Morris County Birth & Adoptive Parental Rights Lawyers
New Jersey adoption laws are designed specifically to protect birth parents’ child custody rights throughout the adoption process.
If you are considering adoption as an option as either a birth or adoptive parent, it is very important to understand the rights of the biological parent(s) and the adoption process.
At Townsend, Tomaio & Newmark, L.L.C., with offices in Morristown, NJ, our child custody and adoption attorneys have the expertise you need regarding every step of the child custody and adoption process in New Jersey.
Morristown Birth parents and Adoptive Parents: Know your parental custody rights –and each other’s!
We have aided numerous clients with diverse circumstances. Unlike an adoption agency, or even your friends and family, your attorney is a neutral adviser whose only interest is to look out for your best interests.
To speak with an accomplished and experienced adoption attorney to guide you as you make these life-altering decisions, contact the law firm of Townsend, Tomaio and Newmark in Morristown and Hackensack and serving all of Morris and Bergen Counties.
Contact us and meet your family lawyer today at 973-840-8970.
Your Morristown private adoption can be either “direct” or “independent”
Whether its direct or independent depends on how the birth and adoptive parents find one another. Either way it is essential to work with an approved private agency and experienced attorney.
Direct adoption in Morristown, Chester, Chatham, Mendham, Harding and Morris Township
A direct adoption is when the birth mother (and birth father if he is involved in the adoption plan) relinquishes the child directly to the prospective adoptive parents. An adoption agency has the responsibility to conduct the standard adoption home study (required by law) which evaluates a number of aspects to determine the adoptive parents’ fitness to parent. Agency adoption laws apply provided that the agency has met its counseling obligations and that the birth mother (and father) legally transfer parental rights to the agency after identification.
Independent adoption in northern New Jersey
When the adoptive parents locate the birth parents independently, it is sometimes referred to as “private placement adoption”, “independent adoption”, or “direct domestic adoption”. As in a direct adoption, the birth parents will surrender their parental rights, a home study will be conducted and the child will be placed with the adoptive parents selected by the birth parents.
Under New Jersey law, an approved adoption agency coordinates and secures the legal waiver of parental rights by the biological parents. Consent to adoption is only valid if signed at least 3-5 days following birth.
Transfer of parental rights for adoption
Once the birth parents (or other guardian) surrender consent to an adoption, it is very challenging to reverse or change this decision. There are very limited circumstances that might lead to a possible reversal of parental consent to adoption. It usually only happens in cases involving coercion or fraud, improper adoption proceedings such as an irregular consent, or if a court determines that it is in the best interests of the child.
Adoption agencies have the very critically important responsibility to counsel the birth mother (and participating biological father) about her/his rights and the services that may be available to parents and the newborn. New Jersey recognizes the importance of counseling. The law requires that all birth parents be offered counseling. This ensures that the biological parents understand that they have other options in addition to the option of placing the child for adoption. For an adoption to be legal, it must be assured that birth parents were counseled appropriately and able to properly evaluate whether adoption is the right choice for them.
Birth and adoptive parents: Consult with an experienced family law adoption attorney early in the process
Be informed, get the expert legal assistance you’re counting on. The right adoption attorney at Townsend, Tomaio and Newmark is extremely important for all aspects of managing an adoption.
Protecting your parenting rights in Morristown, Chester, Chatham, Mendham, Harding, Morris Township and Bergen County
The family law lawyers at Townsend, Tomaio and Newmark, with offices in Morristown and Hackensack, Ridgewood, Pramus, Teaneck and Fort Lee will guide you through the practical and legal issues involved in an adoption. An experienced adoption attorney will also ensure that all parties receive the qualified representation and counseling services that lead to safe adoptions.
Contact us online or by ‘phone at 973-840-8970 to schedule an appointment for a free consultation and decide next steps.