Private Adoption Attorneys Haddonfield New Jersey NJ Child Abuse Legal Advice

Introduction

The good news is that New Jersey is a relatively adoption-friendly state. With the changes in the New Jersey Adoption Act in 1994 and with the new changes that were signed into law in 1998, New Jersey has shown its approval of and support for adoptions.

Overview

New Jersey allows the following adoptions:

Agency Placements ( Traditional or Open Adoptions)
Private Placements
Identified Adoptions (Where you have found the child but use an agency to help finalize)
Intermediary Assisted Adoptions (Non-Agency)

Highlights of New Jersey Adoption Law

PRIVATE ADOPTIONS

1.	Q. A.	What is a Private Adoption? Private Adoptions are arranged either on a "Face to Face basis with no intermediary, or with the use of a private intermediary.
2.	Q. A.	Can you pay a private intermediary if you adopt in New Jersey? If a private intermediary is used, the private intermediary cannot be paid anything for his or her services. Any payment is a direct violation of the law.
3.	Q. A.	Can you advertise for an adoption? Yes, a prospective adoptive couple can advertise in New Jersey, which is something that not all states allow.
4.	Q. A.	Once you find a child privately and the child is placed with you, what must you do next? Once a child is located who is available for adoption, a complaint in adoption must be filed promptly, within 45 days of receipt of the child. Upon the filing of a complaint, the child becomes a ward of the state, the adopting parent or parents are awarded custody, and an approved agency is appointed to do an adoption investigation.
5.	Q. A.	How many court hearings are there and when do they take place in a private adoption? A preliminary hearing is scheduled in 2-3 months of the filing of the complaint, at which time the parental rights of the birth parents are terminated, and the court determines if the child is fit for adoption and that the adoptive parents are fit.
6.	Q. A.	When does the final hearing take place? The final hearing is 6 months after the preliminary hearing after the supervisory visits are completed by the approved agency.

AGENCY ADOPTIONS

1. Q.
A.
How does an agency adoption differ from a private adoption?
The agency makes the placement of a child either from a birth mother that the agency has located, or from a birth mother that the adoptive parents have located as part of an identified adoption.

2. Q.
A.
When may a birth parents rights be terminated in an agency adoption?
The birth parents rights may be terminated by a New Jersey agency 72 hours after the child is born. Once the birth parents sign the proper relinquishment form after having received the appropriate counseling, the termination is effective and is only subject to being set aside if fraud or duress on the part of the agency can be established.

3. Q.
A.
How many court hearings are there and when do they take place in an agency adoption?
There is one court hearing. It cannot take place until after 6 months form the date of the placement.

EXPENSES

1. Q.
A.
What expenses may an adoptive parent pay in connection with an adoption?
New Jersey allows, in either a private or agency placement, payment of the birth mother's medical expense as well as reasonable living expenses. Counseling and legal fees for the birth parents may also be provided.

2. Q.
A.
If the adoption falls through can the adoptive parents get their money back?
No, not in New Jersey. If an adoption does not take place, the return of the child cannot be conditioned on a repayment of expenses. Further, birth parents must be informed as to this lack of conditions.

HOME STUDIES

1. Q.
A.
Do I have to have a home study in order to adopt?
Yes, a home study is required for all adoptions in New Jersey with the exception of certain intra-family adoptions, such as stepparent adoptions.

2. Q.
A.
What is included in a home study?
Besides a review of the prospective adoptive family, a New Jersey home study includes a check of the child abuse registry as well as state and federal fingerprint clearances.

3. Q.
A.
How long does it take to get a home study?
While the agency portion of a home study can be completed sometimes within days, it may take anywhere from 8-10 weeks to get all of the fingerprint clearances. It is therefore extremely important to start the home study process early if contemplating an adoption.

DOCUMENTS ISSUED AFTER ADOPTION

1. Q.
A.
What documents are issued in connection with an adoption?
In both a private and agency adoption, the judge will sign a judgment of adoption which will then be sent 1-2 weeks after the final hearing. A new birth certificate is also issued showing the adoptive person or couple as the parent or parents of the child. It usually takes 1-2 months to obtain a new birth certificate after the adoption is finalized.

2. Q.
A.
Are all court documents and proceedings sealed or open to the public?
Currently in New Jersey all adoption records are sealed and may only be opened by a court order for a showing of "good cause".

ADOPTION TIPS

1. Q.
A.
What tips would you give for those seeking to adopt?

Do your homework with regard to adoptions.

Deal only with an approved and reputable agency if you are going the agency route.

Make sure to deal with an attorney who is experienced in the area of adoption law. The American Academy of Adoption Attorneys can provide you with a list of its members, all of whom are required to meet a certain standard of expertise in Adoption Law.

Have your home study done as early as possible to avoid any delays. This is especially important if the child is to be born in another state.

When dealing with a birth mom in a private adoption, be wary of any requests for money. It is always advisable to employ an attorney in a private adoption setting.

Do not forget about the birth father-he has rights too, which must be dealt with and generally are taken care of either by the agency or by the attorney.

If you are considering adoption, do not be afraid to "tell the world" of your search since word of mouth is often one of the best ways of finding a child to adopt.

2.
For more adoption help, contact Donald Cofsky.

Cofsky & Zeidman, LLC
209 Haddon Avenue
Haddonfield, New Jersey 08033
(856) 429-5005
FAX (856) 429-6328
www.209law.com

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