Does the Biological Parent Have to Consent to a Stepparent Adoption?

Can a Biological Parent Block a Stepparent Adoption?

About 5% of all children with a stepparent end up getting adopted by their stepparent. This sort of adoption can be challenging to navigate since it brings up sensitive topics like former relationships and child custody. Whether or not the biological parent consents to the adoption plays a big role in the eventual outcome.

Stepparent Adoption Requires One Parent to Give Up Parental Rights

To understand why consent is such a big issue, it’s necessary to understand New Jersey adoption law. Legally speaking, a child can only have two parents. Therefore, if a stepparent wants to adopt the child, they need more than the consent of the parent they are married to. They also need to be stepping into a role that was vacated by the other parent.

In the simplest cases, this happens due to death. Once one biological parent has died, the spouse of the remaining parent can adopt the children. They could do this even if the deceased parent stated that they did not give consent to an adoption in the past.

If the biological parent is still alive, their consent matters. Without them voluntarily giving up parental rights, it can be very difficult for a stepparent to adopt your child. Even if the biological parent does not have custody, they may still be able to block an adoption.

How to Get Consent for Stepparent Adoption

Most cases of stepparent adoption start with a simple conversation between the child’s current legal parents. If the stepparent and their spouse can convince the other person to give up their rights, the process just involves paperwork. The parent will need to fill out a voluntary surrender of parental rights form and submit it to the court.

To simplify the process, a New Jersey adoption lawyer will usually submit these forms alongside the other adoption forms. Once the surrender of rights form is accepted by the court, it entirely removes any responsibility from the biological parent. They do not have to pay for child support or care for the child. They will also be giving up their rights to see the child or have a say in the child’s upbringing.

How to Finalize an Adoption Without Consent

If a biological parent does not agree to consent, the other parent and their spouse have the option of trying to forcibly remove the parent’s rights. This tends to be a very challenging process. Instead of just filing paperwork, the parents have to go to court and argue their case in front of a judge.

To remove parental rights and clear the way for adoption, they will need to prove the biological parent is an unfit parent. This is very challenging because the burden of proof is on the parents who want to adopt. Most family courts want to preserve parental rights whenever possible, so they are not likely to side with the stepparent unless there is clear proof. Some potential reasons to remove parental rights include:

  • The parent has been convicted of a major crime
  • There is reasonable proof the parent has been abusive
  • The parent has neglected the child when the child was in their care
  • The parent has extensive substance abuse problems and won’t seek treatment
  • The parent has abandoned their child and cannot be found
  • The parent has not made an effort to see or financially support the child

Stepparent adoptions are often portrayed as a simpler type of adoption, but as you can see, there are still a lot of technicalities to consider. If you are involved in a stepparent adoption situation, it’s a good idea to seek legal counsel. As a leading New Jersey adoption lawyer, Donald Cofsky is here to help. The team at Cofsky & Zeidman can assist you with everything from filing legal paperwork to arguing your case in court. We have offices in Haddonfield, Woodbury, and Philadelphia. If you would like to schedule a consultation with us, dial 856-429-5005 or fill out our contact form.

Is an Open Adoption Right for You?

Exploring the Pros and Cons of Open Adoption

In general, 60% to 70% of adoptions are open. This style of adoption involves the adoptive family and birth family continuing to stay in contact as the child grows up. To see if it will work for your situation, it can be helpful to learn a little about the pros and cons of this adoption type.

Pro: Children Don’t Feel Like They’re Missing Anything

No matter how much love and care you provide your child, the reality is that they did lose an important connection to their past. When a child never gets to see or hear about their birth family, they end up with a lot of questions. An open adoption can help reduce this feeling of having a “missing piece.”

It is fairly common for adoptive children to build up a fantasy when they are not in contact with their birth family. They may romanticize their birth family, obsess over what their life would have been like, or feel like they are missing out on something. Keeping contact with the birth family can help reassure the child that they are in the right place.

