Greg Sutphin

Who Can Adopt and How in New Jersey?

New Jersey Adoption Lawyer

When you are interested in adopting a child in New Jersey, it’s important to be aware of the responsibilities and the rights afforded to you, as well as what to expect in an adoption home study. The stages of an adoption are many, and they can also be complex if you don’t have an attorney working for you. When you get legal insight early on in the process, however, you’ll feel more confident with each step.

A proper understanding of the process in advance after speaking directly with your New Jersey adoption attorney can give you better peace of mind about the complexities of the process. An adoptive parent must be 10 years older than the child scheduled to be adopted and be age 18 or older.

A married individual can petition the local court to adopt a child with written consent of his or her spouse, if living separate apart from his or her spouse or jointly with the spouse named in the same case. If the prospective parents do not live in New Jersey at the time, they can still adopt within the state if the child is born in NJ or if they worked with a New Jersey licensed adoption agency.

What are the Rights and Responsibilities of an Adoptive Parent in NJ?

Certain requirements established under New Jersey law enable certain rights and duties afforded to adopted parents. New Jersey laws were written to demonstrate that intended adopted parents are fit and suitable for a child.

After the adoption process is started, an adoption home study will be scheduled. This is the formal assessment from an approved agency to determine the readiness and the capacity of any prospective adoptive parents, including the agency’s recommendations and written report. The primary basis for the home study is to figure out whether or not the prospective adoptive parents are capable of providing a nurturing, healthy and safe environment for a minor.

In addition to visiting the intended parents’ home directly, the home study might also include interviews with prospective parents and others living in that same home, review of references from the prospective parents – including personal references and employers, verification and employment and income, and health assessments of the parents.

Before a placement can occur in the state of New Jersey, a thorough home study assessment needs to be completed. This needs to be done for all private adoptions done on an interstate basis as well. Families that are looking to adopt a child who is currently in state custody will have to go through a more comprehensive education and home study process.

Any adoptive family that will ultimately finalize their adoption through the courts within New Jersey will also have to undergo criminal background checks with your individual state of residence and the FBI. Child abuse registry checks are also completed through your current state of residence and any location in which you or the other adopted parent have lived in within the last five years. It is strongly recommended to work with an experienced New Jersey adoption attorney whether you intend to adopt domestically in private placement or through a private agency adoption. The right attorney can provide you with further insight about how the home study works and what you can do to prepare.

Given that this a nerve wracking and exciting time for the adoptive parents, the insight of a lawyer who is dedicated to working for your best interests, can be extremely valuable. To get your questions answered promptly, schedule a consultation with an experienced New Jersey adoption lawyer today.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail.

How to Choose the Right Professional or Adoption Agency to Assist You

Choosing an Adoption Agency

When you or you and a partner intend to adopt a child, you need to select the right people to support you throughout the process. This can be an overwhelming and complex procedure if you are not familiar with how to proceed.

What to Look for in Putting Together a Team for Adoption

The right adoption professional in conjunction with the other people you use to support your growing family such as an adoption attorney can make a significant impact over how you feel about the experience and your ability to move through the process with minimal stress and confusion. Furthermore, finding the appropriate adoption professional to work with you can increase your chances of a powerful and positive adoption experience.

Whether you are working with an adoption attorney, an adoption agency or a facilitator for adoption, the right professional can help you avoid risks of adoption such as scams and disruption. There are thousands of different adoption agencies across the country, but there are certain steps you can follow to ensure you are working with the right one.

The first step is to engage in research. Remember that how you choose to adopt will require different adoption professionals. Make sure you begin making phone calls and call around until you find someone you are confident in working with. You should also be highly prepared for adoption interviews.

Be Prepared with What You’ll Need to Provide

Certain adoption professionals might ask you direct questions about your personal history, finances, lifestyle, health, career, and education. It may be hard to disclose this information over the phone, but remember that it is part of the adoption process. This is also a chance for you to interview the professional you are thinking about working with. Do this by asking questions.

Know the Fees Upfront for Adoption

Getting the critical information such as how much it will cost and when these fees are due can give you a better overview of what to expect. One powerful way to ensure you are working with the right adoption professional is to look for a positive proof.

Make Sure You Read Reviews

Start looking for reputable reviews of adoptions, whether successful or unsuccessful.

