What you need to know about...
Adopting in New Jersey
Adoption in New Jersey
The Garden State had adoption laws that are pretty comparable to most states. In New Jersey, any individual over 18 may adopt, married or single. Benefits for Birth Moms allow for expenses to be paid by Adoptive Families when related to pregnancy and birth (medical, transportation, legal, counseling, living expenses). Ever wonder why it's called the Garden State? A man called, Adam Browning is credited with saying the state is "an immense barrel, filled with good things to eat and open at both ends, with Pennsylvanians grabbing from one end and New Yorkers from the other."
Home Study Providers in New Jersey
PairTree Home Study
The Modern Way to Home Study
Adoption Attorneys in New Jersey
14 Adoption Agencies in NJ
8 
AAAA Attorneys in NJ
Academy of Adoption & Assisted Reproduction Attorneys
Traveling For Your Adoption in New Jersey
Length of ICPC
in New Jersey
1-30 days
Email: njicpc@dcf.nj.gov
New Jersey participates in the Interstate Compact on the Placement of Children (ICPC) – a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval, and it ensures that the individual or entity placing the child remains legally and financially responsible for the child following placement.
Adoption Law FAQ in New Jersey
Advertising Law Info
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Can adoptive parents advertise for birth parents?
Yes.
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State Advertising Code of Law
This issue is not addressed in the statutes reviewed.
Adoption Law Info
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Who Can Adopt?
An individual 18 years or older who is at least 10 years older than the child, a married couple, a married individual without his or her spouse if living separately, or the childâs brother, sister, aunt, uncle, grandparent, birth father, or stepparent.
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Can out-of-state residents finalize an adoption?
Yes, if in-state agency used or if baby is less than three months old. In the latter, papers must be filed in the county where the baby was born.
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Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, but adopting parents canât pay an intermediary unless the intermediary is an approved agency.
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What birth parent expenses may be paid, and in what time period?
Medical (including transportation), legal, counseling (religious, psychological, vocational), living (food, clothing, shelter). During pregnancy and 4 weeks postpartum.
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When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
Agency adoption: birth parents are permitted to irrevocably terminate their parental rights to a licensed, not for profit New Jersey adoption agency some time following 72 hours after the child’s birth as long as they have had a minimum of 3 face to face options counseling sessions with a Birth Parent Counselor. There is no appearance before a judge; Private adoption: when judge terminates birth parents' rights, usually 2-5 weeks after birth if voluntary judicial surrender or 2-4 months after birth if no judicial surrender hearing. Return to birth mother dependent on when she revoked consent; return is not automatic to birth father.
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Qualifications for Adoptive Parents for adoption
Citation: Admin. Code § 10:121A-5.6
The agency shall ensure that the adoptive applicants:
Are at least age 18 and at least 10 years older than the child being adopted
Have the capacity to meet the childâs physical and emotional needs
The agency also shall ask applicants to disclose any history of child abuse or neglect or any criminal record, excluding minor traffic violations.
Home Study Info
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Elements of a Home Study for Adoption
Citation: Admin. Code § 10:121A-5.6
The home study process shall include the following:
• At least three in-person joint and individual interviews with married applicants
• At least one in-person joint and one individual interview with each member of the applicantâs household
• At least one visit to the residence of the applicants
• A review of the applicantsâ current job references
• A review of three personal references from persons unrelated to the applicants
The agency shall obtain information on the applicants, including, but not limited to:
• The applicantsâ interests, hobbies, child caring skills, strengths, and weaknesses, and how they see themselves and each other
• Philosophies on child rearing, discipline, parental roles, and experience with children
• Emotional stability and maturity
• The state of their marital relationship
• The attitudes of other members of the family
• Each parentâs family life history
• Each parentâs agreement that corporal punishment, including hitting and shaking, as well as abusive language and ridicule, are unacceptable means of discipline
• Written medical reports on each applicant and all other persons living in the home
• Verifications of present or previous marriage(s) and divorce(s) of each adoptive applicant, including deaths of former spouses when there was no divorce
• Location and description of physical environment of the residence and neighborhood
• A statement of income and financial resources, and a description of the applicantâs capacity to manage finances
The agency shall obtain fingerprint-based criminal history background checks and child abuse records checks on each adoptive applicant and all persons age 18 and older residing in the adoptive applicantâs home. -
Grounds for Withholding Approval for Adoption
Citation: Admin. Code § 10:121A-5.6
When the criminal records check reveals a record of criminal convictions, the agency shall examine the nature and seriousness of the crime and the date it occurred. Special attention shall be given to crimes of violence, crimes that involve the use or threat of a weapon, rape/sexual assault, crimes that result in the loss of life and crimes against children.
The agency shall determine whether the convicted individual completed a rehabilitation program, including a prison sentence, stays in a halfway house, treatment received in a drug treatment facility, treatment received in a psychiatric hospital, or counseling received in the community. If such evidence exists, the agency shall assess whether the convicted individual has been rehabilitated and shall consider such rehabilitation in deciding whether to approve the adoption application.
When the child abuse record background check reveals that the adoptive applicant or an adult residing in the home has a record of a substantiated incident of child abuse and/or neglect, the agency shall examine the nature and seriousness of the abuse and/or neglect incidents and determine if the perpetrator has completed a rehabilitation program or counseling program. If such evidence exists, the agency shall assess whether the perpetrator can provide an appropriate home for the child. -
When Home Studies Must Be Completed for Adoption
Citation: Admin. Code § 10:121A-5.6
The agency shall not place a child in the adoptive applicantâs home for the purpose of adoption without a completed home study.
For applicants who have been studied, approved, and placed on a waiting list for longer than 18 months from the time their home study was approved, the agency shall ensure that the home study is current within 18 months of the childâs being placed into the home. The updated home study shall include:
• One or more interviews with all members of the applicantsâ household
• Medical reports within the past year for all members of the applicantsâ household
• A visit to the residence of the applicants
• Updated financial information -
Postplacement Study Requirements for Adoption
Citation: Admin. Code § 10:121A-5.8
The agency shall visit the home within 14 calendar days of the adoptive placement and document that:
• The childâs background information was reviewed with the adoptive parents.
• The adoptive parent(s) and child were given reassurance that their feelings, worries, and joys are natural and understandable.
• School-age children have an educational plan.
• Working parents have made child care arrangements.
For children younger than age 5, the agency shall:
• Conduct bimonthly home visits for at least 6 months
• Document that all members of the household were interviewed
• Document that the following issues were discussed:
o How the presence of the child changed family relationships
o What role each family member has assumed regarding child care and discipline
o How parents cope with the demands of a crying infant and/or a child who âtestsâ the placement and how the family reacts to these episodes, including any feelings of insecurity about doing the ârightâ thing
For children age 5 or older, the agency shall:
• Conduct monthly home visits during the minimum supervisory 6-month period, and then bimonthly home or office visits until the adoption is finalized
• Document that the child was interviewed privately about his or her feelings about the adoption at each supervisory visit
• Document that the following issues were discussed:
o How the presence of the child changed family relationships
o What role each family member has assumed regarding child care and discipline
o How the child âtestsâ the placement and how the family reacts to these episodes, including any feelings of insecurity about doing the ârightâ thing
o How the family perceives the childâs sense of identity and the need to fill in gaps in the childâs history
o How the child has adjusted to the school environment