Con: Conflicts Between the Two Families

Adoption can be an intensely emotional journey, so there is always some possibility of drama. Adding a second family to the mix may result in some disagreements. Often, the main struggle is just navigating poverty, mental health issues, drug use, or other problems that led to the adoption in the first place.

There can also be conflict due to mismatched expectations. The birth family may be unhappy about the way you choose to raise your child, or you may be unhappy with how much impact the birth family has. Some parents may feel anxious or worried about the idea of their child preferring the birth family, so they might lash out and cause more conflict.

Pro: Children Stay More Connected With Their Background

Contact with the birth family can be especially helpful in cross-cultural adoptions. If the child is of a different race than the adoptive parents, their birth family can provide some perspective on challenges the child might face. Open adoptions also help children to connect more closely with their roots and learn about their genetic background.

This information on your child’s heritage can give them a very valuable sense of stability. It can also help you to better equip your child for a future where they may face discrimination or judgement.

Con: Birth Parents May Struggle to Maintain Appropriate Boundaries

This is often the biggest fear adoptive parents have with an open adoption. Parents worry that open adoptions may make it easier for a birth parent to try to diminish their parental role. The reality is a little more nuanced. Most birth parents are not interested in trying to outright take over your parental responsibilities.

However, there can be awkward instances, like a birth parent showing up unannounced or contacting your child without your knowledge. To prevent this from happening, it can be helpful to have a New Jersey adoption attorney create a clear agreement that schedules visits, calls, and other contact.

Pro: Children Have a Wider Support Circle

Having more people around who love your child is always a good thing. For some families, an open adoption just means a visit every couple of years. However, for some families, open adoption can create some truly special relationships.

Many birth parents are happy to take on the role of a distant relative or family friend. It can mean more people at birthday parties, more holiday presents, and more special memories. This can provide a valuable sense of love and support for your child.

Ultimately, this type of a procedure can help to mitigate some of the stress associated with adoption, but it is important to establish very clear boundaries. This is where Cofsky & Zeidman of Haddonfield can help. Our New Jersey adoption attorney firm can assist you with navigating all the legal agreements of open adoptions. We provide legal support for all types of adoptions, assisted reproductions, and more. Call us at 856-429-5005 or fill out our contact form to set up an appointment.

The Right Attorney for Your New Jersey Foster Care Adoption

New Jersey Foster Care Adoptions

A child is placed in foster care when their biological parents are no longer able to provide them with the care they require. In these cases, it is not safe to return the child to their home. The ultimate goal of the foster care system is to reunite the foster child with their families and return them to their homes. When one of these children cannot go home, the biological parents have their parental rights terminated, and that child becomes available for adoption.

Why You Need An Attorney for This Process

When you are beginning the journey of adopting a foster child, there are a lot of requirements that you need to meet. The legal requirements alone can be daunting. Going into this process without representation can make the process longer than it needs to be. The process can be smooth if you have the right New Jersey adoption lawyer guiding you through it.

Adopting a Foster Child

Most foster care adoptions go to the foster parents who have already developed a relationship with the child. Although the biological parents are given a number of chances to meet the requirements to get their children back, it is not always in the best interest of the child. The adoption process cannot begin until the parental rights of the biological parents have been terminated by the state.

The path to a foster child adoption can be long and frustrating as the child welfare division is responsible for safeguarding all parties: the prospective foster parents, the child and the biological parents. When a child’s status changes from foster child to eligible for adoption, it can take a while for the adoption process to be complete. This is why having a New Jersey adoption lawyer by your side is important to minimize the risk of an adoption not being completed or being overturned.

What Do They Look for in Adoptive Parents?

When screening adoptive parents, the state wants to make sure that the adoptive parents are emotionally ready to take on the responsibilities. Many children in the foster care system are high risk due to physical or mental handicaps. Their disabilities can be taxing on the best parents.