Third party validation associated with the adoption professional you are working with is highly valuable to ensure that you are being discriminating enough to find the right person. This process is known as doing your due diligence. Just as the adoption professionals will be looking carefully at you and your loved ones as you move through the process, you need to ensure you have selected the right person to work with you. You can:

Check directly with better business peers to see if complaints have been lodged against the organization.
Join parent support groups to find previous clients of the agencies you are looking into.
Review online comments and testimonials about the company.

There are also warning signs to be aware of as you move forward with an adoption. First of all, does what the company offer seem too good to be true or do they have no affiliations with other reputable and other professional organizations? If the company engages in questionable behavior like asking for the fees to be paid upfront or refusing to provide you with an itemized list of what’s required from you over the course of the process, you may wish to avoid working with this particular adoption professional. The right adoption attorney is a significant benefit to you as you go throughout the process to minimize your own stress and anxiety.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail.

When Should You Tell Your Child about Adoption?

Among adoptive parents, it’s common to feel a great deal of anxiety about the whole idea of telling your child that he or she was adopted. Accordingly, it can be easy to ignore the issue. But it’s never a good idea to choose not to tell your child. But when should you start talking about it? The best answer—as soon as they start asking about it and no later than middle childhood. Though there’s no hard and fast rule, as every situation is different, your child should know about the adoption before he or she starts middle school or junior high, but preferably much sooner.

The First Questions

It’s not uncommon for children to start asking questions about babies long before they start school. This can be the ideal time to start an initial introduction to the idea of adoption. Children don’t have any expectation that they must have come from your womb, so it doesn’t have to seem wrong or unusual that they were born to someone else, but are a part of your family.

The first discussion may be nothing more than “babies are born to women” and “you were not born to us.” You may also say that many children don’t live with the parents to whom they were born. Your child may or may not ask questions—let them. Try as best you can to answer the questions honestly, using simple and direct language. Let your child know that his birthparent loved him, but was unable to take care of him. Also tell him how much you wanted him. You can also talk a little bit about the process of bringing him home.

When Your Child Goes to School

Once your child starts school and starts to socialize on a regular basis, things will change dramatically. Your child will have greater exposure to other children and their families, and, if you haven’t talked about the adoption, may start to sense that he or she is different. In addition, your child will quickly learn to pick up cues from you and others, things they may not have noticed or understood before, that will cause them to wonder about themselves. Parents of their friends may unwittingly disclose the adoption to their children, so that your child becomes the target of taunts or learns of the adoption from someone else.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail.

What You Need for a Home Study

The Documents You Need for a Home Study If you plan to adopt a child, you need to prepare for a home study. As a part of the home study, you’ll be asked to provide certain documents and clearances to the case worker. You may also need to address any potential safety issues in your home. This blog looks at what you’ll have to provide and the things you’ll want to do to fully prepare for the home study.

Clearances Required

Before the process can move forward, you must obtain a number of clearances regarding your behavior. Typically, the case worker will require that you submit to a criminal background check. You’ll also have to be cleared of any child abuse or neglect charges in the past five years. An FBI clearance and a sex offender clearance are also mandatory.

Documents You Must Provide

The case worker will require a number of documents to gather complete information about your health, finances, parenting style and reasons for adopting. You can expect to be asked to provide the following:

Drivers license and birth certificate for all residents of the family home
Social Security card
Marriage certificate, if applicable
Divorce decrees, if applicable
Prior adoption orders
Military discharge papers
Immigration documents, including visa or green card
Financial information, from verification of employment to tax returns, as well as proof of insurance on home, life and vehicles
Health records, including a statement from a licensed physician regarding the heath status of all residents of the family domicile
Passports and immunization records, if adopting internationally
Statement of personal history
Parenting plan
Pet records

Household Safety Concerns

During the home visit, the case worker will look for potential health or safety risks posed to the child. Accordingly, you’ll want to be prepared to show the following:

All doors and windows have secure screens and locks
You have gates at the top of any stairs
All medications, cleaning products or toxic materials are locked up or out of the child’s reach
All outlets have covers
You have everything necessary for a first aid kit
Your smoke and carbon monoxide detectors are properly placed and functional
You have a working fire extinguisher in the house

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Preparing for Your Home Study

Preparing for Your Home Study Though there are many different approaches to adoption—domestic and international, open and private, agency and stepparent—one of the constants with all adoptions is the home study. The home study will cover many aspects of your life, from your personal history and background to your financial status, your health and your parenting skills and experience. At some point during the process, you can expect a visit in your home, as well as an interview.

It’s important to understand, though, that you don’t have to be a passive participant in your home study. In fact, the more involved you are, the better prepared you’ll be. Here are some tips for making the home study process as easy as possible.

