Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in New Jersey may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of New Jersey child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Ann. Stat. §§ 9:3-38(l); 9:3-39.1(a)(4)
An ''intermediary'' is any person or entity, which is not an approved agency, that acts for or between any birth parent and any prospective adoptive parent, on behalf of either in connection with the
placement of a child for adoption.
An intermediary shall not receive money or other valuable consideration in connection with such placement. When placement is through an intermediary:
The person with whom the child is placed shall have been approved for placement by an approved agency home study.
The birth parent shall have been offered counseling.
Written notice shall be given to the birth parent.
A decision by the birth parent not to place the child cannot be conditioned upon reimbursement of expenses paid by the adoptive parent.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 9:3-39.1(e)
Medical, hospital, counseling, and other expenses connected with the birth of the child
Reasonable living expenses, including food, clothing, and shelter
Attorney fees and legal costs
Religious, psychological, or vocational counseling during the pregnancy
If the child is from a foreign country, reasonable and customary fees and expenses of a foreign agency or attorney
Birth Parent Expenses Not Allowed
Citation: § 9:3-39.1(e)
Payments for expenses cannot extend beyond 4 weeks after the termination of the pregnancy, by birth or otherwise.
Allowable Payments for Arranging Adoption
Citation: § 9:3-39.1(a)
Only an approved agency or person may offer to place or materially assist in the placement of a child for adoption.
Allowable Payments for Relinquishing Child
Citation: § 9:3-39.1(c), (d)
The decision to place a child for adoption cannot be contingent upon payment of expenses.
Payments made are nonrefundable.
Accounting of Expenses Required by Court
Citation: § 9:3-55
A detailed report, signed and verified, that discloses all sums of money or other valuable consideration paid or agreed to be paid, shall be filed with the court.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. §§ 9:3-41; 9:3-45
The child may be surrendered for adoption by:
The parent or guardian of the child
Any agency that has obtained the authority to place the child for adoption
For purposes of this section, ''parent'' means:
The husband of the mother of a child born or conceived during the marriage
A putative or alleged biological mother or father of a child
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 9:3-49
If the child sought to be adopted is age 10 or older, the appearance of the child shall be required at the final adoption hearing, unless waived by the court for good cause shown, and the child's wishes
concerning the adoption shall be solicited by the court and given consideration if the child is of sufficient capacity to form an intelligent preference regarding the adoption.
When Parental Consent is not Needed
Citation: Ann. Stat. § 9:3-45; 9:3-46
Notice of an adoption proceeding shall not be served on a parent:
Who has executed a valid surrender to an approved agency
Whose parental rights have been terminated in a separate judicial proceeding
Who has, prior to the placement of the child for adoption, received notice of the intention to place the child, and who has either failed to file written objections or denied paternity or maternity of
the child
Who has given the child for adoption to the adopting parent, and the court has determined that the surrender was voluntary and proper
Whose child has been made available for adoption in a foreign state or country if the U.S. Immigration and Naturalization Service has determined that the child has been approved for adoptive placement
Who is presumed to be the biological father of the child but who, within 120 days of the birth of the child or prior to the date of the preliminary hearing, whichever occurs first, has not acknowledged
paternity
A judgment of adoption shall be entered over an objection of a person who is entitled to notice if the court finds, during the 6-month period prior to the placement of the child for adoption or within
120 days after the birth of a child or prior to the date of the preliminary hearing, whichever occurs first, in the case of a child placed for adoption as a newborn infant:
That the parent has substantially failed to perform the regular and expected parental functions of care and support of the child, although able to do so
That the parent is unable to perform the regular and expected parental functions of care and support of the child and that the parent's inability to perform those functions is unlikely to change in the
immediate future
When Consent Can Be Executed
Citation: Ann. Stat. § 9:3-41(e)
A surrender by the birth parent of a child shall not be valid if taken within 72 hours of the birth of the child. The denial of paternity by an alleged father, at any time including prior to the birth
of the child, shall be deemed a surrender for purposes of allowing the child to be adopted.
Revocation of Consent
Citation: Ann. Stat. § 9:3-41(a)
The surrender shall be valid and binding without regard to the age of the person executing the surrender and shall be irrevocable except at the discretion of the approved agency taking such surrender or
upon order or judgment of a court of competent jurisdiction setting aside such surrender upon proof of fraud, duress, or misrepresentation by the approved agency.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 9:3-45; 9:3-45.1
The putative father may file written objections within 20 days of receipt of notice of adoption proceedings in the case of a resident, or within 35 days if a nonresident.
The putative father is entitled to notice if within 120 days of the child's birth, or prior to the date of a preliminary hearing (whichever occurs first), he has acknowledged paternity by amending the
birth certificate or filing a paternity action in court.
Please visit adoption law in New Jersey for more details. |