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The court may allow a stepparent adoption to go forward without getting the other parent's written consent if: The other parent has died. The other parent signs a waiver saying they do not want to be involved with the adoption. The other parent signs a form saying they are not the child's biological parent.
If the biological father is unwilling to consent and wishes to fight the adoption, the adopting stepfather and the child's mother must pursue legal proceedings to have the biological father's rights terminated by the court.
New Jersey Stepparent Adoption Laws: Both biological/legal parents of the child must consent to the adoption, unless the New Jersey court finds that the other parent's consent is not legally required.
When giving a child up for adoption voluntarily, NJ requires the ?consent,? or agreement, of the birth parents (both birth parents), or the child's legal guardian. The law requires that consent be in writing and confirmed before a judge of the NJ Superior Court or other designated official.
Stepparent Adoption Route in New Jersey To adopt a stepchild, the non-custodial parent must give up their parental rights. The stepparent will be fingerprinted and be the subject of a background check. The Division of Child Protection and Permanency will also conduct a brief investigation.