The prospective parents will have to go through an extensive background check. This is to avoid any potential for domestic violence or child abuse. A history of drug abuse can be a problem; however, if the parents can prove a dedication to their sobriety, it does not automatically rule them out.

The prospective parents will need to be prepared for the home visit. A social worker will want to come into the home to determine if it is appropriate to bring a child into. They will look into your employment, financial statements, and background. It can be a grueling process. Showing stability is key to passing the home visit.

Financial Benefits of Adopting From Foster Care

Many of the costs of adoption from foster care can be subsidized by various financial assistance options offered by the state of New Jersey. These include:

  • Monthly payments to help meet daily needs, including a clothing allowance
  • One time payment for legal fees related to the adoption
  • Medicaid coverage to supplement coverage for the child to assist with conditions not covered by the family’s insurance
  • Specialized care for kids with handicaps to provide specific medical, health or equipment they may need

Are You Ready for Foster Care Adoption?

When preparing for a foster care adoption, you need to remember that foster kids have been through a lot. They are looking for a life of stability. Most of them have mental health or developmental challenges and require extra attention and care. It is common for them to have abandonment issues. Many will act out. It takes a great deal of patience and understanding. If you believe you are ready for the challenge, contact a New Jersey adoption lawyer to help you get started.

Why Daniel Cofsky Is Your Best Choice

Daniel Cofsky has been an adoption lawyer for many years. He has provided legal counsel in more than 1500 adoptions. He knows New Jersey adoption law backward and forwards and has strong relationships with the adoption courts. Contact us today to request a consultation and to get started on your foster care adoption journey.

Know the Differences Between Legal Guardianship and Adoption?

Legal Guardianship and Adoption Are Different

Did you know that about 135,000 children are adopted in the United States each year? Legal guardianship and adoption are very different, one being temporary and the other being permanent. Many people confuse these two arrangements since they do have some similarities. As a New Jersey adoption attorney, we would like to explain the difference.

Legal Guardianship

This is a temporary care living arrangement for the child. It may be that a parent chooses to have a legal guardian for their child because they cannot provide the necessities at the time. However, they may be able to do so in the future. Parents retain all legal rights to that child.

 

Legal guardianship can take place until children are 18 years old. The parents may terminate the agreement at any time before that and reclaim custody. Parents can pass along an inheritance to that child, while a guardian must make a special provision when they write their will.

 

The parents’ legal rights have not been terminated. They may still play a role in the lives of their children. They may also be responsible for providing child support. In some cases, this temporary arrangement may be with a close friend or family member who knows the parents and the child.

Adoption

Parents choose to adopt a child, knowing that the legal rights of the biological parents are terminated as the child is placed into the adoptive home. In this case, an adult becomes the permanent, legal parent of a child. It is not a temporary arrangement such as legal guardianship; it is permanent. Biological parents cannot reclaim the rights to their children. Adoption also terminates the financial responsibilities of the biological parents as well as visitation rights. However, visits may be possible with an open adoption agreement, and, in some cases, the child may maintain contact with their birth family.

 

The age of the child may have a bearing on the process of adoption. For example, an infant adoption may be different than the adoption of an older child. In an infant adoption, the prospective birth mother and the adoptive parents may all be involved, necessitating a different time frame.

How Legal Guardianship and Adoption Are Similar

Although the legal ramifications are different, both forms provide a stable relationship for a child. Although the child is not biologically theirs, they will have the responsibility for emotional support and the basic necessities. Responsible for a proper education, adoptive parents and guardians also have rights to consent to medical treatment for the child.

 

Both forms of parenting, legal guardianship, and adoption, are legal arrangements to ensure that the basic needs of a child are met. Also included in this are love and support as well as their care and feeding and more.

Which Situation May Be Right for You As the Parent?

