New Jersey Adoption Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 05, 2024
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The adoption process in New Jersey varies depending on the type of adoption you pursue. If you go through an adoption agency, your journey will be different from someone who adopts a child through the foster care system.
Here, we’ll describe the adoption process in New Jersey along with state adoption laws. The different types of adoption available in the state of New Jersey will be examined as well.
If you’re considering adopting a child, it’s best to consult a New Jersey adoption attorney. They are familiar with the process and have relationships with adoption agencies and other resources that can help make the process smooth.
Types of Adoption Available in New Jersey
Every adoptive parent’s experience is unique. The different types of adoption available in New Jersey have differing requirements and steps. The types of adoption available in New Jersey include:
- Domestic adoption
- International adoption
- Private adoption
- Public adoption
- Foster care adoption
- Stepparent adoption
Regardless of your path to adoption, you must follow specific requirements under New Jersey adoption law. All prospective adoptive parents must undergo a home study and background check. We’ll discuss the legal requirements for adoption in New Jersey below.
Legal Requirements for Adoption in New Jersey
To qualify for adoption in New Jersey, you must meet specific requirements. Even if you meet these criteria, you must go through the adoption process.
Under New Jersey law, anyone looking to adopt a child must meet certain requirements. These include:
- Be at least 18 years of age
- Be a resident of New Jersey
- Be in good physical and mental health
- Have adequate housing to support an adoptee
- Have a clean criminal and financial background
- Have the ability to pay the adopted child’s medical expenses, educational expenses, etc.
- Be able and willing to take care of an adopted child
You can proceed with the adoption application if you meet these criteria. If you're lacking in any of these areas, your application faces rejection.
New Jersey Adoption Process: Step-by-Step Guide
While the adoption process varies according to the type of adoption you pursue, the overall process is similar. The process is completed within three to four months, although some cases take longer.
In general, you must complete the following steps before the court orders the adoptive placement:
- Adoption application
- Preservice training (foster care adoption)
- Adoption home study
- Individual interviews with all adults in the adoptive family
- Home visit
- Criminal background check and fingerprint screen
- Credit report and financial background check
- Personal references (employment, school, childcare, medical, etc.)
- Consent of biological parents (birth mother and birth father)
- Court termination of parental rights
- Social worker’s final report after home study
- Final hearing
- Post-placement/post-adoption check-up (foster care adoption)
If you’re adopting a child with special needs, the home study will be more in-depth. The process will also involve additional steps if you’re taking custody soon after the birth of the child.
Pre-Adoption Disclosures
In some cases, prospective parents in New Jersey will receive information about the child's development and characteristics pre-placement. This information can include the following:
- Description of the adoptive child’s personality
- Complete medical histories of the birth parents (if available)
- Information regarding any drugs and medications the birth mother took while pregnant
- Details on other relevant health issues
New Jersey Adoption Laws: The Basics
You don't have to be an attorney to adopt a child, but the legalese statutes are often written in can be challenging to understand. To better help you understand New Jersey's adoption laws, we've summarized the law below in plain English.
New Jersey Adoption Code Statutes |
New Jersey Statutes
|
|---|---|
Who May Be Adopted |
|
Age at Which the Child's Consent Is Required |
|
Who May Adopt |
|
Foster Care Adoptions |
The Home Study Process allows New Jersey's Child Protection and Permanency (CP&P) agency to learn about prospective parents while helping families learn about adoption and transition into their new role. Steps include:
|
State Agency/Court |
|
Note: New Jersey laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a family law attorney or conduct legal research to verify your state laws.
Looking To Adopt a Child in New Jersey? An Attorney Can Help
Adopting a child is a significant life change. It’s a good idea to seek legal advice before embarking on the adoption process. Consider speaking with an experienced New Jersey adoption law attorney for a better understanding of what's involved.
New Jersey Adoption Laws: Related Resources
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