Adoptions in New Jersey

In New Jersey, adoptions are governed by a state statute. The New Jersey Adoption Act, N.J.S.A. 9:3-37, is the evolution of years of legal modifications to the laws regarding adoptions. The law attempts to satisfy both the best interests of the child with the rights and obligations of the adoptive parents and the biological parents. In the Garden State, there are multiple methods that people can employ to adopt a child. For example, there are private adoptions where prospective adoptive parents seek out the assistance of a state-approved agency. There are also step-parent adoptions and same sex couple adoptions - just to name the most popular. Despite which method of adoption a person or couple chooses, the New Jersey Adoption Act governs and guides all the adoptions in the state of New Jersey. A state-approved agency in New Jersey, is a government agency such as the Division of Child Protection and Permanency (DCP&P) or a non-profit agency that is approved through the Commission of Human Services to conduct adoptions. The New Jersey Adoption Act prevent state-approved adoption agencies from discriminating in the selection of adoptive parents for any child on the basis of age, sex, race, natural origin, religion or marital status. If an agency places a child in the home of prospective adoptive parents, these parents can file a Complaint for the adoption of the child after the child has resided in their home for a period of six months. In non-agency methods of adoption, prospective parents may also file a Complaint for adoption, but in this case, the court will give the prospective parents temporary custody of the child and will appoint an approved agency to oversee the process. The agency will then make sure that the biological parents' have surrendered their rights to the child and conduct other investigations to ensure that the tenets of the New Jersey Adoption Act are being properly followed by all parties to the adoption. A step-parent may also move to adopt a child who has acted like the step-parent's child for a long time. If the step-parent has fulfilled the responsibilities and obligations of an absent biological parent, the process may be even easier to effectuate. In these situations, a court may bypass the agency investigation and report requirements and gather evidence at a hearing to determine the facts of the situation. If and when any adoption is finalized, the process will bestow upon the adoptive parents all the rights and responsibilities of the biological parents and, in the legal sense, it is as if the adopted child was born to the adoptive parents. If you are considering any of the aforementioned methods of adoption in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information about adoption, child support, divorce, alimony or other family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Gay NJ Man May Relocate to Gay Unfriendly State With Adopted Child Against Other Parent's Objections

In the recent case of A.G. v. R.R, (BER-FM-02-2258-09) the Bergen County Court ruled that a parent of primary residence with good intentions cannot be barred from relocating with the child to a state hostile to lesbian, gay, bisexual and transgender (LGBT) marriage without a showing of prejudice to the rights of the other parent. In A.G. v. R.R., the child was adopted while the parties were living in New Jersey, although they never entered into a civil union or domestic partnership. Upon separation, the parties entered into an agreement affording primary custody to A.G. and permitted him to relocate with the child from New Jersey to New York so that A.G. could pursue lucrative job opportunities. Following an injury rendering A.G. unable to perform the theater jobs for which he was well paid in New York, he received a lucrative job offer from an Atlanta, Georgia television production company and filed a Motion in the New Jersey Superior Court, Family Part, to relocate the child to Atlanta. R.R. opposed the Motion on the grounds that a 2004 amendment to the Georgia Constitution prohibits same-sex marriage and recognition of marriages of same-sex couples performed in other states. Judge Thurber held that the Full Faith and Credit Clause of the United States Constitution would require Georgia to uphold custody and parenting time orders issued by the New Jersey Courts. Judge Thurber rationalized that, if Georgia is hostile to the parental rights of R.R., he has a judicial remedy in the New Jersey Courts which have an interest in seeing their orders upheld. The Judge was careful to note that there was no example of a Georgia court refusing to recognize the rights of out-of-state adoptive parents. If you or your former partner are seeking to relocate a child against the wishes of the other parent, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on adoption, child support, custody, parenting time/visitation, dissolution of a civil union, domestic partnership or marriage, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.