Edit Legal New Jersey Adoption Forms For Free

Does A Stepparent Have Any Legal Rights? A stepparent does not always have legal rights to seek custody of a child or seek visitation with a child, nor do they always have any rights related to legal decision-making power in regard to a child.

For an adult to adopt a stepchild, they must be married to the child's biological parent. Furthermore, the non-custodial parent's rights must have already been terminated. This might be the first reason why you scheduled a consultation with a New Jersey adoption attorney.

The court may allow a stepparent adoption to go forward without getting the other parent's written consent if: The other parent has died. The other parent signs a waiver saying they do not want to be involved with the adoption. The other parent signs a form saying they are not the child's biological parent.

In New Jersey, adoption records as well as the original birth certificate are sealed once the adoption has been finalized. In some cases, adoption records can be accessed, but a court order is required.

Stepparent Adoption Route in New Jersey To adopt a stepchild, the non-custodial parent must give up their parental rights. The stepparent will be fingerprinted and be the subject of a background check. The Division of Child Protection and Permanency will also conduct a brief investigation.

Must have the support of both biological parents The stepparent who wishes to adopt their stepchild must garner both biological parents' support, not just the parent they are seeking to replace. If the stepparent has since divorced the custodial parent, the stepparent does not need consent.