The biological parent of the child will ultimately make the decision. They might ask themselves if they can provide the proper support in the near future as well as the following questions:

 

  • Do you want future communication with your child?
  • Can you provide financial support while they are with a legal guardian?
  • Are you ready to have your child with someone they know is not their parent?

 

Reaching out to a New Jersey adoption attorney may help clarify which is the best situation. Although the decision is always up to the parent, each situation is unique, and the roles of legal guardianship and adoption are different. There may be subtle differences in each of the adoption and legal guardianship processes.

 

We are your local New Jersey adoption attorney. Donald C. Cofsky’s practice is here for your adoption needs. With experience in both adoption and assisted reproduction, we are here to serve you. Whether you live in New Jersey or Pennsylvania, you’ll find Cofsy & Zeidman offices in both states. You can contact us online or (856) 429-5005 in Haddonfield, New Jersey, at (856) 845-2555 in Woodbury, New Jersey, or in Philadelphia, Pennsylvania, at (215) 563-2150.

The Birth Mother Changed Her Mind About Adoption: Now What?

What if the Birth Mother Wants to Keep the Baby?

Only about 6% of birth mothers change their minds about adoption. However, if the birth mother does suddenly decide she wants to keep the child and there is a contested adoption, the adoptive parents should immediately retain a New Jersey adoption lawyer. It is fair to wonder what might happen after the birth mother changes her mind once the adoption is complete.

How Can the Birth Mother’s Rights End?

If a birth mother chooses to give up her child for adoption, the easiest way to do it is to surrender the child to an adoption agency. Once this happens, within three days, barring any exceptions, her parental rights to the child will end.

 

Adoption agencies are required to do certain things for the birth mother or birth parents if both are involved in the surrender. Before the child is given up to subsequently be adopted by adoptive parents, the agency is required to ensure that the birth mother undergoes at least three counseling sessions with a qualified social worker. The goal is to make sure that the birth mother is both mentally and emotionally prepared to give up custody of the child to the adoptive parents.

 

The agency must also make sure both natural parents sign a statement that says they attended counseling sessions and that they understand what was said in the statement. In some cases, they might refuse counseling but must still sign a statement.

 

Additionally, the agency is required to have the biological parents sign a statement that says that it went over all of the provisions of the adoption and advise them on how to get more information from the Department of Health.

What Happens if a Birth Mother Changes Her Mind?

If the birth mother changes her mind, the court must review the matter and make a decision based on certain factors. If the adoption agency committed fraud, misrepresentation, or put the birth mother under duress, the surrender of the child could be legally reversed, giving her the child back. However, if the adoption was done legally and the agency did everything in the legal, proper way, then the adoptive parents would keep the child.

 

Regardless of the laws being on the side of the adoptive parents in that regard, it is still wise to retain an experienced New Jersey adoption lawyer if the adoption is being contested.

 

The court will also always take into consideration what’s in the best interest of the child. If the birth mother suddenly decides months after the adoption was finalized that she wants the child back, the court will consider the psychological effects on the child if they were suddenly taken away from the only family they have ever known. A legal adoption will typically not be nullified in this situation.

Exceptions to the Rule

Of course, there may be exceptions to the rule when it comes to reversing an adoption decision. In addition to fraud on the part of the adoption agency, this might happen when there’s a problem with the adoptive parents such as serious health issues or disabilities that prevent them from raising the child and properly providing for them. However, if the child has certain unexpected needs that are impossible for the parents to meet, the adoption might be nullified.

 

These are extreme situations, as in most cases, the adoptive parents will get to keep the child. It is important to know what your rights and options are as the adoptive parents when the birth mother suddenly changes her mind. Knowing the facts will help you to see whether the law is on your side in such a scenario.

 

If you are looking to adopt in New Jersey and need an attorney to help you, contact Donald Cofsky at Cofsky & Zeidman today by calling (856) 429-5005. We will be glad to answer any questions you may have and walk you through your options.

