New Jersey Adoption Laws and Regulations

More than a hundred thousand children in foster care were eligible for adoption in the United States as of 2021. Whether you are looking to adopt or wishing to place a child for adoption, there are some things you’ll want to know about adoption laws in New Jersey.

What Are New Jersey’s Adoption Laws?

New Jersey has rules and regulations concerning who can adopt a child. Some of them also protect birth mothers.

Both Parents Have to Agree to the Adoption

In New Jersey, both parents (if a married couple is adopting) need to agree when looking to adopt a child. The reason is simply to ensure the child is wanted. Conversely, both parents need to agree to the adoption when giving up parental rights. The birth mother and father need to consent or waive their right to do so. If a birth father isn’t known, an adoption agency can attempt to contact potential birth fathers. They will communicate with the potential fathers to reduce stress.

When a new baby is born, the birth parents have 72 hours to consider the decision before the adoption can happen. More time can be given if necessary or requested. The purpose here is to make sure both parents wish to give the baby up for adoption.

Adoptive Families Can Help With Birth Expenses

Pregnancy and birth expenses can be covered by the adoptive family if the birth mother does not have the financial resources for such expenses. Adoptive families in New Jersey can cover pregnancy expenses starting in the fourth week. They can also cover birth costs and adoption-related costs as well if the birth mother is unable to do so. This includes legal costs if a New Jersey adoption attorney is involved.

Who Can Adopt in New Jersey?

In New Jersey, adoptive parents must be at least 18 years of age and at least 10 years older than the child they wish to adopt. Also, prospective adoptive parents need to pass a home study. This applies to both in-state adoptions and ones where the adoptive parents are from another state. A home study normally includes:

• A visit to the adoptive parents’ home
• Interviews with the adoptive parents
• A criminal background check
• Interviews with anyone else who lives in the home
• Interviews with employers
• Interviews with character references (which may be done by phone or in person)
• Proof of income

These requirements apply even if the adoptive parents already have children. These laws are meant to protect the child and give the birth mother added peace of mind. The home study process also includes 27 hours of training for prospective adoptive parents. Topics covered include dealing with loss and handling basic parenting duties or responsibilities.

After a successful home study is completed, the adoptive parents must be approved by the Office of Licensing. This step involves another visit to the home by a license inspector. Approval for adoption normally occurs after a successful license inspection. If the child is not a newborn, they will have a chance to express their feelings about the potential adoption as well if they are old enough to do so. Even if a newborn is requested, it may take time for one to become available through the adoption process since this is a popular request. The state has a database of waiting children who are older and looking to be adopted.

The Adoption Agency May Have Additional Requirements

Adoption agencies in New Jersey may have, for example, an extra screening process or a more detailed one. Some agencies are religion-based, and they may limit their adoptions to traditional married couples. Other agencies are broader when it comes to who can adopt through their agency. Do some checking ahead of time to see what applies to the agencies you are considering.

Learning More About Your Birth Parents

New Jersey makes it easier for adopted children to learn more about their birth parents when they turn 18. Adopted children now have the legal right to obtain their birth certificate. New Jersey has a database for children of adopted parents to find contact information for their parents or birth mother. However, the birth mother has the right to request that they not be contacted by their child. Birth mothers or both parents can change this information if they change their minds later and wish to be contacted.

Contact Cofsky & Zeidman today to talk to a New Jersey adoption attorney for assistance with the adoption process. We have offices in Haddonfield and Woodbury.