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Open vs Closed Adoption in New Jersey: Key Differences

Open vs Closed Adoption in New Jersey_ Key Differences Image

If you want to adopt in New Jersey, there are several crucial decisions you must make during the legal process. One of these key decisions is whether you prefer an open or closed adoption. Broadly speaking, open adoptions allow for more communication and contact between you and the child’s birth parents. Closed adoptions provide more privacy for the child’s birth parents and limit your contact with them. There are other important differences, though, and understanding them can help you decide what’s best for your situation.

The Monmouth County adoption team at The Law Office of Andrew A. Bestafka, Esq. proudly supports parents who want to adopt in New Jersey. We can explain the New Jersey adoption process and guide you through it. If you have questions about open vs. closed adoptions in New Jersey, you’ll find the answers you need here.

What Is the Difference Between an Open and Closed Adoption?

In an open adoption, the birth parents, adoptive parents, and the child can maintain communication once the adoption is finalized. These arrangements allow the birth parents and the adoptive family to choose the amount and type of contact they want. Some families may choose to have regular visits and communication, while others might prefer less frequent updates. The key is that all parties involved have the opportunity to build a relationship that works best for everyone involved.

In contrast, a closed adoption means there is no contact between the child and their birth parents after the adoption. This means the adoptive parents receive limited information about the birth parents. Furthermore, the birth parents typically do not receive updates about the child’s life after the adoption. This type of adoption can provide more privacy for the birth parents and a greater sense of closure. However, it also means the child may not have access to their family medical history and usually does not have the opportunity to learn about their biological heritage.

New Jersey Adoption Laws

If you’re considering an open adoption in New Jersey, there are some vital legal points to know. First, the state currently does not have laws allowing you to enforce your arrangement with the birth parents in court. The following are a few other important New Jersey adoption laws to know:

  • Parental Consent: In New Jersey, birth parents usually must consent to an adoption. They can give their consent 72 hours after the baby’s birth.
  • Home Study: Prospective adoptive parents must undergo a home study process. This process includes background checks, home visits, and interviews to ensure a safe and stable environment for the child.
  • Birth Parent Rights: Birth parents have the right to receive counseling and legal representation throughout the adoption process.
  • Revocation of Consent: In most cases, birth parents can revoke an adoption up until the court hearing finalizing the adoption or when they appear in court to formally surrender the child.
  • Access to Records: In New Jersey, adopted individuals may access their original birth certificates and adoption records once they reach the age of 18. However, adopted children cannot access these records if the birth parents have requested anonymity.

Benefits of Open Adoption

Open adoption offers several benefits for everyone involved. For adoptive parents, open adoption allows them to establish a supportive relationship with the child’s birth parents. A cordial relationship with the birth parents can help adoptive parents gain insights into a child’s background and medical history. This ongoing contact can help adoptive parents answer their child’s questions about their heritage and identity.

For birth parents, an open adoption provides the peace of mind that comes with knowing how their child is doing. They can see their child grow and thrive, which can help them with their emotional healing.

For the adopted child, open adoption fosters a sense of belonging and understanding about their origins. Having relationships with their birth and adoptive families can contribute to a stronger sense of identity and self-esteem.

Adoption Agencies in New Jersey

Open vs Closed Adoption in New Jersey_ Key Differences Image 2Legally speaking, you don’t need to go through an agency to adopt a child in New Jersey. However, working with an adoption agency can make the process easier and faster. Here’s a partial list of approved adoption agencies in New Jersey:

A Loving Choice Adoption Associates

Family Options

Children’s Home Society of New Jersey

Trust The Law Office of Andrew A. Bestafka, Esq. to Guide You Through the New Jersey Adoption Process

Adoptions in New Jersey involve complex rules and strong emotions. The Law Office of Andrew A. Bestafka, Esq. can provide the legal and emotional support you need to make this process as easy as possible. Call (732) 898-2378 now or complete our contact form for a confidential consultation.