A child can only have two legally recognized parents in New Jersey. Therefore, if a stepparent wants to adopt their spouse’s child, the other biological parent must either be deceased or give up their parental rights. Under certain circumstances, a stepchild can be adopted without the other parent’s consent, but it heavily depends on the specific circumstances of the situation. To learn more and secure skilled representation, reach out to an experienced Union County adoption attorney today.
What Are the Legal Requirements for a Stepparent Adoption in NJ?
The sentiment behind a stepparent adopting their stepchild is heartwarming, but it is important to understand that the process is not generally simple. There are many legal requirements that must be met before the adoption can take place. Consider the following.
- The adopting parent must be legally married to the child’s parent
- The adopting parent must be 18 years of age or older
- The adopting parent must be at least 10 years older than the child
- The noncustodial parent must give their consent by terminating their parental rights
- The child must consent to the adoption and be present at the hearing if they are 10 years of age or older
Can a Stepchild Be Adopted Without the Other Parent’s Consent?
The easiest way for a stepparent adoption to proceed is with the other parent’s consent and forfeiture of parental rights. However, if the other parent refuses or cannot be located, it can create problems and hold up the adoption process. With that being said, a stepchild can be adopted without the other parent’s consent in a few ways.
First, a New Jersey court could involuntarily terminate the other parent’s rights if they refuse to do so themselves. This is not a decision a court makes lightly, so there will need to be evidence of a valid reason to cut those ties. A court may terminate a parent’s parental rights if they have been convicted of a crime involving the abuse, neglect, or abandonment of the child, have been convicted of assaulting or murdering another child, or refuse to cooperate with the Department of Child Protection and Permanency. In general, if it is in the child’s best interest that their other parent’s rights be terminated, a court will approve it.
Another way that a stepchild can be adopted without the other parent’s permission is if the court determines that there is no need to obtain their consent. If the parent has never had a legally valid relationship with the child, then they may not actually have any rights to be terminated. This could be the case if the parent was not listed on the birth certificate or has never taken financial or other responsibility for the child.
Adopting a stepchild can be a complex and time-consuming process, but it may be important for you and your family. If you have questions or concerns about your legal options, do not hesitate to contact an experienced attorney at Ross & Calandrillo today.
