Adoption

New Jersey Adoption Attorneys

Our team of tough, smart attorneys can help you with any adoption case in any county court in New Jersey.  Whether you have a stepparent adoption case or you are going through an adoption agency or DYFS, we can walk you through the process to make it as easy as possible for your entire family.  Our family law attorneys promise to always provide you with the best service. 

Stepparent Adoptions

In this adoption, the child to be adopted is the natural child of the plaintiff's spouse. This is the most common type of adoption case in our office. Most of the time, the natural parent will consent to the termination of his or her parental rights.  This is because the benefit for the natural parent is that their child support obligation is terminated at the conclusion of the adoption process.   

At the time of the filing of the Verified Complaint in a Stepparent Adoption, there are many other documents that must be filed along with the pleadings. These include Criminal History Record Information ("CHRI") fingerprint background checks, Child Abuse Record Information (CARI), and Domestic Violence Registry Check ("D.V."). The clearances must be less than 12 months old at the time of the filing of the Complaint. All of these checks must be performed on the Stepparent and on all persons residing in the adoptive applicant's home who are 18 years of age or older, except the natural parent.  Our team of attorneys can guide you through this process and get all of the necessary documents for you. 

Other Types of Adoptions

Adult Adoption - The adult to be adopted has requested the adoption and, if desired, the change of name. The adopting parent(s) must be at least 10 years older than the adult being adopted.

Agency Adoption - The child to be adopted is in the custody and control of an approved agency. The agency will perform that match between the adoptive parents and birth mother and child. If you are interested in adopting through an agency, your local DYFS office can be a great resource as there are many children in foster homes waiting to be adopted.

Foreign Adoption - The foreign child to be adopted is in the custody and control of an approved agency.

Foreign Re-Adoption - The foreign child has been adopted in a foreign country before a Judge and re-adopted in this country, thereby creating a paper trail, as well as a New Jersey birth certificate.

Private Adoption - The child to be adopted has not been received from an approved agency but from a birth mother. Unlike agency adoptions, the adoptive parents can be more involved with the process. Before sending any money to the birth mother, consult an attorney to avoid getting scammed.

Relative Adoption - The child to be adopted was not received from an agency, but the adoptive parent(s) are brother, sister, grandparent, aunt, uncle or birth father.

County Venue

Adoption papers may be filed with the Surrogate in one of the following:

1. The County in which the adopting parents reside;
2. The County where the child resided immediately prior to the placement for adoption;
3. If the child is less than three months of age, the County in which the child was born;
4. Whenever the child to be adopted has been received into the home of a prospective parent from an approved agency, the action may be instituted in the Superior Court, Chancery Division, Family Part, of any County in which the approved agency has an office.

Waiting Periods

Before the filing of a Verified Complaint for Adoption, a child may be required to be in the adoptive home for a period of time. In an Agency Adoption (domestic and foreign), the child must be in the adoptive home for at least six months. With Private Placement, Relative and Stepparent Adoptions, the Complaint may be filed within 45 days after receiving the child into the adoptive home. With a Foreign Re-Adoption, the Complaint can be filed upon the approval of the U.S. Citizenship and Immigration Services. In the case of an Adult Adoption, there is no waiting time.

After the Complaint is filed, a hearing date is set. For an Agency Adoption, the statute requires the hearing to take place no less than 10 days and no more than 30 days from the filing of the Complaint. For a Stepparent, Relative, or Private Adoption, the statute requires a waiting time of no less than 60 days and no more than 90 days from the filing of the Complaint. The finalization of a Private Adoption requires a waiting period of 6 months after a preliminary hearing. There is no similar statutory requirement for an Adult Adoption.