SCOTUS Rules on Non-Native Adoptions

Understanding the Recent SCOTUS Ruling on Native American Adoptions

Native American children are four times more likely to end up in foster care, so many adoptive families end up including Native American people. However, there are a lot of controversies around how these cases are handled. A recent ruling by the Supreme Court of the United States has helped to clarify how certain adoption laws work.

Supreme Court Upholds Adoption Law Giving Native Americans Preference

In June 2023, the Supreme Court finally resolved an issue that has been hotly debated for several years. The case started in 2016 when a Texas family attempted to adopt a child they were fostering, but the child was eventually adopted by a Native American couple instead. This happened because of a 1978 law, the Indian Child Welfare Act (ICWA), that says Native American children will go to Native American adoptive families whenever possible. The ICWA was meant to address the historic issue of Native American children being taken from their families and prevented from learning Native American culture.

 

Because of the controversial situation, a lawsuit was filed by the state of Texas and three non-Native American families against the United States Department of the Interior. The plaintiffs said that the ICWA discriminates against non-Native Americans and that the federal government overstepped its bounds by creating a law that governs how adoptions work.

 

The Supreme Court voted 7-2 to uphold the ICWA. The justices based their ruling on several grounds including the plaintiffs’ lack of legal standing and the merits of the ICWA. They emphasized that tribal courts still have jurisdiction over Native children, and the federal government cannot disrupt this jurisdiction to make state adoption agencies place Native American children in non-Native homes.

Adoption Experts Weigh in on the Pros and Cons of the Ruling

The Supreme Court adoption ruling has been met with both praise and complaints. Native American advocacy groups have expressed joy that the ICWA and tribal rights were upheld. In a statement on the subject, the National Congress of American Indians said, “One thing is certain: ICWA (Indian Child Welfare Act) is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations.” They believe that this ruling will safeguard Native American children’s ability to grow up in their culture and remain connected to their tribes.

 

However, others are concerned that the ruling did not address the racial discrimination claims of the case. They feel that this ruling disregards other aspects of child welfare and focuses solely on the race of adoptive parents. In the dissenting opinions, Supreme Court justices mentioned that the racial discrimination claims could potentially be brought up again in future lawsuits about adopting a Native child.

Will This Ruling Affect Current Adoptions?

This court battle has been high-profile and very controversial, but it will only affect a few adoptions. The ICWA has never outright prohibited non-Native families from adopting Native children. Often, local tribal courts will approve cross-cultural adoptions, especially in cases where a New Jersey adoption attorney can show that the adoption will allow siblings to remain together. The number of non-Native foster parents and adoptive parents is much higher than Native ones, so cross-cultural adoptions remain common.

 

Furthermore, this ruling does not do much to affect Native American parents’ chances of adopting a child. Since the Supreme Court upheld current laws, nothing will change for Native Americans hoping to adopt. They will still be given preferences in cases where the state is looking for an adoptive family for a Native child. The only time that this ruling may cause issues for parents is if adoptive parents are non-Native and were hoping to adopt a child while there was also a Native couple interested in adopting that same child.

 

If you have any questions on this ruling or other adoption laws, Cofsky & Zeidman can help. Our New Jersey adoption attorney assists people throughout the regios. We help clients finalize adoptions, negotiate surrogacy arrangements, and more. To schedule your free consultation, call 856-429-5005 or email us today.

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.

Should Adopted Children Try to Locate Their Birth Parents?

Should Adoptees Try to Find Their Birth Parents?

Before open adoptions became the standard in the U.S., there were many more closed adoptions in which the adoptee had no contact with their biological parents. It’s common for adopted children who grew up in closed adoptions to be curious about who their birth parents are, but there are some things to keep in mind before attempting to find them.

How to Get Ready for the Experience

It’s helpful to decide ahead of time what your goal is and what you want from the experience. This can help you determine the financial and emotional resources that you’re comfortable expending. Depending on your end goal, the level of disruption that finding your birth parents could cause might not end up being worth it.

Also, make sure you understand your state’s adoption laws. A New Jersey adoption lawyer can help with this and could give you some good tips about where to start.

