Can both my spouse and I adopt each other's children from prior relationships in New Jersey?

Yes. In New Jersey, you and your spouse can each ask the Superior Court for a stepparent adoption of the other's child, so each of you can become a legal parent to the children in your blended family. Each adoption is decided on its own facts, mainly the situation of each child's other birth parent. Here is what to expect.

Where it is filed: Stepparent adoptions go to the Superior Court in your New Jersey county (there are 21 counties). Whether the court wants your two adoptions filed together or as separate cases is a local practice question, so the Superior Court clerk in your county can confirm it.

What applies to each adoption:

• Residency: New Jersey has no minimum residency period (N.J.S.A. § 9:3-42).
• The other birth parent: For each child, the court looks at where the other parent stands. New Jersey's abandonment period is 6 months (N.J.S.A. § 9:3-46). Whether consent, abandonment or something else applies to your family depends on your facts. If the situation is contested or unclear, ask the court clerk or an attorney about that child's case.
• Unknown location: If the other parent's location is unknown, New Jersey allows service by publication after diligent search efforts.
• Home study: It is waived for stepparent adoptions (N.J.S.A. § 9:3-48).
• Your children's wishes: New Jersey does not require a 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).
• Name changes: A name change can be included in the adoption at no additional court cost, which many blended families find helpful.

Questions that depend on your situation: The data we work from does not address every detail of cross-adoptions, such as how the court handles children of very different ages or how it schedules two related cases. For those points, the Superior Court clerk in your county or a New Jersey family law attorney can give you an answer for your facts. For questions about updating a birth certificate afterward, the New Jersey Office of Vital Statistics and Registration is the agency to contact.

Timeline and cost: A stepparent adoption in New Jersey typically takes 3-6 months. Court filing fees run $200-$350, and the typical total cost when you file yourself is under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.