Archives for July 2022

What Is an Open Adoption & What Are Its Pros and Cons?

What Is an Open Adoption?

Whether a couple is experiencing fertility issues, is unable to conceive for any reason, or simply wants to enlarge their family, adopting a child can be a joyful decision. There are two ways to adopt: a closed or open adoption. In an open adoption, the biological parents, or just the mother, are known, and the family maintains contact with them.

How Does Open Adoption Work?

With open adoption, the birth mother decides to give up her child so that another family can adopt him or her. It can take a lot for a parent to reach this conclusion, but in some cases, open adoption is a more attractive option because it allows the biological mother to remain in the child’s life.

The biological mother gets to choose the adoptive parents. However, until she signs final relinquishment papers that give the adoptive parents all legal rights to the child, she is free to change her mind. While this is very rare, it does occasionally happen.

Open adoption can mean that the birth family remains in contact in different ways. Some families choose to allow regular visits while others may let the birth mother and her child stay in contact through email. A New Jersey adoption attorney can help the parents decide the best option for their family.

What Are the Benefits of Open Adoption?

Open adoption is often the right course of action for families looking to adopt. It allows for more opportunities to avoid uncomfortable situations once the child grows older and starts to ask questions. If a child knows that they are adopted, they will naturally ask their parents questions once they reach a certain age. Open adoption often allows many of those questions to already be answered or answered sooner.

The child’s genetic information is easier to access with open adoption. Asking the birth mother about any medical conditions that run in her family can give a better idea of what to possibly expect in the future. It allows you to take certain precautions and gives you awareness of how to better protect your child’s health. This also includes heritage information, which helps the child know his or her religious or ethnic background.

With open adoption, the child doesn’t have to go searching for their biological mother in the future. All the information is readily available, and the birth mother is already in their life. Even if a child and their birth mother have never met, having steady contact makes it easier to eventually meet in person.

What Are the Disadvantages of Open Adoption?

One of the most common disadvantages is that there may be certain problems that arise regarding the boundaries expected from the birth mother or family. They may wish to have a closer relationship with the child that steps over the line of what was stated in the adoption papers. The birth mother may feel overly attached and have difficulty moving on.

As previously mentioned, the birth mother can change her mind before she signs the final adoption papers. This is every adoptive parent’s worst nightmare. However, even if the birth mother decides she wants the child back after the final papers are signed, it can cause serious problems. It could end up with litigation that can cause a rift even though the birth mother doesn’t have legal rights to the child.

Sometimes, open adoption isn’t always the best arrangement for the child. Things can happen, and personalities may clash. If there are issues with drug or alcohol abuse or different values, it could create problems for the child. Some people who were adopted end up regretting ever reaching out to their biological family due to various reasons. In some cases, the child may feel as though they are caught in the middle of their family and their birth mother while a power struggle is occurring. This is never a healthy situation.

If you’re considering adoption, get in touch with a New Jersey adoption attorney at Cofsky & Zeidman LLC by calling (856) 429-5005 or by submitting our contact form.

Everything You Need to Know About Stepparent Adoptions

Your Guide to Adopting Your Stepchild

If you’re one of the 30 million Americans who are a stepparent, you probably have a very strong relationship with your stepchild. In some cases, stepparents may want to formalize this relationship by adopting their stepchild. Understanding how stepchild adoption works can help you decide whether it is right for your family.

Benefits of Adopting Your Stepchild

There are many advantages to adopting your stepchild. First of all, it makes you one of their legal guardians. You can do things like picking them up from school or accessing their medical records without requiring authorization from your spouse.

Even more importantly, stepparent adoption ensures you can stay in the child’s life if something goes wrong. You’ll still have custodial rights if you divorce your spouse. In the unfortunate event of your spouse dying, adoption ensures your child can stay with you instead of ending up with biological family members or foster parents.

Finally, stepchild adoption has a lot of emotional benefits for you and the child. It’s a great way to reassure an anxious child and show you’re not going anywhere. Being legally adopted helps to confirm that you see your stepchild as one of your children.

Can You Adopt if the Biological Parent Is Still Alive?

A common misconception is that stepparent adoption is only allowed when the other biological parent has passed away. This isn’t necessarily true. New Jersey adoption laws simply require you to terminate the other parent’s rights before proceeding with the adoption.

There are a few ways to go about this. The easiest option is simply having the biological parent sign away their rights. If the biological parent doesn’t consent, you can move to have their rights terminated. Typically, you will need to show the court that the biological parent isn’t fulfilling basic parental responsibilities. You can get a termination if the biological parent has abandoned the child or if they have been abusive or neglectful.

Is Stepparent Adoption Easier or Harder Than Regular Adoption?

Other than the hassle of having to deal with a nonconsenting biological parent, stepparent adoption is fairly straightforward. Unlike other forms of adoption, you are usually already caring for the child, and the child will also typically be living with one of their other legal parents. Therefore, the state has fewer tests you have to pass.

You do not have to undergo a lot of parental training courses or have your house pass a rigorous inspection. You also don’t have to meet financial requirements or pay agency fees. This makes the whole adoption process a lot easier. Instead of having to deal with months of waiting and tests, adoption mostly just consists of filling out some standard paperwork with a New Jersey adoption lawyer and submitting it in court.

Understanding the Steps of Stepparent Adoption

When you’re adopting a stepchild in New Jersey, the whole process is fairly quick. In most cases, adoptions are finalized within a couple of months. The first step in the process is terminating parental rights. Depending on your situation, this might just require signing a few documents, or it might involve getting a New Jersey adoption lawyer to arrange a court hearing.

The next step is passing a background check. The stepparent will need to submit themselves to an official check from the state’s Division of Child Protection. Having a criminal past won’t necessarily disqualify you. You’ll only fail the check if it reveals you have a history of harming children or otherwise behaving in a way that shows you’re unfit to be a parent.

Finally, your adoption attorney will help you schedule an adoption hearing with the court. You’ll visit the court to formally petition to adopt the child. If the child is over 10, they’ll need to be present and verbally consent. Once the court approves your case, the adoption will be finalized.

If you’re considering a stepchild adoption, Cofsky & Zeidman can help. We provide family law services to people throughout Haddonfield, Woodbury, and surrounding areas. Call 856-429-5005 or fill out our contact form to schedule a consultation.

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