Everything You Need to Know to Move Forward with the Stepparent Adoption Process in New Jersey

Stepparent Adoption Guidelines in New JerseyGiven that approximately 25% of first marriages in New Jersey result in divorce, second marriages are 60%, and third marriages are 73%, families are changing in the blink of an eye. Frequently, stepparents want to make their membership in the family official by adopting their spouse’s children. Across the country, stepparent adoption is just behind foster parent adoptions, which are the most common. Stepparents do not have parental rights of any kind, and by adopting their spouse’s children, that changes.

Adopting your stepchild requires the experience of qualified adoption lawyers who know the law and have mastered the procedures necessary to get a positive outcome in your case. Having the close support of the lawyers at The Bronzino Law Firm will give you the peace of mind to move forward and follow the necessary steps and requirements to adopt your stepchild.

If you are interested in adopting your stepchild in New Jersey, you can trust us as your law firm to support and guide you along the way. We invite you to give us a call at (732) 812-3102 or get in touch with us online for a free consultation.

Most Common Situations that Lead to Stepparent Adoption

There are three circumstances one typically sees when discussing stepparent adoptions. The first is when the stepparent takes over the role of the child’s birth parent who does not want to care for the child, is unable to, or has been declared legally unfit as a parent. Another circumstance is when the stepparent’s spouse (child’s birth parent) dies, and the stepparent adopts the child. Occasionally, when the stepparent and birth parent divorce, the stepparent adopts their ex-spouse’s child.

Stepparent Adoption Route in New Jersey

To adopt a stepchild, the non-custodial parent must give up their parental rights. The stepparent will be fingerprinted and be the subject of a background check. Although there is typically a home study performed by an approved adoption agency, this step in the process of traditional adoptions is often waived with a stepparent and no study is conducted.  After an adoption hearing, the stepparent and the child will have the same rights as though the relationship were biological.

Requirements that Stepparents Must Meet to Adopt

Firstly, there must be at least a ten-year difference between the adopting stepparent and the child who is being adopted. This requirement has been waived from time to time under exceptional circumstances. Also, children 12 years of age and older must write a testimony that they want to be adopted and are aware they will no longer have contact with their birth parents. Children the age of ten and up can offer consent to the adoption process.

Parental consent is the sticky wicket in this process. The non-custodial parent must give up their parental rights to allow the stepparent to proceed with the adoption. If the birth parent is in prison, has an addiction to mind-altering substances, is incarcerated, does not have a place to live, or there has been proven abuse of the child by the birth parent, those are supporting reasons their parental rights could be removed.

Once all requirements have been filled, a family court judge will receive the adoption case and approve or deny it. This is the step that determines if the adoption is granted or denied.

Parental Consent, a Critical Component of Stepparent Adoption

Stepparent adoptions require that both birth parents consent to the adoption, giving up their parental rights. Usually, the birth mother or father, one of the biological parents, is in the relationship and wants the stepparent to adopt their child. Getting consent from the non-custodial parent can be incredibly challenging. It can be worrisome for a parent to rescind their parental rights and responsibilities. They will have no say in their child’s future. Of course, if the parent hasn’t had a relationship with the child for many years, permission may be more readily obtained.

Proving Negligence if Consent of Both Parents is Not Granted in NJ

Stepparent Adoption Process in New JerseyIf one can prove neglect, abuse, or abandonment on the part of the non-custodial parent, losing their parental rights is much easier. If you can prove the parent is not the biological father, he would have parental rights. There are several statutes that allow for the adoption of children by their stepparents without actual parental consent. They all require the birth parent to be notified of the adoption with or without their consent, and it only takes one to favor the adoption.

If the birth parent has not communicated compellingly with their child in 12 months without justifiable cause, this will denote abandonment. Next, if the birth parent is involved in criminal activities, is chronic alcohol or drug abuser, or spends most of their time incarcerated, parental rights could be taken. Also, proven physical, mental, sexual, or emotional abuse, malnutrition, or neglect on the part of the natural parent to the child can cause them to lose their parental rights.

There are times when the birth parent contests the adoption process. The stepparent and their lawyer must compile evidence showing the birth parent’s consent are unnecessary. Meanwhile, the birth parent must establish a relationship with the child that cannot be lost to the adoption. If the judge accepts the stepparent’s case, the adoption is granted; if they get the birth parent’s case, it is denied. An appeal is possible for the losing side.

Voluntary vs. Involuntary Termination of Parental Rights for Stepparent Adoption

If a parent’s rights are terminated voluntarily, they relinquish their rights as a parent. When dealing with involuntary termination of parental rights, the parent and stepparent must petition the court to prove the other natural parent is unfit. This is frequently seen when they have been unable to steadily contact the parent, or there is no longer a relationship with the child. If the stepparent can show a profound and valued relationship with the child, involuntary termination is a strong possibility.

How Long is the Stepparent Adoption Process in New Jersey?

It depends on many factors:  the availability of the court if the birth parent is contesting the adoption, if you can produce all requested documents expeditiously and with few complications, it could take three months, with more, 12 months or more.

Planning to Start the Stepparent Adoption Process in NJ? Contact our Offices in Brick and Sea Girt

If you or someone you know is going to adopt a stepchild, it is an excellent idea to depend on an attorney to guide you through the process, especially if you suspect you may have trouble in the area of parental rights. A lawyer on our team can explain the best way to handle any situation that may come up and ensure that everything is handled precisely along the way.

The Bronzino Law Firm is prepared to make the adoption of your stepchild a pleasant and memorable moment. We want to meet your growing family’s needs and enjoy nothing more than shaking hands and smiling for pictures when your adoption process has been completed in Asbury Park, Middletown, Manchester, Berkeley, Howell, Point Pleasant, Manalapan, and elsewhere in Ocean and Monmouth Counties.

Call (732) 812-3102  or reach out online to discuss your individual adoption needs free of charge. Our job is to make your family’s dreams a reality.