Can a step-grandparent adopt a grandchild in New Jersey?

It may be possible, but New Jersey law on whether a step-grandparent can adopt a grandchild should be confirmed for your family's situation with the Superior Court clerk in your county or with an attorney. The adoption rules we can point to are written around stepparent adoption, so a step-grandparent should check how they apply before filing.

What a step-grandparent should know first:

• Adoption petitions in New Jersey are filed in the Superior Court, and the child-adoption statutes are in New Jersey Statutes Title 9, Chapter 3 (N.J.S.A. §9:3-37 and following).
• Whether a step-grandparent is an eligible adopter, and whose rights or consents are involved, depends on your facts. Ask the clerk or an attorney about those specific points.
• If a birth parent is absent or cannot be found, or if anyone might contest the adoption, talk with an attorney about your situation.

New Jersey rules that relate to any child adoption:

• Residency: There is no minimum residency period (N.J.S.A. § 9:3-42).
• The child's consent: New Jersey does not require the child's consent. A child 10 or older attends the final hearing, and the court considers the child's wishes (N.J.S.A. § 9:3-49).
• Abandonment: The statute uses a 6-month period (N.J.S.A. § 9:3-46). Whether and how it applies to your family is a question for the court clerk or an attorney.
• Home study: New Jersey waives the home study in stepparent adoptions (N.J.S.A. § 9:3-48). Ask the clerk whether a step-grandparent's case is treated the same way.
• Name change: A name change can be included in the adoption at no additional court cost.

If your grandchild is an adult: Adult adoption is handled under a different part of New Jersey law (N.J.S.A. 2A:22-1, N.J.S.A. 2A:22-2). The adopter must be at least 10 years older than the adoptee, though the court may waive this if it serves the adoptee's best interests. The adoptee must request the adoption in a writing acknowledged the way a deed is acknowledged, and the court may waive that too.