Can I adopt my stepchild if I'm in a same-sex marriage in New Jersey?

Yes, if you're in a same-sex marriage, you can pursue adopting your stepchild in New Jersey, and the case is filed in the Superior Court in your county. The steps below are New Jersey's stepparent adoption process. For questions about how your family's particular facts fit, the Superior Court clerk in your county or an attorney can confirm the details.

Where you file: Your petition goes to the Superior Court. New Jersey has 21 counties, and the clerk's office in your county can answer local questions about filing. The governing law is New Jersey Statutes Title 9, Chapter 3.

Residency: New Jersey has no minimum residency period for this adoption (N.J.S.A. § 9:3-42), so you don't have to wait a set number of months before filing.

The other parent: The other legal parent's role is often the most fact-dependent part of a stepparent adoption. New Jersey's abandonment period is 6 months (N.J.S.A. § 9:3-46). If you don't know where the other parent is, New Jersey allows service by publication after diligent search efforts. If your case is contested, or if the other parent can't be located, ask the Superior Court clerk or an attorney about your specific situation.

Your child's voice: New Jersey does not require the child's consent. A child who is 10 or older attends the final hearing, and the court considers the child's wishes (N.J.S.A. § 9:3-49).

Home study: New Jersey waives the home study in stepparent adoptions (N.J.S.A. § 9:3-48).

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

Timeline and cost:

• A stepparent adoption in New Jersey typically takes 3-6 months.
• Court filing fees run about $200-$350.
• The total typical cost of doing it yourself is under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

After the adoption: For questions about your child's birth record once the adoption is final, the agency to contact is the New Jersey Office of Vital Statistics and Registration.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county, which you then file yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We've helped 1204 New Jersey families, and more than 34,000 families nationally since 2001.