Types of Adoptions

in New Jersey

There are two types of child adoptions in NJ:

(1) approved agency placement adoptions, and (2) private placement adoptions.

Approved Agency Placement Adoptions

Licensed non-profit corporations, associations or agencies authorized to place children for adoption in New Jersey are regulated by the New Jersey Department of Human Services Division of Youth and Family Services (DYFS).

Agency NJ adoption: An adoption agency, licensed by NJ, screens the suitability of prospective parents and then matches parents and children. The adoption agency will guide you through the adoption process. The agency will prescreen the adoptive family and the child, and will offer children to prospective parents when they think there's a good match. An agency may also give preference to certain types of prospective parents (based on religion, marital status, etc.). When choosing an agency adoption, prospective parents may also want to use the services of an adoption attorney, since adoption involves legal issues and contracts. Remember the courts will also be involved.

Checklist When Using an Adoption Agency in Your NJ Adoption

When selecting an adoption agency, consider the following:

• Ask friends, family and others to recommend agencies with a solid reputation or that they've had a good experience with as adoptive parents.

• Confirm that the agency is licensed to operate in New Jersey.

• Ask for an itemized list of the total estimated costs. When will payment be due?

• Find out what services are provided by the agency.

Private Placement Adoptions in New Jersey

Private adoption (aka independent adoption): Private Adoptions are arranged between the prospective parents and the birth parents. An attorney, physician, friend or licensed adoption facilitator may help make the introduction. Prospective parents who are pursuing a private adoption should strongly consider using an attorney.

The private placement of children for adoption is only allowed in three situations:

• A parent or guardian of the child may place a child for adoption.

• If the placement is with a brother, sister, aunt, uncle, grandparent, birth father or step parent of the child.

• The placement for adoption is made through an intermediary if certain requirements are met. Intermediary requirements are specified under NJ State Statutes.

Generally, private placements are more complicated than an agency adoption and are disfavored although permitted. Persons other than the parent or guardian of the child to be adopted are subject to tight restrictions.  Any adopting parent must disclose all sums of money or other consideration paid or agreed to be paid to anyone in connection with the birth of the child, including placement with the adoptive parent, medical expenses of the birth mother during the prenatal and postnatal period and other services relating to the adoption including legal services.  The New Jersey Supreme Court in a landmark decision known as the matter of Baby M Case has ruled that a surrogate parenting contract conflicts with NJ laws prohibiting the use of money in connection with adoptions even if the contract states that the money paid to the surrogate is for her services and not for the adoption.

What About Interstate Adoptions Involving NJ Children?

Adopting a child from another state is permitted in New Jersey through interstate compact governing the placement of children (ICPC).  The ICPC applies when a child is to be moved across state lines to be adopted. The ICPC requires that the sending agency notify the appropriate public authorities in the receiving state of its intention to place a child in that state.   In New Jersey, the authority to be notified is the Department of Human Services.

Stepparent Adoption and the Rights of Grandparents

of a Child in NJ 

Grandparent Visitation Rights are Protected in NJ

Grandparents of birth parents have rights to be granted visitation if visitation is in the best interest of the child.  An adoption by a stepparent cannot standing alone extinguish a grandparent’s statutory right to visitation nor can an adoption eliminate a grandparents visitations rights though they can arguably effect those rights.   Thus, the Courts in New Jersey have permitted grandparents to intervene in adoption cases since they have an interest that may be prejudiced or affected by the entry of a judgment of adoption.

Adoption Law Attorneys serving these New Jersey Counties:

Monmouth County, Ocean County, Essex County, Cape May County, Mercer

County, Middlesex County, Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County