856-428-8334
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054     $ Make a Payment
Adinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PA
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
    • Referrals
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
    • Winnie Chen
  • Practice Areas
    • Marriage Law
      • Same-Sex Marriage
      • Domestic Partnerships
      • Prenuptial Agreements
      • Palimony
      • Name Changes
    • Divorce & Separation
      • Equitable Distribution
      • Alimony | Spousal Support
      • Child Custody
      • Child Support
      • Remarriage, Alimony & Child Support in New Jersey
      • Family Law Appeals
    • Additional Areas
      • Domestic Violence & Restraining Orders
      • Child Protection and Permanency
      • Stepparent Adoption
      • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us

Adoption by Stepparents and Other Family Members

Adoption by Stepparents and Other Family Members

By Melissa R. Knoerzer, Esq. | Blog | 0 comment | 6 September, 2019 | 0

Adoption days are the happy days in family court.  I just returned from adoption day and boy was it a happy day!  Little boys in pressed shirts and bow ties and girls with tulle headbands.  Babies snug in parents’ arms and, my personal favorite, the little ones toddling around looking up at everyone they pass with wide open eyes.  Parents with big smiles on their faces and extended family talking loudly and taking pictures. 

Everyone is happy to be in court, but what did it take for them to get there?  If you are the stepparent of a child and you would like to adopt them, what do you have to do? 

The first thing that you have to do is file the paperwork.  You need to file a Complaint for Adoption, complete a background check and seek the consent of the biological parents.  For instance, if you are a stepfather seeking to adopt your stepson you would need to seek your wife (your stepson’s natural mother) consent, which should be easy to obtain.  You also have to notify your stepson’s natural father that you are seeking to adopt him and seek his consent. 

Sometimes consent is given, but other times one of the natural parents objects to the adoption.  This can be frustrating, particularly if you have been supporting your stepchild emotionally, physically and financially for years and the natural parent has been MIA.

            Fortunately, there is a law in New Jersey that provides some guidance in contested adoptions, N.J.S.A. 9:3-46(a).  This law provides that the standard is the best interest of the child and that the child’s best interest “requires that a parent affirmatively assume the duties encompassed by the role of being a parent.”  The court shall consider the following items in determining whether you have assumed the duties of a parent: 

  • The fulfillment of financial obligations for the birth and care of the child,
  • Demonstration of continued interest in the child,
  • Demonstration of a genuine effort to maintain communication with the child, and
  • Demonstration of the establishment and maintenance of a place of importance in the child’s life.

You should succeed in adopting your stepchild over the objection of the natural parent if you have assumed the duties of a parent, while the natural parent has substantially failed to perform these parental functions. 

If you want to explore the process of how to adopt your stepchild or another child that you are caring for I applaud you.  I have a stepfather who has taken on the role of a father for almost 35 years.  If there is anything that I can do to help you get to one of these happy days in family court please contact me as I am happy to help. 

adoption, DCP&P, family court, family law, guardianship, stepparent

Related Posts

  • Robert J. Adinolfi, Esq.

    Early Retirement and Alimony

    By Robert J. Adinolfi, Esq. | 0 comment

    Firefighters, police officers, correctional officers, surgeons and others in physically demanding careers often retire well before the traditional retirement age. If you pay alimony, that raises an important question: can you retire early, and whatRead more

  • High Net Worth Divorce New Jersey

    High-Net-Worth Divorce in New Jersey: Privacy, Preparation and Strategic Decision-Making

    By Thomas A. Roberto | 0 comment

    For a physician, chief executive, financial professional, public figure or business owner, divorce can create concerns that go well beyond the end of the marriage. How will sensitive financial information be handled? Will the disputeRead more

  • business valuation divorce new jersey

    What Happens to a Medical Practice or Closely Held Business in a New Jersey Divorce?

    By Thomas A. Roberto | 0 comment

    For a physician, entrepreneur, partner or closely held business owner, divorce can affect much more than personal finances. It can raise questions about the value of the practice, ownership rights, cash flow, professional goodwill, businessRead more

  • Executive Compensation Divorce New Jersey

    Divorce and Executive Compensation in New Jersey: Protecting Stock Options, Bonuses and Deferred Income

    By Thomas A. Roberto | 0 comment

    For corporate executives and other highly compensated professionals, income is rarely limited to a regular paycheck. Annual bonuses, restricted stock units, stock options, deferred compensation, carried interests, partnership distributions and long-term incentive plans may representRead more

  • Are you really going to take half of my jewelry?

    Are you really going to take half of my jewelry? – NJ Equitable Distribution

    By Julie R. Burick, Esq. | 0 comment

    When a marriage ends, one of the more surprising questions clients ask is about gifts: Can my spouse really claim half of the jewelry they gave me? In New Jersey, the answer is often yes,Read more

Leave a Comment

Cancel reply

You must be logged in to post a comment.

Adinolfi, Roberto & Burick, P.A.

Located in Mount Laurel, New Jersey, Adinolfi, Roberto & Burick, P.A. is one of the largest family law firms focused on Divorce and Separation • Military Divorce • Same-Sex Marriage and Domestic Partnerships • Domestic Violence & Restraining Orders • Mediation & Alternative Dispute Resolution (ADR) • Palimony• Prenuptial Agreements • Matrimonial Appeals

Attorney Advertising

Adinolfi, Roberto & Burick, P.A. is responsible for the content of this website. The information presented on this site is for general information only and should not be construed as formal legal advice nor the formation of a lawyer/client relationship. No aspect of this website has been approved by the Supreme Court of New Jersey.

Contact Information

P: 856-428-8334
F: 856-428-8779
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054
  • Make a Payment
  • FAQ
  • Privacy Policy
  • Terms of Use
© 2026 Adinolfi, Roberto & Burick, P.A. All rights reserved.
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
  • Practice Areas
    • Divorce & Separation
    • Marriage Law
    • Domestic Violence & Restraining Orders
    • Stepparent Adoption
    • Child Protection and Permanency Matters
    • Children with Special Needs or Autism
    • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us
    • Referrals
Adinolfi, Roberto & Burick, PA