New Jersey County Stepparent Adoption Attorney
Helping to support and honor families through stepparent adoptions
Helping to support and honor families through stepparent adoptions
A stepparent adoption is a deeply meaningful process for families, but it also requires several essential steps to be followed before the parenting relationship can be legalized. These steps include:
Both biological or legal parents must consent to the adoption in most cases, except when the court finds that the other parent’s consent is not needed.
The non-custodial parent must terminate their parental rights. In some instances, like those involving abuse or neglect, the court can terminate parental rights without the non-custodial parent’s consent.
You must undergo a background check. This background check includes a criminal history search, a check through the Division of Child Protection and Permanency, and a domestic violence check to ensure that the prospective adoptive parent has not been convicted of a crime and that they are fit to become a parent.
Depending on the situation, a home inspection may be required. The court may also choose to waive this requirement.
An adoption hearing must take place. If the case is successful at the hearing, the stepparent under NJ law is now the biological and legal parent of the child and has all the rights and obligations of any biological parent.
Because of the numerous steps involved in a stepparent adoption, families benefit from the experienced guidance of a legal team that can help them prepare to complete the adoption. Our family law attorneys at Dughi, Hewit & Domalewski can assist families with all facets of stepparent adoption.
Under New Jersey law, a child can only have two legal parents, which means that the parental rights of one parent must be terminated for a stepparent adoption to occur.
A parent may choose to voluntarily terminate their parental rights. Reasons for doing so may include long-term mental health struggles, long-term substance use disorder, failure to maintain contact with a child, and more.
In some cases, one biological or legal parent doesn’t want to terminate their parental rights even if there is evidence of abuse or neglect. In those instances, a family law attorney can help you navigate involuntary termination of parental rights.
A background check is a crucial step in your stepparent adoption. Background checks scan for past legal issues, particularly anything that would pose a risk to a child.
While background checks often come back without anything of note, they can derail the process if anything problematic is uncovered. Our experienced adoption stepparent adoption attorneys can help you understand your background check results and what steps you might need to take to move forward.
During your stepparent adoption hearing, the court will examine all the information gathered up to this point and determine whether to grant your petition for adoption. If they approve your adoption, then you’ll be considered the full legal parent of your child.
Hearings can be stressful for families, especially when such an important decision hangs in the balance. Our experienced NJ adoption attorneys will represent you in court at your adoption hearing, and will also help you prepare in advance so you can participate with confidence.
At Dughi, Hewit & Domalewski, we understand that adopting a child is a profound experience that enriches the life of the entire family. We will compassionately guide you throughout the adoption process and use our experience with stepparent adoptions to help your family achieve its goals. Schedule your consultation with our family law attorneys in today. We support clients throughout NJ in Essex County, Hudson County, Hunterdon County, Middlesex County, Bergen County, Passaic County, Mercer County, Sussex County, Morris County, Somerset County, Monmouth County or Ocean County.
Same-sex couples have the same rights to stepparent adoption as opposite-sex couples and the process is the same for both.
To adopt a child, the adopting parent must be at least 18 years of age and 10 years older than the child who is being adopted.
Once parental rights are terminated, that parent can’t change their mind about the adoption—it is irrevocable once done.
Two important pieces of documentation will be provided to the adoptive parent and other legal parent: a certified copy of the final judgment of adoption and a revised birth certificate that lists the adoptive parent as the legal parent of the child.
Adult children can be adopted as long as they consent to the adoption. An adult can be adopted by a single adult, a married person with the consent of their spouse, or a married couple jointly.