The good new is that New Jersey is an adoption-friendly state. With the changes in the New Jersey Adoption Act in 1994 and with the new changes that were signed into law in 1998 and thereafter, New Jersey has shown its approval of and support for adoptions.
New Jersey allows the following adoptions:
- Agency Placements (Traditional or Open Adoptions)
- Private Placements
- Identified Adoptions (Where you have found the child but use an agency to help finalize)
- Intermediary Assisted Adoptions (Non-Agency)
- Stepparent Adoptions
- Foreign Re-Adoption/Confirmation
See answers below to Frequently Asked Questions (FAQs) about the following adoption topics:
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1. Q. What is a Private Adoption?
A. Private Adoptions are arranged either on a "Face to Face" basis with no intermediary, or with the use of a private intermediary.
2. Q. Can you pay a private intermediary if you adopt in New Jersey?
A. If a private intermediary is used, the private intermediary cannot be paid anything for his or her services. Any payment is a direct violation of the law.
3. Q. Can you advertise for an adoption?
A. Yes, a prospective adoptive couple can advertise in New Jersey, which is something that not all states allow.
4. Q. Once you find a child privately and the child is placed with you, what must youdo next?
A. Once a child is located who is available for adoption, a complaint in adoption must be filed promptly, within 45 days of receipt of the child. Upon the filing of a complaint, the adopting parent or parents are awarded custody, and an approved agency is appointed to do an adoption investigation.
5. Q. How many court hearings are there and when do they take place in a privateadoption?
A. A preliminary hearing is scheduled 2-3 months after the filing of the complaint, at which time the parental rights of the birth parents are terminated, and the court determines if the child is fit for adoption and that the adoptive parents are fit.
6. Q. When does the final hearing take place?
A. The final hearing is 6 months after the preliminary hearing after the supervisory visits are completed by the approved agency.
AGENCY ADOPTIONS
7. Q. How does an agency adoption differ from a private adoption?
A. The agency makes the placement of a child either from a birth mother that the agency has located, or from a birth mother that the adoptive parents have located as part of an identified adoption.
8. Q. When may a birth parents rights be relinquished in an agency adoption.
A. The birth parents rights may be relinquished to a New Jersey agency 72 hours after the child is born. Once the birth parents sign the proper relinquishment form after having received the appropriate counseling, it is irrevocable and is only subject to being set aside if fraud or duress on the part of the agency can be established.
9. Q. How are the rights of an unknown or unnamed birth father terminated?
A. This is normally done at the hearing for the finalization of the adoption. Some counties will entertain this earlier if requested at 2 to 3 months after the early filing of the Complaint in Adoption.
10. Q. How many court hearings are there and when do they take place in an agency adoption?
A. There is one court hearing. It cannot take place until after 6 months from the date of the placement. If the Complaint is filed early in order to terminate parental rights, then there will be 2 hearings.
EXPENSES
11. Q. What expenses may an adoptive parent pay in connection with an adoption?
A. New Jersey allows, in either a private or agency placement, payment of the birth mother's medical expenses as well as reasonable living expenses. Counseling and legal fees for the birth parents may also be provided.
12. Q. If the adoption falls through can the adoptive parents get their money back?
A. No, not in New Jersey. If an adoption does not take place, the return of the child cannot be conditioned on a repayment of expenses. Further, birth parents must be informed as to this lack of conditions.
HOME STUDIES
13. Q. Do I have to have a home study in order to adopt?
A. Yes, a home study is required for all adoptions in New Jersey with the exception of certain intra-family adoptions, such as stepparent adoptions, however, even in those adoptions fingerprint and child abuse registry clearances are required.
14. Q. What is included in a home study?
A. Besides a review of the prospective adoptive family, a New Jersey home study includes a check of the child abuse registry as well as state and federal fingerprint clearances.
15. Q. How long does it take to get a home study?
A. While the agency portion of a home study can be completed sometimes within days, it may take anywhere from 8-10 weeks to get all of the clearances, reference letters, and other records. It is therefore extremely important to start the home study process early if contemplating an adoption.
DOCUMENTS ISSUED AFTER ADOPTION AND POST-ADOPTION ISSUES
16. Q. What documents are issued in connection with an adoption?
A. In both a private adoption and an agency adoption, the judge will sign a judgment of adoption which will then be sent 1-2 weeks after the final hearing. A new birth certificate is also issued showing the adoptive person or couple as the parent or parents of the child. It usually takes 1-4 months to obtain a new birth certificate after the adoption is finalized, depending on the state issuing the certificate.
17. Q. Are all court documents and proceedings sealed or open to the public?
A. Currently in New Jersey all adoption records are sealed and may only be opened by a court order for a showing of "good cause".
