NJSBA Family Law Section

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  • 1.  Same sex married couple second parent adoption

    Posted 07-18-2017 01:36 PM

    Clients are a same sex married couple. One is pregnant via sperm donor and due in August. They seek to have the non-pregnant partner (who will already be on the birth certificate) legally adopt the child. Can anyone give me advice on what needs to be done? It can be off list.

    Also, do they need to wait until the child is 6 months old before the adoption can be done?

     

    Kevin M. Regan, Esq.

    43 Maple Avenue

    Morristown, New Jersey 07960

    Ph. (973) 998-9880

    Fax (973) 998-9872

    www.kevinreganlaw.com

     



  • 2.  RE: Same sex married couple second parent adoption

    Posted 07-18-2017 04:52 PM

    Kevin,


    You need some more information:


    1. Is the non-gestational mom the genetic mom - if so, then an adoption is not the only option for securing parentage judgment.
    2. What county do they live in - there have been some changes in Bergen's old policy of waiting, I can discuss with you.
    3. Was the donor anonymous or known - big issue if known.
    4. If you are unsure of process, please consider co-counseling or referring out - I am always very frank in saying that this is too important an issue for the child and parents to be cutting one's teeth on this and delays for errors could have an impact on a child's access to benefits or other issues could arise that make it difficult to complete.


    Deb Guston

    President, Academy of Adoption & Assisted Reproduction Attorneys


    =============================
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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