The 5 New Jersey Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important New Jersey adoption laws you need to know about when considering this for your family.

Top 5 New Jersey Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in New Jersey?

A parent or guardian may surrender a child. A “parent” includes the husband of the mother when the child was born or conceived or a putative or alleged father.

N.J. STAT. ANN. § 9:3-41, 9:3-45, 9:46, 9:49 (2020)

New Jersey does not have a putative father registry, but a father may establish paternity through the court.

N.J. STAT. ANN. § 9:17-41 (2020)

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in a New Jersey adoption?

An expectant mother may receive payment, provision, or reimbursement for medical, hospital, counseling, or other similar expenses incurred in connection with the birth or any illness of the child, or the reasonable living expenses of the mother of the child during her pregnancy and may receive the payment directly.

N.J. STAT. ANN. § 9:3-39.1(e) (2020)

Separate Legal Representation

Will I be offered my own New Jersey adoption lawyer?

This issue is not addressed under New Jersey law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.

Open Adoption

How does Open Adoption work in New Jersey?

This issue is not addressed under New Jersey law. This means that any agreement about open adoption in New Jersey is based only on a promise, and will not be enforced by a court. It's still very important that whatever you agree to is written down and signed by everyone.

Click here for a map showing which states enforce open adoption agreements.

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How does Consent to Adoption work in New Jersey?

How does the legal process for adoption work in New Jersey?

Consent may be given seventy-two hours after the birth of the child and shall be signed in front of an authorized officer.

N.J. Stat. Ann. § 9:3-41 (2020)

How long will I have to change my mind about adoption in New Jersey?

Consent is irrevocable unless a court finds that there is evidence of fraud, duress, or misrepresentation.

N.J. Stat. Ann. § 9:3-41(a) (2020) 

 

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