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PRIVATE ADOPTIONS 
| 1. |
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What is a Private Adoption?
Private Adoptions are arranged either on a "Face to Face basis with no intermediary, or with the use of a private intermediary. |
| 2. |
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Can you pay a private intermediary if you adopt in New Jersey?
If a private intermediary is used, the private intermediary cannot be paid anything for his or her services. Any payment is a direct violation of the law. |
| 3. |
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Can you advertise for an adoption?
Yes, a prospective adoptive couple can advertise in New Jersey, which is something that not all states allow. |
| 4. |
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Once you find a child privately and the child is placed with you, what must you do next?
Once a child is located who is available for adoption, a complaint in adoption must be filed promptly, within 45 days of receipt of the child. Upon the filing of a complaint, the child becomes a ward of the state, the adopting parent or parents are awarded custody, and an approved agency is appointed to do an adoption investigation. |
| 5. |
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How many court hearings are there and when do they take place in a private adoption?
A preliminary hearing is scheduled in 2-3 months of the filing of the complaint, at which time the parental rights of the birth parents are terminated, and the court determines if the child is fit for adoption and that the adoptive parents are fit. |
| 6. |
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When does the final hearing take place?
The final hearing is 6 months after the preliminary hearing after the supervisory visits are completed by the approved agency.
AGENCY ADOPTIONS
| 1. |
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How does an agency adoption differ from a private adoption?
The agency makes the placement of a child either from a birth mother that the agency has located, or from a birth mother that the adoptive parents have located as part of an identified adoption. |
| 2. |
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When may a birth parents rights be terminated in an agency adoption?
The birth parents rights may be terminated by a New Jersey agency 72 hours after the child is born. Once the birth parents sign the proper relinquishment form after having received the appropriate counseling, the termination is effective and is only subject to being set aside if fraud or duress on the part of the agency can be established. |
| 3. |
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How many court hearings are there and when do they take place in an agency adoption?
There is one court hearing. It cannot take place until after 6 months form the date of the placement. |
EXPENSES
| 1. |
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What expenses may an adoptive parent pay in connection with an adoption?
New Jersey allows, in either a private or agency placement, payment of the birth mother's medical expense as well as reasonable living expenses. Counseling and legal fees for the birth parents may also be provided. |
| 2. |
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If the adoption falls through can the adoptive parents get their money back?
No, not in Jew Jersey. If an adoption does not take place, the return of the child cannot be conditioned on a repayment of expenses. Further, birth parents must be informed as to this lack of conditions. |
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