Wilentz facilitates a variety of adoption types including:
- international adoptions
- gay adoption
- domestic adoption
- step-parent adoption
- single parent adoption
- adult adoption
Agency vs. Non-agency Adoptions
The New Jersey statute provides for two types of adoptions: agency and non-agency. In an agency adoption, the child and adoptive parent are brought together by an agency licensed in New Jersey, such as the Division of Youth and Family Services. The agency screens the adoptive parents, effects the surrender of the child, and places the child in the custody of the adoptive parents. Children who are under the care of the Division of Youth and Family Services may be adopted after a termination of parental rights of the biological parents pursuant to N.J.S.A. 30:4C-15.
An amendment to New Jersey’s statutory scheme expanded the ability to find an adoptive child by permitting intermediaries, other than licensed agencies, to facilitate the adoption process. These non-agency adoptions, commonly referred to as private adoptions, are facilitated by a family member, an attorney or through advertising. When adopting a child through a non-agency adoption process, there is a mandatory 72-hour waiting period before the law will recognize a valid surrender of parental rights by the biological parent. Non-agency adoptions also include adoptions by a relative and adoptions by a step-parent.
Foreign Adoption into New Jersey
When adoptive parents seek to adopt a child from a foreign country, the legal requirements for such adoptions are governed by the child’s home country. Such requirements can vary depending on the country. In cases where the adoptive parents do not travel to the foreign country and where no green card was issued for the child, a re-adoption in New Jersey is required for naturalization. A re-adoption may also be necessary where the foreign country only issues a permanent guardianship order rather than a final adoption decree. When a re-adoption occurs, the child is issued a new birth certificate in English.
Adult Adoptions
Adult adoptions may occur under certain circumstances. The adoptive parent must be at least ten years older than the adult adoptee and must be of good moral character and reputable standing in the community, and the adoption must be to the benefit of the adoptee. A court may deny an adult adoption if the circumstances surrounding the adoption are unsupportable and will deny such adoptions if it is found that the purpose is to circumvent the inheritance laws or to obtain free college tuition under certain programs. The adult adoptee may request a name change in the petition for adoption.
Single Parent Adoption and Gay Adoption
New Jersey permits adoptions by "non-traditional families" including adults who are unmarried and same-sex couples (regardless of whether they have entered a civil union).
Contact one of our child adoption lawyers to schedule a consultation to assist with your child adoption matters.
The family law team at Wilentz, Goldman & Spitzer serves New Jersey clients in Atlantic County, Bergen County, Burlington County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, and Union County, in addition to serving clients in New York City.