Know Why You Want to Adopt

There are many good reasons to adopt. When you are preparing for your home study, stop and think about why adoption is important to you. You can expect that the subject will come up during your home study and if you’ve put some thought into it in advance, you’ll be more relaxed and better able to communicate why you want to adopt.

Choose a Home Study Provider Who’s Close to You

If you are working with an agency, they will most likely be able to complete the home study. But you don’t have to use them. If you are adopting internationally and using an agency located in another state, you can still have the home study done by a local person. In addition, if you are adopting internationally, make certain the home study provider is Hague accredited.

Complete All Paperwork before the Home Visit

As part of the home study, you’ll have a number of forms to fill out, as well as a number of documents to provide. Gather the required information, complete the forms and compile them together in a folder or envelope.

Make Certain Your Home is Safe for a Child

Your home doesn’t need to be fully child-accessible by the time of the home visit, but if you have a pool or other safety risk, you should either have taken safety precautions or be able to explain what safety precautions will be taken. Note that it’s not essential that you have a completed nursery or even a separate room for the child at the time of the visit, but you’ll want to be able to show where the child will sleep, play and eat.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

How Long Can You Expect the Adoption Process to Take?

If you are considering adoption, you want to have a good idea of how long the process will take, start to finish. This blog looks at the whole process, and gives you a good estimate as to how much time each step should require.

Step One—Educating Yourself about Adoption/Choosing the Type of Adoption

The adoption process is complex, with a variety of options. You should take at least a month, and maybe as much as three months, to read about the different ways to adopt. You may also want to join an adoption support group, or attend an informational meeting at a local agency.

Once you feel sufficiently informed, you can make a good decision about whether you want to adopt domestically or internationally, whether you want an open or a closed adoption, or whether you want an agency or private adoption.

Step Two—Choose Your Agency or Facilitator/Begin Looking for a Child

If you’ve decided to use an agency, take the time to interview at least three different providers. The same principle applies if you plan to use an adoption attorney.

Once you’ve secured an agency or attorney, it’s time to start looking for a child. An agency will do this for you. With an attorney, you may get some assistance, but you may also need to be proactive about identifying sources for a prospective child. During this phase, you’ll be putting all the measures in place to find a child, but don’t expect to successfully complete that within six months. It’s possible, but can often take longer.

At this point in time, it’s also a good idea to put together a budget for the adoption.

This part of the process should take no more than six months.

Step Three—Complete the Requirements to Adopt

This part of the process includes the completion of the home study, the preparation of a profile for expectant mother review, and the preparation of all immigration and visa documentation, if you plan to adopt internationally. Expect this part of the process to take six to nine months.

Step Four—Complete the Adoption by Bringing Your Child Home

At this point, it’s a bit of a waiting game. With an international adoption, you are waiting for your referral, which provides you with preliminary information about your child. In a domestic adoption, you are waiting for a birthparent to choose you based on your profile. Depending on a variety of factors, this part of the process can take anywhere from nine months to two years.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.
Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

The Financial Costs Associated with Adoption

If you’re considering adoption as a way to build or create a family, one of your first concerns will likely be the potential cost of the adoption. This blog provides an overview of the typical expenses involved in various types of adoption proceedings.

The Domestic Adoption of an Infant through an Agency

With the domestic adoption of an infant, a pregnant birth mother chooses the adoptive parents, typically from profiles submitted to an adoption agency. The parties can be matched up at any time during the pregnancy, and the costs can vary based on when the adoption process is initiated. In most instances, the adoptive parents agree to pay for certain expenses of the birth mother, including medical costs. According to statistics gathered nationally, the average cost of a domestic infant adoption is between $20,000 and $40,000, which includes the cost of a home study, as well as medical expenses and foster care for the child.

A Private Infant Adoption

If you are able to adopt without the intervention of an adoption agency, you can dramatically reduce the overall costs. In this type of adoption, prospective adoptive parents work directly with adoption attorneys and medical professionals, or use means other than adoption agencies to locate potential children to adopt. The adoptive parents will typically pay some expenses on behalf of the birth parent, but don’t pay any agency fees. Accordingly, the cost can be as little as $15,000, equally split between attorney fees and medical expenses. On the high end, these adoptions can cost upwards of $35,000.

