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New Jersey's Adoption Laws

Adoption Records

New Jersey

Statute: § 9:6-8.10a

Records Confidential: Yes

Persons with access to records

CPS/State Agencies

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Review Teams

• Treatment Providers

• Subject of Reports

• Public/Any Person

Persons without access to records

Agencies From Other States

• Attorneys General/Prosecutors

• Coroners

Other Day care providers State legislative committees Victims of Crime Compensation Board Public disclosure in child fatality or near fatality cases


© This information is from the National Adoption Information Clearinghouse.


Consent to Adoption

The consent maybe signed 72 hours following the birth. MAKE SURE TO SEND THE AF THE BMS ORIGINAL SOC/MED DOC AS WELL AS THE NJ SOC/MED DOCS THAT AF HAS TO SIGN TO SHOW THEY RECEIVED A COPY OF. YOU MUST SEND BOTH SETS OF SOC/MED FORMS TO EVERY NJ AF.

Pre-consents are not allowed in the state of New Jersey.

Revocation Time Frame in New Jersey

The consent is irrevocable upon signing.


Parties to an Adoption

New Jersey

Who May Adopt

Statute: § 9:3-43

Any person who is at least 18 years of age and 10 years older than adoptee may adopt.

Married persons must adopt jointly.

Who May Be Adopted

Statute: § 9:3-39.1

Any child

Who May Place a Child for Adoption

Statute: § 9:3-39.1

The parent or guardian of the child

An approved agency

An intermediary, if the adoptive parent has a home study through an approved agency


© This information is from the National Adoption Information Clearinghouse.


Birth Father Statutes

No information currently available.


Adoption Expenses

New Jersey

Birth Parent Expenses Allowed Statute: § 9:3-39.1(e)

  1. • Medical, hospital, counseling, and other expenses connected with the birth of the child
  2. • Reasonable living expenses, including food, clothing, and shelter
  3. • Attorney fees and legal costs
  4. • Religious, psychological, or vocational counseling during the pregnancy
  5. • If the child is from a foreign country, reasonable and customary fees and expenses of a foreign agency or attorney

Birth Parent Expenses Not Allowed Statute: § 9:3-39.1(e) 

Payments for expenses cannot extend beyond 4 weeks after the termination of the pregnancy, by birth or otherwise.

Allowable Payments for Arranging Adoption Statute: § 9:3-39.1(a) 

Only an approved agency or person may offer to place or materially assist in the placement of a child for adoption.

Allowable Payments for Relinquishing Child Statute: § 9:3-39.1(c), (d)

  1. • The decision to place a child for adoption cannot be contingent upon payment of expenses.
  2. • Payments made are nonrefundable.

Allowable Fees Charged by Department/Agency Statute: §§ 9:3-48; 9:3-53

  1. • In a nonagency adoption, all expenses and fees for the investigation and any counseling provided shall be the responsibility of the adopting parent.
  2. • The costs of all proceedings shall be borne by the petitioner.

Accounting of Expenses Required by Court Statute: § 9:3-55

 A detailed report, signed and verified, that discloses all sums of money or other valuable consideration paid or agreed to be paid, shall be filed with the court.


© This information is from the National Adoption Information Clearinghouse.


International Expenses

No information currently available.


General Adoption Statutes

New Jersey

Agency or Person Gathering Information or Preparing Report Statute: § 9:3-41.1 Child placement agency

Contents of Report About Person to be Adopted Statute: § 9:3-41.1

  1. • Developmental and medical history
  2. • Personality and temperament

Contents of Report About Birth Parents Statute: § 9:3-41.1

  1. • Medical history, including hereditary conditions
  2. • Drugs and medications taken during pregnancy
  3. • Any known factor that may influence the current or future health of the adopted person

Contents of Report About Adoptive Parents Statute: § 9:3-54.2

  1. • Suitability
  2. • Criminal background check
  3. • History of child abuse

© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

Other Aspects of New Jersey Adoption Law

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Tom & Lisa

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