the legal and financial barriers that often prevent relatives from adopting children in their care. Senate Substitute 1 for Senate Bill 79 (SB 79) would create a pathway to free legal counsel for qualifying guardians who seek to adopt a child formerly in state custody. While the bill includes upfront costs for implementation, Senator Wilson believes it will likely lead to long-term savings for the state. He adds that helping more families finalize adoptions can help reduce the number of children lingering in long-term foster care, which he says would lower the burden on our courts, caseworkers, and housing systems. The original SB 79 cleared the Senate Judiciary Committee in April. The substitute legislation now awaits consideration by the Senate Finance Committee.

Additional Information from the Delaware State Senate:

The legislation provides that beginning July 1, 2026, relatives who meet five specific conditions will be eligible for free legal counsel during the termination of parental rights and adoption process. To qualify, the petitioner must:

1. Be a relative of the child;
2. Have guardianship of the child;
3. Have obtained guardianship while the child was in the custody of the Department of Services for Children, Youth and Their Families (DSCYF);
4. Have filed the guardianship petition on or after July 1, 2026; and
5. Be found indigent by the Family Court.

If all conditions are met, the court will appoint an attorney to guide the petitioner through every stage of the process, including pre-filing preparation, the adoption hearing, and any appeals. The bill also requires the state to cover the cost of the mandatory social study and report, a significant financial component in any adoption case.

While the bill includes upfront costs for implementation, Senator Wilson believes it will likely lead to long-term savings for the state. “By helping more families finalize adoptions, we can reduce the number of children lingering in long-term foster care. That lowers the burden on our courts, caseworkers, and housing systems,” he explained.

The original SB 79 cleared the Senate Judiciary Committee in April. The substitute legislation now awaits consideration the Senate Finance Committee.