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Where can I find New Jersey's adoption statutes?

3 min readHelping families since 2001New Jersey
In this answer · 2 sections

New Jersey's stepparent adoption laws are in New Jersey Statutes Title 9, Chapter 3, which you can look up by section number on the New Jersey Legislature's website.

The sections to look up first:

  • N.J.S.A. §9:3-37
  • §9:3-39
  • §9:3-41
  • N.J.S.A. § 9:3-42
  • §9:3-46
  • §9:3-48
  • N.J.S.A. § 9:3-49
  • §9:3-52

What these sections say about common questions:

  • Residency: New Jersey sets no minimum residency period for stepparent adoption (N.J.S.A. § 9:3-42).
  • Abandonment: The period is 6 months (§9:3-46). It matters if a legal parent's rights are being ended on that basis.
  • Home study: It is waived for stepparent adoptions (§9:3-48).
  • Your stepchild'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).

If you are adopting an adult: Adult adoption is not in the child-adoption act that begins at N.J.S.A. §9:3-37, because that act defines a "child" as under 18. Adult adoption is covered by N.J.S.A. 2A:22-1, N.J.S.A. 2A:22-2 and N.J.S.A. 2A:22-3. These are heard in the Superior Court.

Where the case is filed: Stepparent adoptions are filed in the Superior Court in your county. New Jersey has 21 counties, and your county's clerk's office can tell you about local filing procedures. Court filing fees run about $200-$350, and a stepparent adoption typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.

Reading the statutes: Statutes are written in legal language, and your situation may turn on details. If the other parent's whereabouts are unknown, or the other parent may contest the adoption, ask the Superior Court clerk in your county or an attorney about your specific facts. New Jersey allows service by publication when the other parent's location is unknown after diligent search efforts, but whether your search qualifies depends on your circumstances. Anything this page doesn't spell out, such as a particular deadline or form, is best confirmed with the clerk's office.

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. You then file it yourself without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 1204 New Jersey families, and 34,000+ families nationally since 2001.

Stepparent adoption in New Jersey at a glance

Court
Superior Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$350
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
Home study
Usually waived for stepparents
New Jersey families we've helped
1,204

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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