Understanding the Adoption Timeline

One of the most common questions adoption lawyers hear is “how long will it take to adopt a child?” On average, most families complete their adoption in 18 months or less. However, the type of adoption you pick will have a huge impact on the overall timeline.

How Long Does a Domestic Private Adoption Take?

Also called an agency adoption, this is a type of adoption that involves working with a private organization. There is no minimum time limit for this type of adoption, so yours could be finalized in as little as a month. In agency adoptions, 63% of families are matched in six to 12 months. The other 37% usually get matched within two years. Wait times tend to vary based on the particular agency, so it might be a good idea to ask an agency about their average time before you start working with them. Keep in mind that you may have to wait longer if you are very specific about what you want. Those who are open to a broad variety of ages, races, amounts of contact with birth parents, and types of medical history may have a shorter wait time.

How Long Does a Domestic Public Adoption Take?

If you adopt through the public foster system, your wait time will be longer. This type of adoption involves a child who was removed from their parent’s custody. Because the applicable state agency is reluctant to terminate parental rights, this process takes quite a bit of time. Parents in these situations may not be able to finalize the adoption for one to five years. However, much of this time is often spent with the child. In these situations, the prospective parents are usually the child’s foster parents while they work with a New Jersey adoption attorney and wait for the birth parents’ rights to be terminated.

How Long Does It Take to Adopt Internationally?

International adoptions can take quite a bit longer than the standard New Jersey adoption because they involve more bureaucracy and paperwork. The average international adoption will take somewhere between two to three years to complete. Some families may get lucky and complete their adoption in around six months while others may wait as long as five years. Keep in mind that the country you go with has a huge impact on adoption times. Some countries, like China, tend to have a higher wait time because there are a lot of people interested in adopting from them. Countries that are politically unstable also tend to have longer wait times since any turmoil can put a pause on an adoption or require the parents to start the process over again.

What You Can Do to Reduce Adoption Wait Times

As you can see, there is a lot of variation in wait times. If you are interested in a shorter wait time, you may want to opt for a private domestic adoption since these are generally the fastest adoption type. It is also a good idea to be flexible about the type of child you want to be matched with. Prospective parents who are willing to adopt older children or children with health problems may get a match quicker. You can also speed up the process by being willing to travel out of state to meet the birth mother. In any type of adoption, you can speed things up by being prepared. Having your paperwork, home study, background checks, and other essential information ready to go will ensure that you don’t end up with any surprise delays.

If you want to adopt a child as quickly as possible, it is important to have all your paperwork in order. A New Jersey adoption attorney can help you with the preparation and ensure that you file all essential documents on time. At Cofsky & Zeidman, our team helps families throughout the region. Fill out our online contact form or call 856-429-5005 to schedule a meeting today.

Qualification Requirements for State Adoption Assistance Programs

Parents who are considering adopting a child who has certain types of needs may be able to qualify for various state adoption assistance programs. In New Jersey alone, there were nearly 1,100 adoptions in 2011, which means that qualifying for an assistance program isn’t always simple and straightforward. Before you begin the adoption process, you should take a look at the qualification requirements to determine if one or more of the assistance programs would apply to your situation.

What Are New Jersey’s Adoption Assistance Programs?

Adoption assistance is available to those parents who are thinking about adopting a child from foster care. Keep in mind that these subsidies only apply to children who have certain types of needs. The purpose of these subsidies is to help parents pay for the many expenses that come with raising a child.

 

In order to qualify for state adoption assistance programs, state authorities will take a close look at the child’s history. Because only children who have been in foster care can qualify for these programs, the child’s detailed history must be available. The qualification requirements are the same regardless of the adoption assistance program you obtain.

Qualifying for State Adoption Assistance Programs

The following details all of the circumstances that would allow a child to qualify for an adoption assistance program in New Jersey. Keep in mind that the child in question must meet at least one of these requirements to qualify for subsidies. Subsidies are provided to parents in the event that the needs the child has would create a notable barrier for adoption. If the child in question has a significant disfigurement, they may qualify for subsidies. This disfigurement could be the loss of facial features or the deformation of extremities.

