Can I adopt my special needs stepchild in New Jersey?

Yes, you can pursue adopting your special needs stepchild in New Jersey by filing a stepparent adoption in the Superior Court in your county. New Jersey's stepparent adoption rules are below. How your child's particular disability fits into your case is something to confirm with the Superior Court clerk in your county or an attorney.

Where you file: Your petition goes to the Superior Court. New Jersey has 21 counties, and your county's clerk can explain local filing details.

Residency: New Jersey has no minimum residency period (N.J.S.A. § 9:3-42).

Your child's consent and the hearing: New Jersey does not require the child's consent (N.J.S.A. § 9:3-49). A child 10 or older attends the final hearing, and the court considers the child's wishes. If your child's disability affects how they can take part in the hearing, ask the clerk or an attorney how the court handles that.

The other legal parent: The abandonment period in New Jersey is 6 months (N.J.S.A. § 9:3-46). If the other parent's location is unknown, New Jersey allows service by publication after diligent search efforts. If the other parent objects, or your situation turns on specific facts, an attorney can advise you on that issue.

Home study: New Jersey waives the home study in a stepparent adoption (N.J.S.A. § 9:3-48), which spares your family one step.

Name change: If you want to change your child's name, New Jersey allows it as part of the adoption at no additional court cost.

If your stepchild is 18 or older: Many families with a special needs child consider adoption after the child has become an adult. New Jersey's child adoption act defines a child as under 18 (N.J.S.A. §9:3-37), and adult adoption falls under a separate law: N.J.S.A. 2A:22-1, N.J.S.A. 2A:22-2 and N.J.S.A. 2A:22-3.

• The court must be satisfied that the adopting parent is of good moral character and reputable standing in the community, and that the adoption will benefit the adoptee.
• The adoptee must request the adoption in a signed writing acknowledged the way a deed is acknowledged, though the court may waive this.
• A married adopter needs the spouse's consent, or the spouses adopt jointly.
• That statute does not mention consent of the birth parents, so ask the clerk or an attorney how it applies to your family.
• Adult adoptions typically take 4-8 wee