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Articles Posted in Adoption

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New Jersey Family Part Court Rule Amendments (2019) (Part I)

The calendar turning to September signifies different things to different people. For some it signals the end of heat and humidity, cooler temperatures and changing leaves. For others, it’s the kids finally going back to school. To still others, it signals the start of the football season, the excitement of…

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New Jersey Appellate Division Holds that All “Child in Court” Hearings, Even Those That the Parents Agree To, Must Be Held on the Record.

In the published Appellate Division opinion in NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.O. and M.C.D. A-1871-16, (App. Div.  Oct. 30, 2018), the Appellate Division addressed the 2011 emergency removal of two children, ages 7 and 2, from their undocumented immigrant parents. While the two children remained in resource homes,…

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New Jersey Appellate Division Addresses Adoption Act in Dispute Between Biological and Adoptive Parents

As an attorney who practices family law, I can attest to how painful battles for custody over children are when couples separate.   Even more painful are disputes between adoptive and biological parents fighting over custody of a baby.   Among the most famous and newsworthy of such disputes was the New…

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Surrogacy No More: Will Gestational Carrier Agreements Finally Achieve Legal Recognition?

  For the third time since 2012, the New Jersey lawmakers have passed legislation that would allow persons to enter into gestational carrier agreements; namely for the intended parents to enter into a contract with a woman 21 years of age or older to become pregnant by assisted reproductive technology…

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New Jersey Supreme Court Looks at the Scope of Family Part Judge’s Authority in Custody Removal and Placement Case

The jurisdiction of the Family Part of the New Jersey Superior Court to make orders determining custody is based upon the common law doctrine of parens patriae, which imposes upon the court an affirmative duty to protect the best interests of minor children. The members the New Jersey Judiciary that…

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New Jersey Governor Signs a New Law Allowing Adoptees More Information About Their Biological Families

For more than three decades a debate has been waged in New Jersey on the adoption front over the extent to which adoptees can access their birth records and uncover information about their biological parents. In 1940, New Jersey began sealing adoption records.   In 1977, New Jersey allowed the records to be…

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