 

If the child has a dental or medical condition that will require numerous treatments or visits to the hospital, subsidies may be available. Subsidies could also be available in the event that the child has a physical deformity or defect that is expected to make them at least partially incapacitated for work or school. If the child has at least one sibling that meets these criteria, it’s possible that they could receive adoption assistance. This assistance is only available if it’s believed that the siblings must be placed together during adoption.

 

The child you’re considering adopting could enable you to qualify for a state adoption assistance program if they have been diagnosed with a psychiatric, mental, or emotional disorder. A common example of this type of disorder is a developmental disability. Age can play a factor in whether or not a child receives adoption assistance. If the child is over 10 years old, they could receive assistance without issue. In the event that the child is a member of a minority or ethnic group and doesn’t have easy access to adoptive homes, assistance is available if they are at least 2 years old.

 

There are times when qualification for a state adoption assistance program could be approved if the child meets certain conditions. These conditions include being at a heightened risk of educational, emotional, or developmental problems, being at a heightened risk of mental illness as a result of a parent’s history, and being placed in a home with a relative who won’t adopt the child unless they receive a subsidy. If the child you want to adopt meets one of these requirements, you may be able to receive some adoption assistance.

How Our New Jersey Adoption Lawyer Can Help You

Our New Jersey adoption lawyer can help you navigate every phase of the process to make sure that it progresses smoothly. A core aspect of our adoption services involves helping parents manage all of the expenses that come with adopting a child, which extends to the application process for adoption assistance programs.

 

Our assistance also applies to the home study, which is a key step in the adoption process that takes place after you have finished the necessary classes and have submitted your application. If you believe that now is the right time for you to adopt a child, our lawyers will be with you every step of the way.

 

If you are getting ready to adopt a child who has certain needs and believe that you will require some monetary assistance to handle the initial expenses, contact us online today. You can also give our Haddonfield or Woodbury offices a call at (856) 429-5005 to schedule your first appointment and learn more about our services.

How Much Will You Pay for a Private Domestic Adoption?

Your Guide to Private Domestic Adoption Costs

If you are one of the 20,000 families doing a private domestic adoption this year, there are many expenses to consider. Understanding the costs associated with a private adoption can help the process go a lot more smoothly.

Agency Fee

Many private domestic adoptions are done through an agency that matches you with a prospective birth mother. Agencies typically charge a fee for their service, which can range somewhere between $20,000 and $45,000. This fee will include all your other expenses, so it bundles adoption costs into a single price. Often, the only fee not included in the agency fee is the New Jersey adoption lawyer that you might want to hire to protect your own interests.

Home Study Fees

In any private domestic adoption, you will need a home study. This is a protective measure that ensures your home and your family will provide a safe environment for an adoptive child. The home study involves interviews with a social worker, a tour of your home, and other paperwork. Since the home study requires officials to do a lot of research, it can be expensive. Home studies usually cost somewhere between $900 and $3,000. It is possible to fail a home study, which would mean you might have to make some changes and retake it at a later date. This can cause your private domestic adoption costs to increase.

Expenses for the Biological Mother

The majority of private domestic adoptions involve a pregnant woman who plans on giving the child up at birth. Though you are legally not allowed to pay for the child itself, you can compensate the biological mother for her medical and living expenses during the pregnancy. This can include a broad range of costs, including:

  • Any medical expenses not covered by insurance
  • Prenatal doctor visits and hospital stay
  • Housing
  • Utilities
  • Food
  • Maternity clothes
  • Legal fees for the mother
  • Counseling fees for the mother

While you are not necessarily expected to pay these costs, it is possible that you might need to. Depending on the situation, you might just pay a few thousand, or you might pay tens of thousands of dollars.

