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.