18. Q. When can I get a new social security number for my child?
A. Generally, this is applied for and received after the adoption is complete and you have received the new birth certificate for your child with the name you have selected for your child on it.
19. Q. Can I file a tax return and claim my child as a dependent if my child does nothave a social security number?
A. Yes. You can obtain a temporary tax identification number by filling out and filing form W7-A for a temporary adoption tax identification number for your child. This will allow you to claim your child as a dependent pending finalization of the adoption and obtaining the social security card.
20. Q. What is the adoption tax credit?
A. The US Government has passed a law which allows a dollar for dollar reduction of your income taxes and is now a refundable credit, up to currently a maximum of approximately $13,170 in 2010 for adoption related expenses. There are certain limitations on this involving family income and certain requirements as to when this can be claimed, and it should therefore be discussed with your tax advisor and/or adoption attorney. This is currently set to expire at the end of 2011, but an extension is likely to be enacted.
FOREIGN ADOPTION
21. Q. If I adopt a child in a foreign country do I have to re-adopt in the United States?
A. Yes and no. If your child enters the United States with an IR-3 Visa then your child is automatically a United States citizen and you are not required to re-adopt. However, many agencies and attorneys strongly recommend re-adoption, and some agencies require it. One advantage is that this will provide you and your child with an official Judgment of Adoption from a State Court in the United States, a copy of which can always be obtained if it is ever misplaced, lost, or destroyed, unlike our ability to get a duplicate from the foreign country.
If your child enters the United States with an IR-4 Visa, the Unites States requires you to re-adopt the child which is a condition of your childs admission into this country.
22. Q. How do I get a New Jersey birth certificate for my child?
A. If and when you re-adopt, your attorney can arrange for a New Jersey birth certificate to be issued, as long as you are a US citizen and a resident of New Jersey. If you are a resident of another state, similar laws may apply.
23. Q. Can I change my childs name?
A. Yes. As part of the New Jersey adoption process you can select any name you wish for your child, whether it is the same one as on the foreign adoption decree, or a different one. The name you select will be on the New Jersey Judgment of Adoption, as well as the New Jersey birth certificate.
24. Q. If I am satisfied with my childs name on the foreign birth certificate and my child came in on an IR-3 Visa, and if my agency does not require me to re-adopt, can I still get a New Jersey birth certificate without re-adopting?
A. Yes, however New Jersey, while recognizing foreign adoptions per a New Jersey statute which was recently signed into law, does not currently have a formal mechanism for registering the foreign adoption other than by filing to re-adopt or confirm the adoption as described above.
25. Q. Have the rules for foreign adoptions recently been changed?
A. Yes. As of April 1, 2008, the United States, as a member of the Hague Convention, implemented many new procedures involving any adoptions with other countries that are also members of the Hague. Therefore, you must be sure to work only with agencies that have received Hague accreditation by the United States Department of State for these adoptions.
ADOPTION TIPS
25. Q. What tips would you give for those seeking to adopt?
A. (a) Do your homework with regard to adoptions.
(b) Deal only with an approved and reputable agency if you are going the agency route.
(c) Make sure to deal with an attorney who is experienced in the area of adoption law. The American Academy of Adoption Attorneys can provide you with a list of its members, all of whom are required to meet a certain standard of expertise in Adoption Law.
(d) Have your home study done as early as possible to avoid any delays.
(e) When dealing with a birth mom in a private adoption, be wary of any requests for money. It is always advisable to employ an attorney in a private adoption setting.
(f) Do not forget about the birth father - he has rights too, which must be dealt with and generally are taken care of either by the agency or by the attorney.
(g) If you are considering adoption, do not be afraid to "tell the world" of your search since word of mouth is often one of the best ways of finding a child to adopt.
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Mr. Cofsky represents adopting parents in private, agency, international, and domestic placements, and in contested adoptions, and has completed over 1,500 adoption finalizations. He has also advised and represented adoption agencies in legal matters. He has served as a lecturer and workshop leader at numerous adoption seminars, and has appeared on television with regard to adoption related issues. Mr. Cofsky is a Fellow and Trustee of the American Academy of Adoption Attorneys, a founding member of the New Jersey Academy of Adoption Attorneys, and a Fellow of the American Academy of Assisted Reproduction Technology Attorneys. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney, and has received A and V ratings from Martindale-Hubbell, its highest ratings for ability and ethics. His work in adoption law has also been recognized by his being named as a New Jersey Super Lawyer by Law & Politics, as an Awesome Attorney by South Jersey Magazine, and as a Top Attorney by SJ Magazine. Mr. Cofsky was named as an Angel in Adoption in 2005 by the Congressional Coalition on Adoption in Washington, D.C.
For more adoption help, contact:
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Donald C. Cofsky, Esquire
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