Travel Costs

In most private domestic adoptions, travel is very common. At the very least, you might end up needing to travel to a nearby town to meet the biological mother and pick up the infant after they are born. In many cases, prospective parents end up having to travel farther distances that necessitate hours of driving or air travel. While waiting for the baby to be born, you might end up needing to spend a few nights at a nearby hotel too. All of these expenses can add up, so be sure to budget in money for your travel fees.

Legal Fees

In any adoption, there are some prospective legal fees. First of all, you might need to pay a few hundred dollars to file documents with the court. These court filing fees can cover the costs for submitting petitions to adopt and for finalizing your adoption. Next, you might also want to consider fees for a private adoption lawyer. You need a lawyer during any private domestic adoption because the paperwork for adoption is fairly complicated. A lawyer can help prepare all necessary documents so that there are no unpleasant surprises later. Even if you are working with an agency that prepares documents for you, you might want to hire a lawyer to look over the documents and represent your interests. The right legal preparation reduces your risk of losing the child later on.

If you are in need of a Pennsylvania or New Jersey adoption lawyer, Cofsky & Zeidman can help. We have over 25 years of experience, and our team is here to ensure that your interests are protected in any adoption arrangement. Give our Haddonfield, New Jersey, office a call at 856-429-5005 or fill out our contact form to schedule a consultation.

What You Need to Know About Open Adoption Contracts

Adoption Law: Should You Enter Into Contracts With Birth Parents?

In the not too distant past, most adoptions were closed, and many surrendered children never learned their birth parents’ identities. But times have changed, and today, nearly 70% of adoptions are “open.” Keeping communication lines open can be fulfilling for all involved, but things tend to go smoother when boundaries are clearly defined, making formal adoption agreements a wise idea.

What Are Open Adoptions?

There are two main types of adoptions: closed and open. Under the former, birth parents don’t play any role in the child’s life. In some closed cases, birth parents’ names are sealed permanently, and the child can never learn their identities.

Conversely, open adoptions allow for some contact between the adoptive parents, birth parents, and child. Agreements vary. In some situations, the birth parents and adoptive parents raise the child together in a modern, blended family. On the other side of the spectrum, some adoptive parents agree to send the birth parents yearly updates and pictures, but the children never meet or spend time with them.

Contracts and Courts

When entering into an open adoption, contracts are frequently a good idea. More often than not, beautiful friendships and bonds form between parents and children in open adoption situations. But every so often, conflicts sprout. Sometimes, the birth parents overstep agreed-upon boundaries; other times, adoptive parents don’t honor visitation schedules.

When unfortunate situations arise, you may need to go to court, and in those cases, having a contract can help tremendously. However, the agreement must be signed by all involved parties, legally binding, and not flout federal or state laws.

The Typical Open Adoption Contract

Most open adoption contracts outline the rights and responsibilities of all involved parties. Typically, it will stipulate a time frame wherein the adoptive and birth parents can develop a relationship without the child. It’s an important trust-building phase. After the child has bonded with their adoptive parents and understands the situation — which may take years — some families allow the birth parents to play a role in the kid’s life.

In cases where the birth parents are present, an adoption visitation schedule is almost always included in the agreement. Situational boundaries are also built into most open adoption terms. For example, adoptive parents may want the children to celebrate the holidays with them or limit biological parental visits to once a quarter. And many contracts forbid birth parents from contacting the kids without permission or showing up at their schools unannounced.

When Should You Get Adoption Contracts?

Heightened emotions are a hallmark of the pregnancy and birth process. As a result, many people prefer to get contracts taken care of earlier rather than later. But every situation is different. It’s best to speak with a New Jersey adoption attorney who can assess the situational particulars and help you chart the best course.

Consequences of Not Having an Open Adoption Contract

Things can get messy without an adoption contract. Sometimes, agencies make both parties sign an agreement, which can act as formal terms. However, they’re not always thorough, and in some instances, the language unfairly favors one party over the other. Plus, agency agreements aren’t always legally binding and may not pass court muster.

