Adopting a Child in New Jersey

Any person may file an adoption action, but a married person may do so only with the spouse's written consent, jointly with the spouse, or while living apart. The plaintiff must be at least 18 and at least 10 years older than the child, unless the court waives either requirement for good cause. A parent's surrender to an approved agency must be a signed, acknowledged instrument, cannot be taken before birth or within 72 hours after birth, and is generally irrevocable. When the child was not received from an approved agency, the court appoints an approved agency to investigate and report on the child and the adoptive home, and holds a preliminary hearing two to three months after filing. A parent entitled to notice may object within 20 days (35 for nonresidents), and the court may grant the adoption over an objection if the parent substantially failed, or is unable, to perform regular parental functions of care and support.

When the plaintiff is the child's stepparent, the court may dispense with the agency investigation and report and instead take direct evidence at the preliminary hearing; a domestic violence central registry search is still run. A married plaintiff needs the spouse's written consent or must sue jointly. The other parent is entitled to notice and may object, and the court can grant the adoption over an objection if that parent substantially failed to perform, or is unable to perform, the regular and expected functions of care and support.