NEWJERSEY

 Any person at least 18 years of age and at least 10 years older than theadoptee may adopt. These requirements can be waived by the court. A marriedperson may only adopt with the written consent of the spouse or the spouse mustjoin in the adoption, unless the couple has been living separately.

 Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 The following people must consent to the adoption:

 (1) both natural parents or the guardian of the adoptee; and

 (2) the adoptee, if 10 years of age or older, unless the court determines thatthe adoptee is incapable of forming an intelligent preference regarding theadoption.

 Parents include the husband of the mother of a child born or conceived duringmarriage, and the putative or alleged natural mother or father of the child.

 Consent is not required of the following parties:

 (1) A parent whose rights have been terminated, or who has surrendered thechild for adoption;

 (2) A parent who has failed to perform regular and expected parental functionsof care and support for the child for 6 months or more;

 (3) An alleged father, who has denied paternity at any time including andprior to the birth of the child.

 (4) If the identity of the parent cannot be determined, or if the known parentrefuses to identify the unknown parent and the court is unable to find out whothat parent is, that parent's consent to the adoption is waived.

 Consent to adoption is not valid until 72 hours after the birth of thechild.

Confidentiality

 All records of adoption proceedings shall be under seal by the court andcannot be inspected, except upon a court order.

Permissible Fees

 No person, firm, partnership, corporation, association, or agency can pay,give, or agree to give any money or anything of value, or take, receive, oraccept any money or anything of value in participating in placing a child foradoption. This prohibition excludes fees or services in connection withadoption by an approved agency. A parent may be reimbursed for medical,hospital, counseling, or similar expenses incurred in connection with the birthof a child.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parentlives, or where the child-placing agency is located if the child is in agencycustody prior to the adoption.

Authority To Place Child

 Only the parent or guardian of the child, or such firm, partnership,corporation, association, or agency that is an approved agency by theDepartment of Human Services has authority to place or to materially assist inthe placement (e.g., act as intermediary) of a child. However, if the child isplaced with a relative or stepparent, then no approved agency or person isrequired to place the child.

Relative Adoption

 When a relative or stepparent seeks to adopt a child he or she will be subjectto a brief investigation rather than the extensive preadoption investigation.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney ReferralService

New Jersey State Bar Association
1 Constitution Square
New Brunswick, NJ 08901-1500
(908) 249-5000

Welcome - Birthparents - Adoptees - Parents - Agencies - International

Books/Magazines - Federal - Legal - Other - About - AdoptioNews - AOL Help

© Copyright 1998 AdoptioNetwork     Updated: July 19, 1998  Disclaimer