Confirmatory Adoption: What Is It?

Confirmatory adoption (often referred to as second-parent or co-parent adoption) is a legal process by which a parent who is already acting as a parent — but is not biologically related or did not give birth to the child — obtains a court order that officially recognizes them as a legal parent. Unlike a traditional adoption where a new legal parent-child relationship is formed, confirmatory adoption confirms an existing parent-child relationship that has been established because parentage occurred via assisted reproductive technology, or other means via which often same sex couples have come to be parents.

New Jersey has a streamlined process for confirmatory adoption for those who are eligible:

N.J.S.A. 9:17-71 (2024)

• A natural parent or person treated in law as a legal parent of a child and the current or former spouse or civil union partner of that parent may jointly file a complaint for a judgment of adoption in the Superior Court, Chancery Division, Family Part.

• The complaint must include:

  1. Proof of a valid marriage or civil union issued before the child’s birth;

  2. Original birth certificate showing both partners listed as parents; and

  3. A written declaration describing how the child was conceived and identifying any other parties who might have parental rights.

• The court must issue the judgment of adoption confirming both parties as legal parents if no other individual has parental rights, without requiring a formal appearance.

• If another individual may have parental rights, the court will hold a hearing before issuing the judgment and provide notice.

• The statute also specifies that no home study or background check is required for this type of adoption, and the process does not apply to children born through a gestational carrier under a carrier agreement.

If the couple does not meet the criteria for confirmatory adoption it does not close out other processes for adoption, only eliminates the option for the streamlined process.

It is, in these times, beyond urgent that all parents who are not biologically related to their children affirm this via legal means, particularly if you intend at any time to travel to or live in any state that may not recognize such parentage.   Do not delay getting this important legal issue resolved.  Call 856-227-7888 for a free consultation.