Same Sex Adoptions and step parent adoptions

Same-sex adoption laws provide same-sex couples the same opportunity to create a family through adoption. The State of New Jersey allows same sex couple to submit a petition to adopt a child, to jointly petition to adopt and to petition to adopt a partner’s child or child of the relationship. There can be many challenges and nuances in obtaining the legal recognition of a parental relationship with the child. 

We guide you through the process securing the rights for both parents in a same-sex relationship. The required background checks, home study, clearances, court required documents, consent forms, and filings can seem overwhelming on your own. We take care of that so you can focus on the joy of adopting the child.

Step-parent adoptions also involve legal requirements and filings, including obtaining the consent of another legal parent. We’ll advise you on the process, prepare and submit all documentation to the court in order to finalize a step-parent adoption. In many events, a birth certificate needs to be modified to identify the parent or to change the child’s name.  

Prior to the pursuit of second-parent adoption, it is vital to consult with an experienced adoption lawyer. This is because the states which allow second-parent adoption typically vary; each situation with adoption is a unique experience. An attorney can assist you in having a clear understanding of second-parent adoption, if it is the right fit for you or not. You may need to know which legal process to pursue. 

Second-Parent Adoption 

The objective of second-parent adoption is similar to that of stepparent adoption. The chief difference between the two entails the marital status involved of the adoptive parents.

Due to the fact many states stipulate parents who desire to adopt a child to be married, if an unmarried same-sex couple wants to adopt, only one partner can adopt a child legally. Thus, for the other partner to secure their rights to a child without marriage and fulfilling a stepparent adoption, the legal process of adoption as a second parent should be completed. 

Several typical situations that are required for unmarried same-sex adoptive parents are the following: 

  • One partner may fulfill an adoption on his or her own, and the other partner desires to legalize a parent-child relationship with the adopted child. 
  • A same-sex couple couldn’t jointly adopt previously. However, they want to secure the original legal rights to a child of the non-adopting partner. 
  • An LGBT couple has a child via assisted reproductive technology. Only one member of the couple automatically becomes the legal parent of a child (it is not enough to have your name printed on the birth certificate to secure the rights of the non-biological parent). 

Much like stepparent adoption, second-parent adoption can afford protections and parental rights to an adopting guardian. Thus, if you have already or anticipate having a secure parent-child relationship with your adopted child, and are not married to your partner, it is crucial for you to fulfill the step to create permanence for a legal relationship. 

Step-parent adoptions also involve legal requirements and filings, including obtaining the consent of another legal parent. We’ll advise you on the process, prepare and submit all documentation to the court in order to finalize a step-parent adoption. In many events, a birth certificate needs to be modified to identify the parent or to change the child’s name.  

Contact Our Experience Same-Sex/Step-Parent Adoption Lawyers Today!

Office Locations

New Jersey

20 Lincoln Park Road
Pequannock, NJ 07440

New York

261 Broadway #4f
New York, NY 10007

Disclaimer:
The information provided on this site is being provided for general informational purposes and does not constitute legal advice. Each case must be analyzed individually to determine the applicable law.