Can I adopt my stepchild in New Jersey if I was previously married to someone else?

Yes. A previous marriage is not one of the New Jersey requirements for stepparent adoption listed below, so you can ask the Superior Court to approve the adoption of your stepchild. How a prior marriage plays out in your particular case, such as a past spouse who is also a parent of this child, depends on your facts, so the Superior Court clerk in your county or an attorney can confirm it.

What the New Jersey process focuses on: The points below are the ones New Jersey's adoption law addresses. Your marital history is not among them.

• Residency: New Jersey has 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).
• Home study: It is waived for stepparent adoptions (N.J.S.A. § 9:3-48).
• Abandonment: If the other birth parent has not been involved, New Jersey's abandonment provision refers to a period of 6 months (N.J.S.A. § 9:3-46). Whether your situation meets it depends on the facts, so ask the clerk or an attorney about your specific case.
• Unknown location: If the other parent's whereabouts are unknown after a diligent search, New Jersey allows service by publication.

Cost and timing: Court filing fees run $200-$350, and a stepparent adoption typically takes 3-6 months. The total typical cost is under $1,000, compared with $3,000-$5,000+ when hiring an attorney. If you want your stepchild's name changed as part of the adoption, New Jersey allows it at no additional court cost.

If your situation is more complicated: Some things can make a case less straightforward, such as the other parent disagreeing with the adoption or a past spouse who is also this child's parent. These depend on specific facts, so talk with the Superior Court clerk or an attorney about that issue before you file.