Can a Stepparent Adoption Occur Without the Other Parent’s Consent in New Jersey?

Found family can be just as important and meaningful as blood relations. When a stepparent wants to make their relationship with their spouse’s child official, they may decide to pursue a formal adoption. However, depending on the relationship between the child and their other parent, the process can be complex. If you are a stepparent and are wondering whether the adoption can proceed without the other parent’s consent, read on and speak with a Morristown family law attorney for more information.

What is a Stepparent Adoption?

A stepparent adoption is when the birth parent of a child is married to someone other than the child’s other parent, and their spouse adopts the child. Stepparents and stepchildren often have close relationships, especially when the parent has been married to them for many years or since the child was young. Adoption, while not technically necessary, is often sought out to make the parent-child relationship official and to provide the parent with certain rights and benefits.

How Can a Stepparent Adoption Occur?

In order for a court to approve a stepparent adoption, there is a variety of criteria that must be met. For example, the stepparent seeking adoption must be legally married to the child’s biological parent, over the age of 18, and at least 10 years older than the child. If the child is 10 years of age or older, they must also consent to the adoption.

Additionally, the child’s other biological parent must consent to the adoption by relinquishing their parental rights.

Can a Stepparent Adoption Occur Without the Other Parent’s Consent in NJ?

If the child’s other parent refuses to give their consent, it raises the question of how the family can proceed. There are generally two ways that a stepparent adoption can continue even without the other parent’s permission.

1. Involuntary termination of rights: If the other parent refuses to voluntarily give up their rights, the court can terminate their parental rights involuntarily under certain circumstances. If the other parent has been convicted of a serious crime, has been abusive, has neglected the child, has a serious substance abuse issue, has abandoned the child and cannot be located, has failed to maintain contact with the child for an extended period of time, or has done anything else that could be considered dangerous or harmful to the child, the court may terminate their parental rights and allow the adoption to proceed.
2. Consent is not required: Under certain circumstances, the court may find that the noncustodial parent’s consent is not required. This generally only applies to situations where it is found that the child and noncustodial parent do not have a valid legal relationship. For example, if the parent is not listed on the birth certificate or has never taken financial, physical, or emotional responsibility for the child, their consent may not be legally required.

The process of a stepparent adopting a child can be complex, so it is important that you understand your legal rights and responsibilities. Work with an experienced family lawyer for skilled legal services today.