Procedural Guide to Opposing an Adoption in NJ
What to Do if You Want to Revoke Consent to an Adoption
Adoptions are a solemn process. There is great joy and at the same time sorrow and guilt to those involved. The goal of adoption is to give children security and the stability of a permanent home. When parental remorse steps in and an attempt is made to revoke consent to an adoption, it causes disruption and emotional turmoil in a child’s life. Therefore, NJ allows consent to an adoption to be revoked only for very narrow and specific reasons. These reasons include:
- If there was fraud or coercion in the adoption process
- If revocation of the adoption is found to be in the best interests of the child
- If the birth parents and adoptive parents mutually agree to the revocation
If the adoption has not been finalized
It is extremely important that the birth parent or interested person opposing an adoption move immediately to judicially intervene to keep the child out of the proposed adoptive home. In nearly every case, the best interests of the child are advanced by keeping the “status quo” and the courts in New Jersey are reluctant to remove children from homes where they have lived for any appreciable time and where they are loved and well cared for.
General guidelines for opposing NJ adoptions include invalidity of surrender to an approved agency, fraud, duress, misrepresentation and of course the best interests of the child. If a child is living in a proposed adoptive home it is essential that an action be filed against the adoption agency and the adopting parents to set aside, surrender and seek an injunction removing the child from the adoptive home. If the adoption is a “private placement” with no written surrender to an approved agency, termination of birth parent rights will not often be granted in the absence of a showing of abandonment or neglect.
If a relative other than a parent or legal guardian objects to adoption and wants legal custody of the child, it is again imperative that they proceed to immediately take legal action to protect their interests until the issue of placement is resolved.
Fredrick P. Niemann Esq.
Do you have questions about adoption in New Jersey? If so, contact Fredrick P. Niemann, Esq.
toll-free at (855) 376-5291 or fniemann@hnlawfirm.com
to schedule a consultation about your particular needs. He welcomes your calls and inquiries and you’ll find him easy to talk to and very approachable.
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, New Jersey, Monmouth County Adoption Attorney