Archives for June 2023

The Benefits of Adopting Your Stepchild

Why You Should Consider Adopting Your Stepchild

Many couples are pleased to learn that adopting their spouse’s child from a previous relationship is possible. Families that opt for stepparent adoption will join approximately 750,000 other families in which a spouse has adopted a stepchild in the U.S. One thing that is important to know is this process is not necessarily easy. Being a stepparent involves co-parenting your spouse’s children and is an incredible responsibility.

What Are the Benefits of Adopting a Spouse’s Child?

One of the most important things to remember is that stepchild adoption provides extra legal protections. Stepparents who adopt stepchildren have recourse to many of the benefits of biological parents:

  • A stepparent can raise the stepchild as if they were their own after the death or incapacitation of the other parent.
  • Stepparents can provide the same financial support available to a biological child.
  • Adopting a stepchild can put the adoptee on equal footing with other children for inheritance purposes.
  • Adopting a stepchild is one of the strongest ways of showing acceptance of the relationship with the child.
  • Taking this step is often one of the best ways to strengthen relationships within a blended family.

Are There Special Considerations When Adopting a Stepchild?

A New Jersey adoption attorney can advise you about the requirements for adopting a stepchild. There are some precise requirements under state law.

First of all, the stepparent and biological parent must be in a legal marriage. A stepparent must be at least 18 years old and at least 10 years older than the child.

Children over 10 years old must give consent to the adoption. In addition, the child must attend the hearing in these circumstances.

Must the Other Parent’s Rights be Terminated?

The process of how to adopt a stepchild in New Jersey does involve the non-custodial parent’s rights having been terminated. Although the other parent may terminate their right voluntarily, this process may also be involuntary.

Non-custodial parents who opt to give up their rights must sign appropriate documentation. Sometimes, circumstances don’t allow biological parents to voluntarily surrender their rights.

If the biological parent cannot be found and if there is a court order affirming this status, their rights might be terminated. Parents convicted of abandoning, abusing, or neglecting a child may lose their parental rights. Child cruelty convictions may also result in parents losing their rights.

Courts will require testimony attesting to why a child would benefit from the parent losing their rights. Failure to comply with the Division of Child Protection and Permanency’s guidelines may result in parental rights termination.

What Is the Process for Adopting a New Jersey Stepchild?

A stepparent must pass a background check before adopting their stepchild. After the stepparent completes this step, the New Jersey adoption attorney can help them prepare for the hearing.

The hearing allows the judge to determine whether to grant the petition to adopt the stepchild. If granted, the stepparent will have the same full legal rights as a biological parent.

What If the Couple Later Divorces?

An adoptive stepparent has the same responsibilities and duties as the biological parent. If a couple divorces, the courts will treat the situation the same as if both parents are biological parents.

A stepparent may sue for custody or visitation rights in a divorce if they have adopted a stepchild. Paying child support might also be necessary if the couple divorces.

Can Stepchild Adoption Be Handled Out of Court?

All adoptions occur within the court system for the children’s protection. This process is sometimes complicated, even when the other parent opts to terminate their rights.

The adoption process isn’t usually fast and may have complications along the way. However, a prospective adoptive stepparent who understands the process and can effectively advocate for adopting their stepchild may enjoy better chances of success.

If you are interested in adopting your stepchild in New Jersey, contact our Haddonfield law firm at (856) 429-5005.

The Differences Between Gestational Carriers and Surrogates

Understanding the Difference Between a Gestational Carrier and Surrogate

Many parents welcome new members to their families through the gift of surrogacy or by using a gestational carrier. These two terms are often confused, and for a long time, laws did not distinguish between the two. However, there are distinct differences between them regarding the genetic connection of the child as well as potential custody agreements.

What Is a Surrogate?

Though the term for someone else carrying your child is “surrogacy,” it doesn’t mean that everyone who carries a child for a couple is technically a surrogate. Instead, a surrogate is a person who both carries the child in question and is the biological mother of them; that is, surrogates provide eggs themselves and, therefore, are directly connected to the child biologically. Couples may use their own genetic material for a surrogate to become pregnant, but they can also use a sperm donor.

Because of the genetic connection, surrogates may be able to make a custody claim, which stands in contrast to gestational carriers. To prevent this, some states allow parents to submit a pre-birth order (PBO) to the court having jurisdiction prior to the birth of the child. The PBO includes signatures from the surrogate and her attorney stating that the surrogate will waive her rights to parentage of the unborn child upon its birth and it will be legally recognized as the child of the intended parents. Basically, a PBO allows the parents to adopt their child before birth instead of having to wait for the infant to be born.

Surrogates also go through more screenings than gestational carriers, including psychological and physical health exams. Some states, like New Jersey, do require screenings for carriers, but when it comes to screenings for surrogates, the reason is simple: genetics.

What Is a Gestational Carrier?

In contrast to a surrogate, a gestational carrier does not have any genetic link to the fetus they carry and birth. They receive fertility treatment to become pregnant with the child, using an egg either provided by the couple or donated by a third party.

Once they become pregnant, they carry the child throughout the course of the pregnancy on behalf of the legal parents. Without any genetic connection to the child they’re carrying, though, gestational carriers have no claim to that child whatsoever — the carrier cannot attempt to claim custody, although they may still sign a PBO. Gestational carriers are actually more common in surrogacy than surrogates themselves.

Other Differences

As there are fundamental differences between surrogates and gestational carriers, laws across the United States treat them differently as well, which is crucial to be aware of if you are considering surrogacy. New Jersey law, for example, does recognize gestational carriers. However, it is permitted in the Garden State only if there is no compensation involved (other for reasonable costs such as housing, food, legal fees, counseling services, and medical bills) and there is no pre-birth agreement to surrender the child. You can speak with your New Jersey adoption lawyer to learn more about the state’s position on these matters, including the New Jersey Gestational Carrier Agreement Act that was enacted in 2018.

Making the Right Choice for Your Family

The personal decision to work with a surrogate or gestational carrier falls to the couple, but it can be helpful to learn more about the legal process with an attorney.

Most individuals want to avoid the adoption process with a traditional surrogate, so they opt for a gestational carrier instead. However, there are many fertility and adoption clinics that work with reputable surrogates who help bring the miracle of a new child to New Jersey families with no issue. Both forms of surrogacy have their merits, making it all the more important to know the differences.

You may decide to speak with a New Jersey adoption lawyer to explore your options and learn more about the process. If that is the case, contact Donald Cofsky at Cofsky & Zeidman today to schedule a consultation. You can reach our office in Haddonfield by phone at 856-429-5005 or by completing and submitting the contact form on our website.

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