For adoptees who already have some information about who their biological parents are, it may be possible to reach out to them over social media. But it’s important to carefully think it through and decide whether or not that’s the best way to contact them before you rush into it. Consider the possibility that you won’t get the response you want or any response at all, and make sure you’re ready for that. While social media has helped many adoptees reunite with their birth parents, not every outcome is positive.

Where to Begin

If you want to locate your birth parents, be prepared for a variety of challenges. Many of these are emotional, but it can also come down to how hard it is to track down the necessary information. You might see if you can find the adoption records. While these aren’t always available for you to access, they’re a good place to start your search. Other great places to look include:

  • DNA testing sites
  • Adoption registries
  • Social media

There are adoption records for each adoption that has happened in the U.S. From these records, it’s possible to obtain a copy of your original birth certificate. You can also find out the location of your birth as well as crucial information to help identify your birth parents. This includes their names, phone numbers, and addresses. Bear in mind, though, that their address and number may have changed in the years since your birth.

For closed adoptions in most parts of the United States, these records are sealed once the adoption has been finalized. You have to follow the state law where the adoption took place to unseal the records, which tends to be a difficult part of the process.

In the majority of states, adult adoptees can obtain non-identifying information about their birth parents if they put in a written request. While you won’t be able to find out how to contact them this way, you can still learn about their race, medical history, and reason for adoption, among other things.

Benefits of Finding Your Birth Parents

Some people learn important information from their birth parents’ medical history. It may point you in the direction of genetic diseases and other health conditions that your family is predisposed to. If you know what to look out for, it may help you spot warning signs in yourself or your children and can help you safeguard against these health risks.

Some adoptees find it helpful to learn why they were adopted. Some people feel like they need to understand their birth parents’ decision before they can come to emotional terms with who they are. Contacting your birth parents can give them a chance to tell you what happened and why in their own words whether the birth parents had their rights terminated or they gave up the adoptee willingly.

On the flip side, the birth parents may take comfort in the knowledge that their birth children are doing well. It may also be interesting to know what traits you share with others in your birth family such as family physical traits or behaviors.

Call Cofsky & Zeidman at (856) 429-5005 for a New Jersey adoption lawyer that you can count on. We have offices in Haddonfield, Woodbury, and, for our many Pennsylvania clients, Philadelphia.

Finding an Adoptive Family

How to Choose an Adoptive Family

If you’re one of the 18,000 biological parents interested in placing your child with an adoptive family, finding the right family is essential. Your choice will impact your pregnancy, the child’s future, and your potential relationship with the child. To find the perfect family for you and the child’s needs, you’ll need to carefully consider these factors.

Think About Your Main Goals

There are far more adoptive families available than there are children up for adoption, so all the different options to choose from can be overwhelming. Many biological parents find it helpful to narrow down their choices a little before they start looking at family profiles. You may want to ask yourself the following questions when deciding how to pick adoptive parents:

  • Do you want an open adoption where you hear more about the child over the years or a closed adoption with no contact?
  • Would you prefer that your child have siblings, and does it matter if their siblings were adopted or not?
  • Are you interested in a rural or urban upbringing for your child?
  • Does it matter what religion, if any, the adoptive parents follow?
  • Would you prefer the adoptive family to be of the same race as the child’s biological parents?
  • How financially secure do you want the family to be?

Talk to Adoption Professionals

The majority of voluntary adoptions are done through private adoption agencies. However, you can also arrange an adoption privately or go through your local Department of Children and Families agency. Whatever adoption method you choose, it’s a good idea to speak to professionals. They can put you in touch with prospective families and assist with communication. Often, their help makes it much easier to sort through all the different offers you’ll have.

Look at Profiles for Prospective Families

Every family who wants to adopt will put together a profile that tells you a little about who they are and why they want to adopt. When working with an agency, they’ll often go through their database and pull profiles for couples who meet your criteria. Take your time when looking through these and try to consider what it will be like for the child to grow up with the family. There is no wrong way to pick profiles you’re interested in. Some biological parents pick people with personalities that they feel instantly drawn to while others try to analytically decide based on who can provide the child with the most advantageous childhood.

