By law, in New Jersey both parents must consent to a child's adoption. However, if the biological father is absent, his identity unknown, he is not told about the pregnancy or he doesn't object to the adoption, then the adoption will proceed. If the birth mother or adoption agency knowingly allows an adoption to move forward without a known birth father's consent, the adoption is at risk because the birth father can contest the adoption, and the adoption reversed.

Fathers who want involvement in a NJ adoption must establish that they are the biological father.