You may have always been someone who wanted children. One day, you may be kind enough to open your heart and home to an adopted child. While this is an honorable thing to do, it is not necessarily a simple process. Unfortunately, you may hit roadblocks, snags, or delays along the way, but this should not discourage you and cause you to give up on the child. So, before losing hope, please follow along to find out how to legally adopt a child and how a proficient Morristown child custody lawyer at Graves Andrews, LLC, can help make this lifelong dream into your real life.
How do I legally adopt a child in the state of New Jersey?
Before all else, you must meet the basic qualifications to be an adoptive parent. Specifically, you must be at least 18 years old or older, and generally at least 10 years older than the child you wish to adopt. Then, to petition a New Jersey family court, you must demonstrate that you are a resident of the state.
Once this is established, you must submit to a series of home studies and background checks. This is typically conducted by an agency or Child Protection and Permanency to determine that you can offer a stable home environment, adequate financial support, and overall possess the skills and characteristics to be a suitable adoptive parent.
Last but not least, you may need to appear in front of the court. They will review everything that has been collected for your case thus far and, hopefully, grant you adoptive rights over the child in question.
What happens if the child’s biological parents do not consent?
A major part of the adoption process that has not been mentioned yet is that the child’s biological parents must formally consent to your adoption. First, you may try to request that they sign a consent form. But if they refuse, you may have to serve them with a summons to appear in front of the New Jersey family court.
In these court proceedings, you may have to make an argument that the child’s biological parents are not fit enough to provide adequate care and support. If you are successful with your case, the court may ultimately terminate the biological parents’ parental rights. Then, you may no longer need permission to continue the adoption process.
That said, you may note that they are parentally unfit due to any of the following reasons:
- They have a history of alcohol or drug abuse and no rehabilitation for such.
- They have a history of incarceration or otherwise have a criminal history.
- They have a history of mental illness and institutionalization for such.
- They have a history of child abuse, abandonment, and/or neglect.
We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with a talented Morristown family law attorney from Graves Andrews, LLC today.