Meet With Families You’re Interested In

Though you don’t have to be involved, many biological parents prefer to interview prospective couples in person, on the phone, or over email. Meeting with them can help you see whether you have rapport and decide whether they’re a good fit. Meeting families won’t come with any obligation. If you decide that they’re not a good fit, you can just ask your New Jersey adoption attorney to tell the family that you’ve found someone else.

Discuss Your Terms

After you find a couple who seems like good parents for the child, it will be time to finalize your agreement. Adoption agreements are all about defining what you feel comfortable with and what will be best for the child. Your adoption lawyer can help create a contract that clearly lists details such as:

  • How the adoptive family will reimburse you for medical expenses
  • Who is allowed to be present during labor or doctor’s visits
  • How much contact you will have with the child
  • What updates the adoptive family will provide you with
  • How you will contact the adoptive family

If you’re considering adoption, Cofsky & Zeidman are here to help. Our New Jersey adoption attorney can represent your interests and assist you with navigating the legal system. You can count on us to make the process as smooth and stress-free as possible. To learn more about your options, give our Haddonfield office a call at 856-429-5005 or fill out our contact form.

What to Consider Before You Decide to Adopt

What to Consider Before You Decide to Adopt

No matter the circumstances, adoption is always a major decision. Approximately 135,000 children are adopted every year in the United States. This includes an estimated 59% from the foster care system, 26% from abroad and 15% who are relinquished voluntarily.

Adoption Can Be Hard for Everyone Involved

The process of adoption may be overwhelming to the parents, and it’s often scary for the kids involved. It can also stir up a significant amount of fear and other emotions.

When you think about whether or not this life choice is right for your family, consider what’s at the heart of your desire to adopt. Make sure that the choices you make are truly for the child’s benefit. Although the vast majority of adopting parents have the best intentions, it’s still possible to lose sight of things in this complex and often lengthy process.

Anticipate Each Child’s Unique Challenges

Remember that no two children are the same, so all kids need different things from their parents. Make sure to consider your family’s limitations, and be realistic about what you’re capable of. If a child has a physical or mental disability, which is the case with numerous adoption candidates, their care will take extra time, care and effort.

Adoptive parents should also think about the child’s background, age and gender. These factors can play a significant role in how much work it will take for the adoptive family to provide a suitable, healthy environment for the child to grow up and thrive in.

In addition to gearing yourself up emotionally, you have to keep the logistical concerns in mind. If you have never had a kid in your house, try to think of everything you’ll have to do in order to child-proof the space. Some hazards might not become obvious until it’s too late if you don’t give it enough forethought. In addition to safety, ask yourself if you can make changes in decor or in your home’s layout to make it more inviting to a child who may be feeling fragile.

It Takes a Village

When you adopt a child, community support is essential. It’s difficult to raise a well-rounded child in isolation. Before you adopt, think about who you can turn to for help. This includes family, friends and neighbors. Who will watch your child if you get stuck at work or have to go out of town?

You can also see if there are groups in your area that you can join. It might be helpful to talk to a New Jersey adoption attorney. Sometimes, just the feeling that there are others around who are on your side can make all the difference.

Help is crucial for all new parents, and adoptive parents shouldn’t feel the need to try to shoulder everything themselves. It’s not just important for the parents but also the child you’re adopting. Strong community support can help them to feel like they’re supported in every way and that they have access to everything they need.

Think About What the Child Has Lost

What some adoptive families don’t realize is that the adopted child starts the experience with the loss of their previous family and household. It may take some time for them to fully grieve this loss. You might notice an adopted child act out in various ways.

It’s helpful to anticipate this type of behavior and attempt to understand why it’s happening. Adoptive parents have to rise to this challenge and keep their cool so that they can work through issues as they come up. An adopted child might not be ready or willing to talk about their trauma right away, and they may still have yet to learn the emotional tools to express these kinds of complex feelings. Family therapy sessions could allow everyone an outlet to discuss their feelings and get advice about how to move forward.

Before adoption, it’s best to figure out whether you’d prefer that the adoption be open, where the child can have contact with their biological parents, or closed adoptions, where they can’t. Each choice presents different challenges and advantages and depends on your situation and family. In dome cases, you won’t have full control over the relationship that your adopted child has with their biological parents.

