Stepparent Adoption in New Jersey

David Gray • September 15, 2022
Stepparent Adoption in New Jersey

There are various types of adoption  - from people seeking to adopt a child to stepparent adoptions to grandparents or relative adoptions. In this blog, we are going to discuss stepparent adoption in New Jersey. 


If a stepparent agrees to adopt, they agree to become the legal parent to their spouse's child and to be fully responsible for them. 


Once the adoption occurs, the noncustodial parent (the parent not living with the child) no longer has rights or responsibilities for the child, including child support. 


For instance, Denise is a single mom with two children. After 5 years, she and her boyfriend, Dennis, get married. The children’s father, Derek, lives down the shore and rarely sees them. Dennis and Denise decide that Dennis would like to adopt the boys. After following the steps to legally adopt the children, Derek no longer has rights or responsibilities to the children. 


What steps need to be taken for a stepparent to legally adopt their spouse's child(ren)?


ChildWelfare.gov put together
this great resource on stepparent adoptions. 


One of the first steps in a stepparent adoption is obtaining consent. In all states, the birth mother and the birth father (provided he has properly established paternity) hold the primary right of consent to the adoption of their minor child. 


In stepparent adoptions, both biological/legal parents of the child must consent unless the court determines otherwise. 


In New Jersey stepparent adoptions, any child over the age of 10 must consent to the stepparent adoption and attend the adoption hearing. 


If you are interested in adopting your stepchild,
discussing your unique situation with an attorney is a good first step. 


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