about Adoption

I recently got married, and my new husband wants to adopt my son. Does he have to get the consent of my ex-husband who is my son's natural father?

Although the consent of the natural parent would expedite the adoption greatly, it is not always necessary to obtain his or her consent. The natural parent must be notified of the proposed adoption, whether or not there is a consent executed.

What if I don't know where the natural father is living?

Your attorney must conduct an investigation into the whereabouts of the natural father. After conducting the investigation, he or she can then file an affidavit of diligent inquiry with the court demonstrating that the required attempts at locating the natural parent were made, and that he could not be located. Then you would be able to proceed with the adoption.

If I am the natural parent, and someone wants to adopt my child, what rights would be terminated?

If your child is adopted by another, all of your parental rights and obligations would terminate. The rights include the rights of inheritance and visitation. The obligations that would terminate would include future child support payments.

If I received my adoptive son from the Division of Youth and Family Services, will I still need a lawyer for the adoption?

While DYFS does not have in-house attorneys to handle the adoption, it will refer you to an attorney to file the Adoption petition, and take all of the necessary steps in accomplishing the adoption. You can tell DYFS the name of the attorney you choose, and in most cases, that attorney will handle the case as a referral from DYFS and get paid a reduced rate by DYFS. If DYFS deems you able to hire private counsel, then you would have to pay the attorney directly.