Reviewed by Laurie L. Newmark, ESQ.
Key Takeaways
- New Jersey adoption is governed by the State Adoption Law, N.J.S.A. 9:3-37 and following, and the court process depends on the type.
- Types include agency, private, stepparent, domestic, international, and adult adoption.
- Not every adoption runs through CP&P; that path applies mainly to foster and public-agency adoptions. Most families complete a home study before a final judgment of adoption.
The adoption process in New Jersey can be a joyous but also stressful time for many families. This process is governed by the State Adoption Law (N.J.S.A. 9:3-37). There are several different types of adoption, including agency, private, stepparent, and international adoptions. The court process will ultimately depend on the type of adoption sought. Typically, adoptive parents must undergo a home study and background check, while receiving or terminating the birth parent’s consent. Adoption is only finalized once the adoptive parents receive a final judgment of adoption from the Superior Court, becoming the child’s legal parents. Continue reading to learn more and reach out to one of our dedicated Morris County, NJ adoption lawyers to get started on this journey.
What are the different kinds of adoption in New Jersey?
There are a number of different options when it comes to adoption. If you are interested in learning more, continue reading to see which might be the best fit for you:
- Agency adoption: The child is placed with a family through a public or private adoption agency approved by the New Jersey Department of Children and Families. Public agency adoptions often involve children in the foster care system whose birth parents’ rights have already been terminated.
- Private (independent) adoption: The birth parents will place the child directly with the adoptive parents, without an agency assuming custody. It is critical to understand that New Jersey law prohibits paying an intermediary agency to locate a birth parent.
- Stepparent adoption: A spouse adopts their spouse’s child. Because New Jersey only recognizes two legal parents, the other legal parent must first consent and surrender their legal rights, or have those rights terminated by the court first.
- Domestic adoption: The adoption of a child born in the United States.
- International adoption: The adoption of a child born in and living in another country, which involves federal immigration requirements in addition to New Jersey law.
- Adult adoption: The process in which one adult adopts another adult, typically for inheritance purposes or to formalize an existing parent-child relationship, which is a simpler and separate process.
Adoptions are also often described as open or closed. During a closed adoption, the identities of both the birth and adoptive parents remain confidential, and the records are sealed. In an open adoption, the families will share some level of ongoing contact, which can range from sending photos and updates over email to scheduled visits.
What is New Jersey’s adoption process?
The process of adoption is heavily fact-sensitive and ultimately depends on the type of adoption. It is a common misconception that every New Jersey adoption runs through the Division of Child Protection and Permanency (formerly DYFS) with a 27-hour training requirement; that path applies mainly to foster and public-agency adoptions, not to private or stepparent adoptions.
Nearly every adoptive family will undergo a home study, which is an assessment conducted by an approved agency that includes interviews, home visits, health examinations, references, and checks of both criminal background and child abuse registry. Beyond that, the court process differs by type:
- Agency adoptions: Under N.J.S.A. 9:3-47, the complaint is typically filed once the child has resided in the adoptive home for at least six months, and a hearing will be set approximately 10 to 30 days after the complaint has been filed.
- Private (independent) adoptions: Under N.J.S.A. 9:3-48, the complaint is typically filed within 45 days of receiving the child. The court will then hold a preliminary hearing about two to three months later. At this point, the birth parents’ rights will be terminated, and, in a final hearing approximately six months after that, after supervisory visits, a final judgment will be entered.
At the final hearing, the court will enter a judgment of adoption, permanently ending the legal relationship between the child and the parents, making the adoptive parents the legal parents, and allowing for the child’s name to be changed. It is imperative to understand that the court will adhere to the child’s best interests standards for the duration of the process.
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At Townsend, Tomaio, Newmark & Clancy, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your adoption, contact Townsend, Tomaio, Newmark & Clancy L.L.C today.
