NJSBA Family Law Section

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  • 1.  Step-Parent and Re-Adoption Adoptions

    Posted 04-09-2020 03:43 PM
    Good afternoon everyone... I hope you are all staying safe and healthy!!

    Step-parent adoption - I am working on my first step-parent adoption and was looking for any tips. It appears the step-parent needs to obtain fingerprint and background check (along w/ other adults in house aside from bioparent), as well as consent of other bio parent. Anything else need to be done, aside from complaint and associated documents? 
    Also, I assume the fingerprinting and background check/adoption agency investigation gets done first before filing w/ court? 

    Re-Adoption - I have parents that adopted child in China in 2006 and now want to do re-adoption in NJ. The child was granted citizenship in the US in 2007. Here is my question, as the adoption agency was in Texas (in 2005-2006), do the parents need to obtain new fingerprint and background check/adoption agency investigation? 

    Thank you!

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    Alison Weinroth Esq.
    Mattleman, Weinroth & Miller
    (609)922-9767
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  • 2.  RE: Step-Parent and Re-Adoption Adoptions

    Posted 04-09-2020 03:52 PM
    Background checks need to be done ASAP as it may take a little more time than usual given the circumstances but they may be filed, per AOC Directive, after the filing, but before the hearing, provide for that in your Order for Prelim & Final Hearing. You must serve the bio parent whose rights will be terminated with the JEV Right to Counsel notice that can be found on the AOC site or from the surrogate.

    Re-adoption - they will need a current home study update under the statute and rules.  This is a pain, but this should have been done years ago and it happens to many families.  New background checks, home study update. If they were NJ residents at the time of the placement, they would have had a NJ home study - see what agency did the home study, it might be an out of state agency that was licensed in NJ.  If they were not NJ residents, they will need to start a new home study for the readopt with a NJ agency.  Why do they want to do a re-adopt - if the child is a citizen they can submit to Vital Records for a NJ birth certificate if that is all they want.

    Deb Guston


    Past President,
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017



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


  • 3.  RE: Step-Parent and Re-Adoption Adoptions

    Posted 04-10-2020 01:52 PM
    Deb

    Let me know if you get a call about a private adoption.


    ________________________________
    On: 09 April 2020 15:52,


    Original Message