In recognition of the outdated legal limits placed on same-sex couples ability to start a family, the New Jersey Legal Parentage Act (N.J.S.A. 9:17-69 to 71) amended the law governing the adoption of children in 2020. The law now permits civil union partners and married same-sex couples to obtain a judgment of adoption, in simplified fashion, without background checks or a court appearance. This new simplified co-parent adoption legislation replaces the cumbersome procedure of a second parent or step-parent adoption for same-sex couples.
Unlike for same-sex couples, there is a presumption of paternity for a husband under N.J.S.A. 9:17-43 for married heterosexual couples. Prior to the enactment of the Legal Parentage Act, same-sex couples had to undergo a lengthy and expensive process to adopt, even if both parents were listed on the child’s birth certificate. The adoption process, for same-sex parents previously required background checks including: (l) Criminal History Record Information (CHRI) fingerprint background checks; (2) Division of Child Protection and Permanency system name checks, now referred to as Child Abuse Records Information (CARI); and (3) Domestic Violence Registry checks. As a result of the enactment of the Legal Parentage Act, courts now waive those background checks. However, the co-parent adoption process does not obviate the need for same-sex couples in New Jersey to obtain a judgment of adoption, it merely simplifies the process.