At Cofsy & Zeidman, you’ll find a New Jersey adoption attorney who will walk you through every step of the process. Call (856) 429-5005 to reach us in Haddonfield or (856) 845-2555 for our office in Woodbury. We also serve clients in Pennsylvania.

Choosing an Adoption Agency

Selecting the Right Adoption Agency for Your Family

Once you have made the decision to adopt, choosing an adoption agency can seem like a hurdle that you need to clear as quickly as possible in order to achieve your true goal. New Jersey adoption lawyers caution against rushing the decision and warn that many people who end up dissatisfied with their adoption process regret the organization that they chose. Your agency will serve as your guide, and your connection with that team will be as much a personal relationship as it is a business exchange.

The Initial Phase

Area adoption experts recommend hiring a New Jersey adoption lawyer early in the process because your attorney can help you avoid the many legal and practical pitfalls associated with agency adoption. With representation secured, the next step is to finalize some important decisions about how you want to adopt. You may want to consider:

  • International vs. domestic adoption
  • Local vs. national adoption agencies
  • Size of the adoption agency
  • Pre- and post-adoption resources
  • Birthmother support and humanitarian aid

The Interview Phase

After considering those topics and deciding what is important to you, you will have a set of criteria through which you can determine if an agency is worthwhile exploring further. New Jersey adoption lawyers and other adoption experts tend to advise against email interviews, which are impersonal. Interview in person if possible or at least by phone. Historically, one of the disadvantages of national adoption agencies was the lack of personal touch, but video conferencing has largely overcome that downside.

Have a series of questions prepared beforehand that you ask the representative of each agency you are considering. Facts like average wait time and the number of adoptions completed annually are important, but adoption specialists encourage you to look beyond the numbers to whether you like this agency and trust them to help you achieve your goal of creating or expanding your family. This is an important relationship, and there is nothing wrong with moving on from an agency because of a gut feeling.

Avoid any quick decisions. After an interview is complete, take some time to digest it. You can then evaluate how you feel. Ask yourself questions, such as:

  • Did you feel rushed?
  • Was the communication comfortable?
  • Did you feel like the representative understood your concerns?
  • How clear and concise was the information?
  • Was there a prompt turnaround on sending you additional materials?

The Selection Phase

At this point, you have one or more agencies that you feel good about. The goal now is to ensure that everything is as good as it seems.

The reason to save adoption agency vetting until now is to avoid getting bogged down earlier in the process. It is much easier to vet a handful of agencies than the dozens you may initially consider. That said, if you have hired a New Jersey adoption lawyer early in the process, then your attorney will have likely handled much of the vetting as it unfolded.

Begin with state licensing. While licensing standards are not necessarily rigid, an agency that is not licensed or in good standing is a major red flag. Accreditation by the Council of Accreditation is a mark in favor of not only international but domestic adoption agencies. If adopting internationally, you’ll want to consider Hague accreditation and likely move on from agencies that were denied it.

Assistance Choosing an Adoption Agency

If you want to adopt and are considering doing it through an adoption agency, Cofsky & Zeidman is here to help. We are a law firm with extensive agency adoption experience and can assist you in navigating this process, including selecting your agency. To schedule an initial consultation with an adoption lawyer in New Jersey, call our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555. We also have an office in Philadelphia to better serve our Pennsylvania clients.

Adopting Your Foster Child

Process of Adopting Your Foster Child

Deciding to adopt your foster child is an effective way to provide them with a more permanent family. The number of children who are waiting to go through the adoption process is well over 100,000. While foster children are often able to be adopted, there are several restrictions and guidelines that should be taken into account.

Can You Adopt Your Foster Child?

Adopting a foster child is allowed through the foster-to-adopt process. However, it’s not an option in every situation. Foster care is considered a temporary solution in the event that a child’s home isn’t currently stable or safe. When children are placed in the care of the state, the goal will be to eventually reunite them with their birth parents. As a foster parent, you agree to provide children with temporary care until reunification is possible.

While there are times when the birth parents of foster children will have already had their legal rights terminated, this isn’t true with every foster child. For some foster children, adoption is never an option. Before you first accepted a foster child, you may have been told if the goal is adoption or reunification. This information should help you determine if you’re able to adopt your foster child.

