Trans (or not) has no bearing on your ability or right to adopt a child in New Jersey. Some states show an overt bias against transgender Americans, but that’s not the case for New Jersey adoption candidates. In New Jersey, you have equal rights to adopt.

Kingston Law Group attorneys have more than six (6) decades of experience in family law issues, including adoptions. We provide comprehensive and insightful legal counsel you need to survive and thrive in the adoption process. Call 609-683-7400 or email our office to arrange a consultation.

To be eligible for adoption in New Jersey, here is what you must do:

• Be at least 18 years old
• If you’re married, you both must adopt jointly
• You must have adequate housing for the child
• You need to be healthy enough to raise a child
• You must pass a background check and a home study
• You must participate in training

There are many issues to consider when adopting a child. The fact you’re transgender isn’t one of them.

The State of New Jersey is Seeking Adoptive Parents, Transgender or Not

Not only can someone who’s transgender adopt, but also the State of New Jersey currently seeks potential adoptive parents from the LGBT community through the All Children-All Families (AC-AF) recruitment initiative. The initiative combines engaging the LGBT community to better communicate adoption opportunities with improving the cultural competence of state staff who recruit, develop, train, and support adoptive families.

You May Not Need to Adopt Your Child

You may not need to go through the adoption process to be legally considered the child’s parent. Thanks to a new law, prospective parents can circumvent formal adoption if they’re married or have a civil union and used donor genetic material to achieve a pregnancy, according to the Hudson Reporter.

If you qualify, you need no home study, no background check, and no court appearance. Applying for legal or government benefits is also easier. With the new process, the Family Division of the NJ Superior Court issues a signed judgment naming both spouses as the legal parents if it receives:

• An original marriage or civil union certificate, or proof of comparable marital-type relationship from another state
• An original birth certificate listing both parties as parents. This is easier because the law requires the adopting parent to be listed on the birth certificate
• A sworn declaration by the parents explaining the child’s conception to identify any other person with a claim to the child’s parentage. If there is such a person, they must consent to the adoption

Not All Adoption Agencies Will Be Open to Helping You

What may be an issue for you is this surprising jurisprudential development:  Adoption agencies may lawfully discriminate against you due to their religious beliefs. The US Supreme Court in June of 2021 ruled the City of Philadelphia could not refuse to contract with a Roman Catholic adoption agency that refuses to work with same-sex foster parents, reports CNBC.

The Court decided the City violated Catholic Social Services’ First Amendment rights when, under a City ordinance against discrimination, it chose not to contract with them after it learned that they would not certify same-sex couples for adoption. It found Philadelphia interfered with their free exercise of religion because the Agency had to choose between government funding and acting inconsistently with its core religious beliefs.

Laws that have neutral language concerning religious beliefs and apply to the general public can burden those of a particular religion and be constitutional, but the court didn’t see the City’s rule as generally applicable because it had the right to grant exemptions to its own rules on non-discrimination. The opinion stated Philadelphia had an interest in equal treatment of potential adoptive parents, but it wasn’t compelling enough to justify infringing on the Catholic Agency’s first amendment rights.

Although transgender parents weren’t the issue in this case, the same reasoning would apply to prospective adoptive parents who are — or one member of the couple is. As a practical matter, if you encounter an Agency that, for religious reasons, won’t help you, there are usually other agencies that will.

What are your rights and remedies if you have been unlawfully discriminated against in the adoption process?

There is an Agency of the State of New Jersey to which you may file a complaint for a civil rights violation. It is called the NJ Division on Civil Rights. You may file a complaint and it will be assigned to an investigator. It is less formal than court proceedings and it is 100% free. If the DCR believes someone has done you wrong and violated your constitution rights, then they have the power to bring a claim for you at no cost.

You can get injunctive relief commanding the adoption agency to permit the process to move forward. You also have the ability to collect damages for pain and suffering.

You also have the option of seeking redress through private legal counsel, such as Kingston Law Group. We will investigate the facts, explain the law, and help you develop a pathway to social and economic justice that is just right for you. You may collect pain and suffering damages, plus punitive damages on the right facts, and even collect counsel fees and costs from the unlawfully discriminating Agency.

Get the Legal Help You Need From Attorneys You Can Trust: Kingston Law Group

If you have questions about the NJ adoption process or want legal representation, arrange for a near-term, reduced fee, initial consultation with a Kingston Law Group adoption lawyer. Email our office or call us at 609-683-7400. We accept all major credit cards and offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, or at pre-arranged evening appointment times.

Call or write us today. You will be glad  you did.