Adult Adoption in New Jersey – What You Need to Know

Overview of Adult Adoption Statute

In the State of New Jersey, individuals aged 18 or older can be adopted under N.J.S. 2A:22-1 and N.J.S. 2A:2A:22-2. This enables a person to establish a formal parent-child relationship with someone who is not their biological parent, often for reasons related to inheritance, caregiving, or strengthening of emotional bonds. The statute indicates that four basic requirements must be met before an adult adoption is granted by the court:

1. the adoption must be “to the advantage and benefit” of the adult to be adopted;
2. the adoptive parents must be of “good moral character” and “reputable standing” in their community;
3. the adoptive parents must be at least ten (10) years older than the person to be adopted; and,
4. the adopted adult must request the adoption, and if desired, a change of name acknowledged in writing.

However, if the court finds that the best interests of the person to be adopted would be promoted by adoption, the last two (2) requirements may be waived.

Legal Process:

First, a Complaint will need to be filed with the county surrogate pursuant to court rules. If the person filing the Complaint is married, they must file a joint Complaint or obtain the consent of their spouse/ partner. Along with the Complaint, the adult adoptee will need to submit a list of their assets including all real property, vehicle(s), retirement accounts, bank accounts, and personal property. The adult adoptee will also need to submit a signed and notarized Certification consenting to the adoption, and the plaintiff will need to submit a signed and notarized Affidavit of Verification and Non-Conclusion. A Report of Adoption changing the birth certificate to reflect the parent change and an Affidavit of Indian Tribe will also need to be completed and filed with the county surrogate.

Once all of the above-mentioned documents are filed with the county surrogate, the court will enter an order fixing a date for the hearing of the complaint. Rule 5:11 specifically states that “the court may hear the case upon the oral testimony of the parties to the action and other persons as the court deems necessary.” If the court is satisfied that the adopting parent is of good moral character and reputable standing and the adoption is to the advantage and benefit of the adult, after hearing the testimony of all parties, the judgment of adoption must be granted.

Legal Effect of Adult Adoption

The adult adoption statute, like the child adoption statute, purports to establish the same rights, privileges, and obligations between the parties including the right to take and inherit intestate personal and real property from and through each other, as if the adopted adult had been born to the adopted parents. However, the actual effect on the relationship between the child and his or her natural and adoptive parents and siblings differs significantly from that of child adoption. Unlike child adoption which terminates all rights and obligations between the child and the child’s natural or former adoptive parents, persons adopted as an adult will retain the right to inherit intestate from these persons.

Conclusion

Our law firm has successfully handled adult adoption cases, while providing compassionate and expert legal guidance throughout the process. We understand the unique emotional and legal aspects involved in adult adoption and aim to work closely with our clients to ensure their goals are met. Whether you are seeking to formalize a lifelong relationship or establish legal rights and responsibilities, we are here to help you navigate the complexities with confidence and care.

Please reach out to our family law attorneys to schedule a consultation to discuss all legal options.