Archives for August 2024

What You Need to Know about New Jersey’s Adoption Laws

New Jersey Adoption Laws and Regulations

More than a hundred thousand children in foster care were eligible for adoption in the United States as of 2021. Whether you are looking to adopt or wishing to place a child for adoption, there are some things you’ll want to know about adoption laws in New Jersey.

What Are New Jersey’s Adoption Laws?

New Jersey has rules and regulations concerning who can adopt a child. Some of them also protect birth mothers.

Both Parents Have to Agree to the Adoption

In New Jersey, both parents (if a married couple is adopting) need to agree when looking to adopt a child. The reason is simply to ensure the child is wanted. Conversely, both parents need to agree to the adoption when giving up parental rights. The birth mother and father need to consent or waive their right to do so. If a birth father isn’t known, an adoption agency can attempt to contact potential birth fathers. They will communicate with the potential fathers to reduce stress.

When a new baby is born, the birth parents have 72 hours to consider the decision before the adoption can happen. More time can be given if necessary or requested. The purpose here is to make sure both parents wish to give the baby up for adoption.

Adoptive Families Can Help With Birth Expenses

Pregnancy and birth expenses can be covered by the adoptive family if the birth mother does not have the financial resources for such expenses. Adoptive families in New Jersey can cover pregnancy expenses starting in the fourth week. They can also cover birth costs and adoption-related costs as well if the birth mother is unable to do so. This includes legal costs if a New Jersey adoption attorney is involved.

Who Can Adopt in New Jersey?

In New Jersey, adoptive parents must be at least 18 years of age and at least 10 years older than the child they wish to adopt. Also, prospective adoptive parents need to pass a home study. This applies to both in-state adoptions and ones where the adoptive parents are from another state. A home study normally includes:

  • A visit to the adoptive parents’ home
  • Interviews with the adoptive parents
  • A criminal background check
  • Interviews with anyone else who lives in the home
  • Interviews with employers
  • Interviews with character references (which may be done by phone or in person)
  • Proof of income

These requirements apply even if the adoptive parents already have children. These laws are meant to protect the child and give the birth mother added peace of mind. The home study process also includes 27 hours of training for prospective adoptive parents. Topics covered include dealing with loss and handling basic parenting duties or responsibilities.

After a successful home study is completed, the adoptive parents must be approved by the Office of Licensing. This step involves another visit to the home by a license inspector. Approval for adoption normally occurs after a successful license inspection. If the child is not a newborn, they will have a chance to express their feelings about the potential adoption as well if they are old enough to do so. Even if a newborn is requested, it may take time for one to become available through the adoption process since this is a popular request. The state has a database of waiting children who are older and looking to be adopted.

The Adoption Agency May Have Additional Requirements

Adoption agencies in New Jersey may have, for example, an extra screening process or a more detailed one. Some agencies are religion-based, and they may limit their adoptions to traditional married couples. Other agencies are broader when it comes to who can adopt through their agency. Do some checking ahead of time to see what applies to the agencies you are considering.

Learning More About Your Birth Parents

New Jersey makes it easier for adopted children to learn more about their birth parents when they turn 18. Adopted children now have the legal right to obtain their birth certificate. New Jersey has a database for children of adopted parents to find contact information for their parents or birth mother. However, the birth mother has the right to request that they not be contacted by their child. Birth mothers or both parents can change this information if they change their minds later and wish to be contacted.

Contact Cofsky & Zeidman today to talk to a New Jersey adoption attorney for assistance with the adoption process. We have offices in Haddonfield and Woodbury.

The Latest Advances In In Vitro Fertlization

The Latest Innovations in IVF and the Challenges

The science of in vitro fertilization (IVF) continues to progress and increase success rates to above 20%. Still, many New Jersey adoption lawyers note that research could be proceeding at a much faster rate. The problem is that research is limited in the U.S. not only by old legislation but by laws that vary between states.

IVF

IVF involves a series of procedures that can lead to pregnancy. The particular series of procedures employed depends on the individuals involved and the reproductive challenges they face. The first use of IVF was in 1978. By 1991, the success rate was 8 percent. Lab and clinical advancements have increased that success rate to 22% as of 2021.

Slow Rate of Research

IVF was a heavily stigmatized area of reproductive medicine in the 1980s and 1990s. It was also highly politicized, and lawmakers based their opinions on the stigma of the time. That stigma has largely subsided in Western culture. Still, researchers are operating under those laws established more than 30 and 40 years ago. Further complicating matters in the U.S. is that those laws vary from state to state. Embryo research is only explicitly legal in five states and legal subject to limitations in 13 other states, including New Jersey.

Modern Research Shows Promise

Limited access to embryos has shifted much research to the peripheries of IVF. Some studies focus on using nutritional supplements and sound waves, for instance, to activate lethargic sperm rather than the core IVF methodologies. Scientists warn that many of these solutions make it to the marketplace with limited research. Despite that low signal-to-noise ratio, there are notable improvements in the field. One involves using artificial intelligence (AI) to select the embryos most likely to succeed. Another is in vitro gametogenesis (IVG), which can transform normal cells into reproductive cells.

AI

The use of AI to select embryos is among the most exciting frontiers of IVF. Embryo selection is currently a time-consuming and imperfect process that requires a clinical embryologist to make selections based on morphology and their individual experience. There are now AI models that greatly reduce the time required, eliminate subjectivity, and increase success rates. These models can also benefit from the collective experience of all embryologists. One of the core ethical concerns is the “black box” nature of AI and having these models select the embryos that will become children. This is certainly something we will have to work through as a society and create laws to protect against misuse.

IVG

IVG is a process through which scientists can transform somatic or “normal” cells into gametes or reproductive cells. Through IVG, it is possible to create an artificial sperm and an artificial egg and then combine them to create an embryo. It would make it possible for practically all couples to procreate, including same-sex couples. While IVG will be possible eventually, it is still in its early stages. In addition, there are some ethical concerns as well. It does, for example, open up the possibility of creating a child through the unauthorized use of genetic material.

Enhancing Success Rates

There has also been great progress in improving success rates on an individual level. The most important factors include maintaining a moderate body mass index, eating a balanced diet, taking folic acid as a supplement, and regular moderate exercise. Those trying to get pregnant should manage their stress levels. Tobacco and alcohol use is known to lower success rates. IVF experts also recommend getting vaccinated and avoiding chemicals like pesticides.

Do You Need a Reproductive Law Attorney?

If you want to expand your family through IVF, the law office of Cofsky & Zeidman encourages you to meet with an experienced lawyer. Donald Cofsky is a New Jersey adoption lawyer and a charter member of the American Academy of Assisted Reproductive Technology Attorneys. He has personally assisted more than 1,500 families, including cases involving IVF and surrogacy. To have him take a look at your situation, contact us online, or call our Haddonfield office at (856) 429-5005.

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