Why Fostering Is Often Considered Before Adopting

State governments are encouraging many parents who want to adopt to first become foster parents. There are numerous benefits of fostering a child before you adopt them, the primary of which is that you’ll be able to begin parenting sooner. Placement in foster care can occur in just a few days. In comparison, finalizing the adoption process may take upwards of six months or longer.

An important component of fostering is that foster parents are required to actively support the goal of reunifying children with their birth parents if that is the child’s current permanency plan. This plan is set by the court system. Even if reunification is the goal, “concurrent planning” may occur, which means that work will also be done to have an alternate permanency plan in place. This alternate plan usually involves adoption by foster parents if reunification isn’t successful.

When Can Foster Parents Adopt Foster Children

Even if a child’s biological parents have had their rights terminated, it’s not guaranteed that foster parents can adopt their foster child. In most situations, caseworkers first search for other biological relatives who may be able to adopt the child. If the caseworker is unable to find a relative who’s willing to provide the child with a safe home, foster parents are often given the opportunity to do so.

Some foster parents wonder if it is possible to fight relatives for the ability to adopt if the foster family has been together for months or years. In this scenario, each case differs. Call our New Jersey adoption lawyer today if you would like to speak about your case.

The process for adopting a foster child is similar to the process for all other types of adoption. Birth parents typically have around 6 to 12 months to finish their reunification plans. However, extensions are often given. Once parental rights have been terminated by the court system, this system will also evaluate who the best fit is to raise the child in question.

Since adoption is a more permanent scenario, social workers usually conduct post-placement visits to assess how the foster family is adjusting to the changes. Once every potential requirement has been met, a court date is set to finalize the adoption.

Potential Roadblocks During the Adoption Process

The path to adopting a foster child isn’t always straightforward and can be made more challenging if certain issues arise. For instance, a foster parent’s financial situation can play a role in identifying if they are capable of providing for the child’s essential needs on a long-term basis.

A person’s residence can also be taken into account. While adoptive parents can rent or own, a social worker may indicate that the living environment isn’t suitable for the child. Social workers are usually tasked with approving every aspect of the adoption. If the post-placement study mentioned earlier is negative, securing the adoption may be difficult.

If you’re currently thinking of adopting your foster child and providing them with a loving home, you will want to understand your legal rights. To learn more about what the process entails, call our New Jersey adoption lawyer today at (856) 429-5005 to schedule a consultation at our Haddonfield office.

Adopting an Adult

How Do Adult Adoptions Work?

There are many different types of adoptions. One of the lesser-known options is adult adoption. There are certain criteria that must be met in order to adopt an adult into your family.

What Is Adult Adoption?

Adult adoption is a legal procedure that allows a couple or individual to bring a person over the age of 18 into their family. Although not all states recognize this type of unconventional adoption, New Jersey does. It allows people to enrich the lives of adults who need the permanent connection of a loving, nurturing family.

Why Do Families Choose to Adopt an Adult?

Adult adoption is still a new concept to many people, but there are many reasons why more families are going this route. Just like adopting a child, adult adoption helps to secure a person’s family situation. If you are interested in adopting an adult, a New Jersey adoption attorney can help you with the process.

One of the most common reasons for adult adoption is that a person wishes to leave an adult an inheritance, and one way to do that is to establish a legal relationship. Adoption solidifies that familial relationship so that the adult can receive the inheritance that the person wishes to leave them.

A stepparent may want to adopt their adult stepchild to create a closer, loving family bond. This form of adoption can occur on the same day that the petition is filed with the court. Because the person is already an adult, there is no worry about having to get their other biological parent’s consent.

Adult adoption can occur when a person who was adopted or went through the foster care system has reconnected with their birth family.

Adult children who lived with a foster family but were never adopted as a minor can be adopted by their foster family.

Some adult adoptions involve adults with disabilities so that they can receive care for their lifetime. The person who adopts them oversees their care and makes all decisions affecting their welfare.

What Are the Laws on Adult Adoption?

