Archives for May 2024

Some Information About Adopting a Stepchild

Adopting a Stepchild in New Jersey

When stepparents in New Jersey and around the country go through the formal adoption process, they establish secure and protected legal relationships with their stepchildren. This means that they have all the rights and responsibilities of biological parents. Adoption also ensures that all of the children in a blended family feel equal. An adopted stepchild has a right to inherit assets from their stepparent even if the latter dies intestate, and they also qualify to receive Social Security survivor benefits. There are many reasons to adopt a stepchild, but the process can be difficult.

New Jersey Adoption Laws

The law in New Jersey establishes several requirements that must be met before a stepchild adoption can be formalized. These requirements include:

  • The stepparent must be legally married to one of the stepchild’s biological parents.
  • The stepparent must be 18 years of age or older.
  • The stepparent must be at least 10 years older than the stepchild.
  • The noncustodial biological parent must either relinquish their parental rights or have had their parental rights terminated.
  • If the stepchild is 10 years of age or older, they must consent to the adoption.
  • If the stepchild is 10 years of age or older, they must attend the adoption hearing.

Obtaining Consent From the Noncustodial Biological Parent

Obtaining a noncustodial biological parent’s consent to adopt a stepchild is not always easy. Noncustodial biological parents are sometimes willing to provide consent because adoption will terminate their parental responsibilities, which means they will no longer be required to make child support payments. However, if the child’s biological parents went through a contentious divorce, consent may be withheld out of malice. In these situations, the court may decide that the noncustodial biological parent’s consent is not required.

The Best Interests of the Child Doctrine

When judges are called upon to make decisions in matters involving minor children, they follow what is known as the best interests of the child doctrine. In a stepchild adoption hearing, a judge may terminate a noncustodial biological parent’s parenting rights if they:

  • Cannot be located
  • Have abandoned the child
  • Have been convicted of child abuse or neglect
  • Engage in behavior like drug use that would place the child in jeopardy

A judge may also terminate a noncustodial biological parent’s parenting rights if none of these factors are present and if he or she believes that completing the adoption would benefit the child. Adoption hearings can be difficult for all of the parties involved, so it may be wise to have an experienced New Jersey adoption attorney advocating on your behalf if you plan to adopt a stepchild.

The Adoption background Check

Before a petition for adoption is granted in New Jersey, a background check is conducted on the adopting parent. The adopting parent’s state and federal criminal history is checked, and particular attention is paid to offenses involving children or drug or alcohol abuse. The approved agency that conducts the background check also gathers information about any domestic violence or child abuse incidents. Background checks are conducted to ensure that stepparents are fit and able to assume parenting responsibilities and provide judges with the information they need to make decisions that are in the best interests of the child.

Legal Assistance With New Jersey Adoptions

The legal process for adopting a stepchild in New Jersey can seem daunting, but the rules are necessary to protect children and parents. Cofsky & Zeidman has more than 25 years of experience in this area, and Donald Cofsky is one of New Jersey’s most respected adoption lawyers. If you would like to schedule a consultation in New Jersey to discuss adopting a stepchild, you can call our Haddonfield or Woodbury offices toll free on (856) 429-5005. You can also schedule a meeting with a New Jersey adoption attorney by completing our online form.

The New Jersey Safe Haven Infant Protection Act

How Does the New Jersey Safe Haven Infant Protection Act Work?

According to national statistics, incidents of child abandonment in public places rose by more than 60% in the 1990s. In 2007, New Jersey enacted a law to provide a safe and compassionate manner in which to relinquish a child. New Jersey adoption lawyers report that this law has saved the lives of at least 90 infants since then.

What Is Deemed to Be a Safe Haven?

The New Jersey law is designed to provide a safe haven for both the infant and the parent(s). There are women and couples, often young ones, who are confused, desperate and scared. Those emotions may lead them to rash decisions, such as leaving an infant in an unsafe place.

Rather than abandon the infant, they can bring the child to a safe haven. The baby must appear to be no more than 30 days old. No advance notice is required. The safe haven locations are available 24 hours a day, seven days a week, and a person can surrender a child with any:

  • Hospital
  • Ambulance
  • Fire station
  • Police station
  • Rescue squad

The Process Is Both Legal and Anonymous

The safe haven is not only available to parents; it is an option for anyone acting on their behalf as well. Furthermore, it is legal. There is no potential for charges against the parents or their advocates. It is also anonymous. No one has to provide any information at all. In fact, the law specifies that the person taking the baby in an official capacity cannot ask any questions. The law does ask that they provide an official questionnaire and that they stress that completing the questionnaire does not compromise anonymity or any of the legal protections. The staff may also offer medical treatment and social services as needed.

The Process Is Safe

The safe haven also gives parents and their advocates peace of mind. When you surrender a child in this manner, you do so knowing that the New Jersey Department of Children and Families (DCF) will take possession of the infant. The DCF will then take the necessary steps to place the child in a pre-adoptive or foster home.

Volunteered Information

The person dropping off the child can volunteer information, such as their name or the name of the child, but only if they choose to do so. The reason the law requires representatives not to request information is that a person gives up their right to anonymity when they provide these details. When that happens, the state is now compelled by law to search for the child’s relatives in the event they have parental rights or want to adopt.

Limits to the Legal Protection

There are limits to the legal protections that the law provides. If there is evidence of harm to the baby, the person acting in an official capacity is required to document it, seek medical treatment and involve the police. The police will then open an investigation. If, for instance, the police later determine that the person who surrendered the baby was responsible, that person would be charged and not have safe haven protection in that regard.

What If There Is a Change of Mind?

The law also established a reunification program. Anyone with parental rights to the child or who is related to the child and wants to regain or claim custody can. To do this, they can call the Safe Have Hotline at 1-877-839-2339. Note that there are limitations to how long you have to do this based on how far along the adoption process is. Parents and relatives will have at least 48 hours from the time that the infant was surrendered.

Do You Have Questions About Safe Haven Infant Protection?

Cofsky & Zeidman has many years of experience navigating adoptions and related matters in New Jersey as well as in the Philadelphia area. If you have questions concerning the Safe Haven law and your rights, we would like to help. To schedule a case review with a New Jersey adoption lawyer, call our Haddonfield office at (856) 429-5005, or contact us online.