NJSBA Family Law Section

I have a friend/potential client, who seeks to change the name of her 10 year old, foreign adopted child. She was adopted many years ago from a West African country.  PC ultimately seeks to change the child's West African first and last names, so it reflects her current nickname, and her mother's surname.

PC adopted the child when she was 2, in the West African country and pursuant to the laws of the country where they both lived at the time. The child was issued a passport upon returning to the U.S.A. PC is a single parent. She is in her late 50s and earns a modest income.  PC was not a NJ resident at the time she went to West Africa and adopted the child there.

I previously attempted to have the state of NJ recognize the foreign adoption and issue a new Birth Certificate for the child, per statute and regs.  Because the PC did not live in NJ at the time of the adoption, the AG's office has directed us back to the state(s) PC lived in at that time, concluding that you must be living in NJ at the time of the adoption to access this procedure.

I spoke to the Essex County Surrogate's clerk regarding NJ recognizing the  foreign adoption.  He told me that the case must be handled as a re adoption and follows the procedures of an agency adoption, thus requiring home studies and fingerprinting, child abuse clearance, etc.  PC is cost sensitive and as an older, single mother, wary about home studies, and the cost.  

I have thus been looking into her simply changing the child's name.  I see the best interests of the child govern. Do the required notices always get issued in the Star Ledger?  What is the cost?   We are in Essex County.

If anyone has an further ideas for me, I'd welcome them.  I'd like to get my friend the desired relief and keep costs down for her.  Many thanks.


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Rhonda Panken Esq.
South Orange NJ
(973)419-6554

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Rhonda,

Sad to say, this is the lay of the land.

The only avenue will be re-adoption or legal name change, which must follow all of the publication requirements.  Remember two things however - your client, in my view, should do the re-adoption.  She's likely due to her limited income as you describe it, be able to claim the adoption tax credit, if she did not claim it in the initial adoption.  That would solve most of the cost issues, as it would essentially refund the costs when she files her 2013 federal return and claims the expenses under the credit program.  Obviously, the name change costs are not subject to any credit or refund and is a more public process.


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Debra Guston Esq.
Glen Rock NJ
(201)447-6660

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Original Message:
Sent: 04-22-2013 08:30
From: Rhonda Panken
Subject: Name Change for Foreign Adopted Child

I have a friend/potential client, who seeks to change the name of her 10 year old, foreign adopted child. She was adopted many years ago from a West African country.  PC ultimately seeks to change the child's West African first and last names, so it reflects her current nickname, and her mother's surname.

PC adopted the child when she was 2, in the West African country and pursuant to the laws of the country where they both lived at the time. The child was issued a passport upon returning to the U.S.A. PC is a single parent. She is in her late 50s and earns a modest income.  PC was not a NJ resident at the time she went to West Africa and adopted the child there.

I previously attempted to have the state of NJ recognize the foreign adoption and issue a new Birth Certificate for the child, per statute and regs.  Because the PC did not live in NJ at the time of the adoption, the AG's office has directed us back to the state(s) PC lived in at that time, concluding that you must be living in NJ at the time of the adoption to access this procedure.

I spoke to the Essex County Surrogate's clerk regarding NJ recognizing the  foreign adoption.  He told me that the case must be handled as a re adoption and follows the procedures of an agency adoption, thus requiring home studies and fingerprinting, child abuse clearance, etc.  PC is cost sensitive and as an older, single mother, wary about home studies, and the cost.  

I have thus been looking into her simply changing the child's name.  I see the best interests of the child govern. Do the required notices always get issued in the Star Ledger?  What is the cost?   We are in Essex County.

If anyone has an further ideas for me, I'd welcome them.  I'd like to get my friend the desired relief and keep costs down for her.  Many thanks.


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Rhonda Panken Esq.
South Orange NJ
(973)419-6554

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