In order to adopt an adult, there must be at least a 10-year age difference between you and the person you wish to adopt. If you are married, your spouse may have to give consent to the adoption. However, in some cases, the court may allow an adult adoption without your spouse’s consent if they are unavailable or unreasonable.

One of the strictest laws regarding adult adoption is that there must not be a sexual relationship between the adopter and the adoptee. At any point, if the two people engaged in a sexual relationship, the adoption cannot take place. Adult adoption also cannot occur for criminal reasons. If the court suspects that fraud is involved in the adoption, it will prohibit it from happening.

Although there’s no reason to get consent from the person’s biological parents for adult adoption, you should give them notice of the adoption.

What Is the Adult Adoption Procedure?

If you have decided that you wish to adopt an adult, you must visit your local court to obtain the right documents. An experienced New Jersey adoption attorney can provide all the information needed to fill out these forms. If you are adopting an adult with limited mental or physical capacity, you must fill out and file additional documentation.

Completing and signing the paperwork should be done in the presence of a notary who should then sign and emboss it. Pay careful attention to all instructions, and submit your paperwork accordingly. You will have to wait to be notified of a court date at your local family court where a judge will hear your adult adoption case.

If you need help with an adult adoption, contact contact a New Jersey adoption attorney at Cofsky & Zeidman LLC in Haddonfield at (856) 429-5005 at your earliest convenience.

Telling Your Children That They Are Adopted

How to Tell Your Children That They Are Adopted

In 2020, there were approximately 442,995 children in foster care and over 125,000 children adopted from the U.S. foster care system, according to the U.S. Department of Health and Human Services. Although the number of adoptions from the foster care system has been consistently decreasing over the years, with a 5% decrease from 2019 to 2020, adoptions still happen every day.

If you have adopted your children, telling them that they were adopted can be a difficult and emotional process for everyone. However, it is important to have open and honest communication with your children about their adoption so that they can understand their identity and feel secure in their family.

Timing Is Important

First and foremost, it is important to consider the timing of when to tell your children about their adoption. It’s probably a good idea to wait until your child is old enough to understand the concept and can ask questions about it. For some children, this may be as young as 4 years old while for others it may be older. You should also consider the individual needs and maturity level of your child when determining the right time to have this conversation.

When you are ready, choose a neutral and comfortable setting. A quiet room in your home or a park on a sunny day are both good options. You may want to have the conversation when both parents are present. This gives an opportunity for both parents to provide support and answer any questions that may arise.

Explain Their Adoption Process in Detail

When you begin the conversation, try to use simple, age-appropriate language that your child can understand. Explain to them that they were born to a different family and that you were chosen to be their parents. You can also use books or videos about adoption to help explain the concept in a way that is easy for your child to understand.

You should also try to address any potential feelings of confusion or loss that your child may experience after learning about their adoption. Let them know that it is normal to have these feelings and that you are there to support them and help them process their emotions. Encourage them to ask any questions they may have, and be honest with them in your answers.

Emphasize that they are loved and valued, regardless of how they came into your family. Remind them that they are just as much a part of your family as any biological child would be and that you will always be there for them.

Talk About Their Birth Family

Additionally, it is important to be open and honest about their birth family when and if the child is ready. Let them know that they have a birth family and that they can ask you any questions that they have. Have a plan if the child wants to know more about their birth family and why their birth family couldn’t raise them. You may not know all the answers, but you should be willing to research the answers together. A New Jersey adoption lawyer may be able to help you facilitate contact with the family or review the terms of the adoption if the child would like to know more.

Another thing to consider is that adoption can be a lifelong journey, not just a one-time conversation. As your child grows and develops, they may have new questions and concerns about their adoption. It’s important to be open to discussing it with them and addressing any new issues that may arise.

Seek Support for Your Family

Lastly, seek support for yourself and your child during this process. This may include counseling or support groups for adoptive families. As the journey may uncover old hurts, it’s a good idea to find a way to process these emotions.

In conclusion, telling your children that they are adopted can be a difficult and emotional process. However, with the right approach, you can help your child understand and accept their adoption in a positive way.

Contact a New Jersey adoption lawyer if you have additional questions on these types of matters. We can help you navigate the process. You can contact our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555.

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