We divorced and remarried — can my spouse adopt my child now in New Jersey?

Yes, your spouse can pursue a stepparent adoption of your child in New Jersey by filing in the Superior Court in your county. The Superior Court handles these cases in all 21 New Jersey counties. How your divorce and remarriage were handled, including any custody or parenting terms in the divorce paperwork, can matter in a specific case. Ask the Superior Court clerk in your county or an attorney about those details.

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

The other biological parent: This is usually the most important question in a stepparent adoption. New Jersey sets a 6-month abandonment period (N.J.S.A. § 9:3-46). If the other parent's whereabouts are unknown, New Jersey allows service by publication after diligent search efforts. If the other parent is involved and disagrees, or you are unsure how the court will see your situation, talk to an attorney or the court clerk. The answer depends on your facts.

Your child's say: 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: New Jersey waives the home study in stepparent adoptions (N.J.S.A. § 9:3-48), which removes a step that can slow things down elsewhere.

Timeline and cost:

• Stepparent adoptions in New Jersey typically take 3-6 months.
• Court filing fees run about $200-$350.
• Total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.
• A name change can be included in the adoption at no additional court cost, if you want your child's name to change.

What to do next:

• Confirm your current marriage to your child's parent, since the adoption is requested by the stepparent.
• Gather your divorce paperwork, because the court may want to see how custody and parental rights were addressed.
• Think through where the other parent stands: involved, absent, or unknown.
• Call the Superior Court clerk in your county with questions about local filing steps.

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