International Adoptions

The costs of an international adoption can vary dramatically, based on the country from which you adopt. Many countries require that you travel there to complete some aspects of the adoption, and some even require multiple visits. Experts put the total costs at $25,000, to $50,000.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Common Myths about Domestic Adoption

If you are looking to start or build a family, and you’re either having difficulties conceiving or you just want to give a good home to a child in need, you’ve probably given a lot of thought to the domestic adoption process. At the same time, though, you may have heard a lot of rumors or misinformation about the availability of children, the costs or the time it takes to complete the process. This blog looks at some of the most common misconceptions about domestic adoption.

It Takes a Long Time to Finally Get a Child

You’ll often hear stories of couples who waited “years” before they were finally able to have a family through adoption. Though every situation is different and takes a different amount of time, the average domestic adoption usually takes between 8 and 15 months. Compare that to an international adoption, which averages 12-14 months, and there’s not much difference. The timeline for a domestic adoption includes the time it takes to complete a home study, as well as any time required to obtain court or state approval.

Domestic Adoptions Are Expensive

Undoubtedly, there are costs associated with a domestic adoption, unless you are adopting a child through a state foster care program. You may have the expense of traveling and living in another state until court approval for the adoption is obtained, but you won’t have the costs of foreign travel associated with international adoptions. There are ways, however, to defray and subsidize the costs, including tax credits and grants.

There Aren’t Enough Potential Adoptees for All the Parents Who Want to Adopt

Officials estimate that there are more than 100,000 children currently in foster care who are eligible for adoption. A big part of the problem is that most adoptive parents want infants, and only want to be paired with biological mothers who are pregnant, so that they can take the infant home from the hospital.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

The New Face of Adoption

Many Stereotypes Now a Thing of the Past

Have you wanted to adopt a child, but find yourself outside of what you consider the common demographic for an adopting parent? Maybe you are single or have a physical disability that limits your mobility. Maybe you’re gay or black, and afraid you’ll be discriminated against in the adoption process. Maybe you’re a little older and worry that an adoption agency will give priority to a young couple. There’s good news…many of the stereotypes that have long been pervasive in the adoption process are rapidly falling away. Instead, agencies are focusing more on placing children in situations where they can thrive. Here are some factors that no longer are an impediment to adoption:

Sexual orientation—Most adoption agencies will place children with a same-sex couple or with a gay parent
Disability—There are provisions in the Americans with Disabilities Act (the ADA) that provide protection to disabled individuals who want to adopt
Marital status—It’s rare anymore that an adoption agency will discriminate against a single parent
Age—Most age barriers are informal and agencies will ignore them if the adoption is in the best interests of the child. These tend to be ideal situations for older children in need of adoption.
Gender—Many men believe that they are less likely to successfully adopt a child, but that practice is rapidly changing
Race—It’s fairly common now for agencies to place children with parents of a different ethnicity
Socioeconomic status—Though adoption is still a potentially expensive process, there’s no requirement that you own your own home or that you have a specific income level. In addition, there are tax incentive, grants and other ways to defray the costs of an adoption.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

The International Adoption Process—Getting Started

If you’ve decided to pursue adoption as a way to build or start a family, pursuing a child internationally can be a great option. In many countries, the process is extremely stream-lined, with fairly predictable timelines, so you have a pretty good sense of when you’ll have a child. In addition, once you’re home with your child, there’s almost no possibility that you’ll ever run into the birthparents, or that your child will want to seek them out.

But there are some unique components to the international adoption process. Here’s what you can expect to get the process moving forward.

Immigration Documents that Need to Be Completed

Before anything happens, you’ll want to complete and file both the Form I-600a (Application for Advance Processing of Orphan Petition) and the Form I-800a (Application for Determination of Suitability to Adopt a Child from a Convention Country). These forms are filed with the United States Citizenship and Immigration Services (USCIS). Once you have submitted these forms, you will be investigated by the USCIS and will be fingerprinted. You’ll also want to obtain or update your passport, if necessary.

Once these requests are approved, you’ll receive an I-171/I797H letter, which gives your adopted child permission to legally enter the United States. The embassy in the country from which you will be adopting will also be notified of your impending adoption. You should also receive your referral (information about the specific child proposed for your adoption).

If you accept the referral, you’ll then have two more documents to complete before you can pick up your child—the Petition to Classify Orphan as an Immediate Relative, and an Affidavit of Support, showing how you will provide for the financial needs of the child.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Contact Us

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Main Office

Phone: (856) 429-5005

Woodbury, NJ Office

Phone: (856) 845-2555

Philadelphia, PA Office

Phone: (215) 563-2150