Overview of Child Adoptions in the State of New Jersey

What is adoption?

The term “adoption” refers to the formal judicial process used to create a parent-child relationship that would not otherwise be recognized by law.

What are the different types of adoption available in the State of New Jersey?

In the State of New Jersey the following types of adoption are available: domestic, international, private, public, foster care, and stepparent.

What are the basic requirements for adopting in the State of New Jersey?

The child adoption statute permits “any person” to initiate an action for adoption, provided that the person is at least 18 years old and at least ten years older than the person to be adopted. See N.J.S. 9:3-43. However, the statute permits the court to waive either requirement for good cause.

Note: a married person, who wishes to adopt and is not “living separate and apart” from the person’s spouse or partner must obtain the partner’s consent or file a joint complaint. In addition to statutory qualifications, adoption agencies are charged with investigating prospective parents to ensure they have the capacity to meet the child’s physical and emotional needs.

What is the process for adopting a child in the State of New Jersey?

Adoptions in New Jersey are governed by the statutes found at N.J.S.A. 9:3-38 et seq.   Although the process varies according to the type of adoption, in general the following steps must take place before a court orders the child adoption:

1. Complaint. In the typical case, an action for the adoption of a child begins with the filing of a complaint with the county surrogate pursuant to R. 1:5-6 (b) (4). Although the Surrogate is responsible for reviewing and docketing the complaint, the action falls within the jurisdiction of the Superior Court, Family Part.
2. Notice. Pursuant to N.J.S. 9:3-45, the child’s parent must be served with notice of the adoption complaint and hearing, with limited exceptions.
3. Home-Study. Before adoption may be sought through a state-approved agency, the agency must conduct a home study to determine among other things, whether the adopting parents have the capacity to meet the child’s physical and emotional needs.
4. Home-Visits.
5. Social Workers’ Final Report After Home-Study.
6. Criminal Background Check and Fingerprint Screen.
7. Court Hearing. In an agency adoption, an adoption hearing typically must be set between ten and thirty days after the complaint’s filing date pursuant to N.J.S. 9:3-47(b). In comparison, two hearings generally are required for private placement adoptions: a preliminary hearing, which should be held within three months of the complaint, and a final hearing which should be held within nine months after the preliminary hearing.
8. Final Judgment. In a child adoption, the court is required to enter a judgment of adoption, if it is satisfied based upon the approved agency’s report and the evidence presented at the adoption hearing that the best interests of the child would be promoted by the adoption

What is the legal effect of adoption?

An adoption essentially terminates all rights, duties, privileges, and relationships between a child and his or her parents and/or any person who has become the child’s legal parent. In essence, the entry of a judgment of adoption does the following: (1) terminates all parental rights and responsibilities of the parent towards the adoptive child except for a parent who is the spouse of the petitioner and except those rights that have vested prior to entry of the judgment of adoption; (2) terminates all rights of inheritance under intestacy from or through the parent unless that parent is the spouse of the petitioner or that parent or other relative had died prior to the judgment of adoption; and (3) terminates all rights of inheritance under intestacy from or through the child which existed prior to the adoption.

Does the child get a new birth certificate?

Upon entry of adoption, the State Registrar must prepare a new birth certificate reflecting the adoption and the adopted person’s new name, if applicable. Upon the issuance of a new birth certificate, the Registrar must seal the child’s original birth certificate.

Who can I discuss my legal options with?

Our firm recognizes the personal, emotional, and complex legal nature of child adoption, and we are committed to working closely with our clients to help them achieve their goals with care and confidence. Please reach out to our FPSCT family law attorneys to schedule a consultation to discuss all legal options.