Additionally, the lack of a contract may lead to a protracted process. It could take years to sort out conflicts. In those situations, legal costs can skyrocket, and in the end, a court may rule against you.

Consult With a New Jersey Adoption Attorney

Reach out today to learn more about your adoption rights and options. We understand the related sensitivities and will guide you through the adoption process. Adoption is a noble, commendable, and profoundly loving way to grow a family — and we’re here to support your excellent choice. If you live in the Haddonfield or Woodbury area and are considering an adoption contract, contact Cofsky & Zeidman at (856) 429-5005 or through our secure contact form.

Adopting a Member of Your Family

How Do You Go About Adopting an Extended Family Member?

In 2011, more than 1,000 children were placed in New Jersey with extended family members.

The Main Goal

The Department of Children and Families strives for the reunification of parents and children, but if this isn’t possible, the children will be designated as “legally free for adoption.” If a family member is available to adopt a child, the courts usually grant custody to this person over a nonfamily member. As a matter of fact, the most common type of adoption is that between a child and an extended family member.

Second Parent Adoption

One of the most common types of adoption is the “second parent” adoption. This is when a stepparent adopts a stepchild. In New Jersey, a stepparent may adopt a child if he or she is married to the biological parent. However, the parental rights of the noncustodial parent must have been severed.

This type of adoption is relatively straightforward. If the biological parent still has parental rights, the stepparent must obtain permission to adopt the child. This tends to be the most difficult type of permission to receive. In most cases, the stepparent acts as the child’s parent because the biological parent is not in the child’s life.

If the biological parent has parental rights, the stepparent may ask them to relinquish those rights voluntarily. This requires that the biological parent sever their parental rights by signing the designated form. Then the stepparent will be free to adopt the child after a background check and adoption hearing.

Parental rights can also be forcibly terminated, but this requires a court order.

Reasons a Biological Parent’s Parental Rights May Be Terminated

A biological parent’s parental rights may be terminated because he or she did not follow the recommendations of the Department of Child and Families’ Division of Child Protection and Permanency. The court may terminate a parent’s parental rights if it determines that this is in the best interests of the child. Finally, parental rights may be terminated after a biological parent is convicted of abusing, abandoning or inflicting cruel actions on the child.

If any of the above occur, the biological parent will not be able to gain custody of the child or be allowed to be a parent to the child again. Termination of rights also means that the custodial parent does not have to pay the other parent child support. The custodial parent also will not be required to reimburse the terminated parent for money that was spent on the children.

Foster Parents

Grandparents may be foster parents to their grandchildren. The state retains custody of the children in this case, but the grandparents have physical custody of them. The grandparents have many rights, but the biological parents retain their parental rights in some cases.

Custody or Guardianship

Grandparents also adopt their grandchildren in large numbers, but adoption is different from obtaining custody or guardianship of the children. With custody or guardianship, the biological parents keep their parental rights.

Guardianship or custody gives grandparents the right to enroll their grandchildren in school and make decisions for them. Grandparents can also obtain medical consent forms or powers of attorney that give them the right to make medical decisions for their grandchildren.

Adoption by Grandparents

In most cases, adoptions between grandparents and their grandchildren are open adoptions. However, there may be reasons grandparents may want to keep the adoption closed so that the biological parents do not have contact with the children. This occurs when the biological parent loses custody due to addiction, neglect, abuse or some other traumatic experience.

If the biological parent is resistant to allowing an adoption to take place, there are actions that you can take to ensure that you can adopt your stepchild. It requires the assistance of a New Jersey adoption attorney.

In order to adopt an extended family member’s child, the first thing that you should do is meet with a New Jersey adoption attorney. Donald Cofsky has several years of experience in adoption law. Contact us at (856) 429-5005. We are connveniently located in Haddonfield.

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