9:17-71 Eligibility to file for adoption.

399 words·~2 min read·/nj/title-9/chapter-17/9-17-71

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

3. a. A natural parent or person treated in State law as a legal parent of the child, and the current or former partner in civil union or the current or former spouse of the natural parent or person treated in State law as a legal parent may jointly file a complaint for a judgement of adoption with the Superior Court, Chancery Division, Family Part of the county of residence of the spouse, civil union partners, or one of the parties to the action.

b. Attached to the complaint shall be:

(1)proof of a valid civil union or marriage between the natural or legal parent and that person's partner in civil union or spouse, issued prior to the birth of the child;

(2)an original birth certificate issued by the State Registrar of Vital Statistics on which both partners in civil union or spouses are listed as parents of the child; and

(3)a written declaration signed by both parties to the action that describes in sufficient detail how the child was conceived and identifies any other involved parties so that the court may determine whether those individuals have parental rights to the child.

c. The court shall, if it determines that the parental rights of any other interested individual have been relinquished or terminated, issue a judgement of adoption confirming both parties to the action as the legal parents of the child, without the need for an appearance by the parties.

d. The court shall, if it determines that another individual may have existing parental rights to the child, order and conduct a hearing on the matter, providing notice to all parties, before issuing a judgement of adoption.

e. No home study or background check shall be required by the court in order to issue a judgement of adoption pursuant to this act.

f. The process provided by this section shall not be available to the intended parents of a child born to a gestational carrier pursuant to the provisions of the "New Jersey Gestational Carrier Act," P.L.2018, c.18 (C.9:17-60 et al.).

g. Nothing in this act shall be deemed to summarily extinguish or terminate the parental rights of any individual.

h. Nothing in this act shall be deemed to confer parental rights through a birth certificate.

i. The Supreme Court may establish court rules as necessary to effectuate the provisions of this act.

L.2019, c.323, s.3.