New Jersey Section 2C:24-6 – Unlawful adoptions

Contents

1 New Jersey’s Law on Unlawful Adoptions: An Overview for Concerned Parents

New Jersey’s Law on Unlawful Adoptions: An Overview for Concerned Parents

Adopting a child is one of the most profound decisions a family can make. For many, it opens the door to parenthood and allows a child in need to join a loving home. However, adoptions must follow proper legal procedures to ensure the best interests of the child are met. In New Jersey, Section 2C:24-6 of the criminal code deals with unlawful adoptions, which occur when legal safeguards are not followed. This article provides an overview of this law for parents considering adoption in New Jersey.

What Does the Law Say?

Section 2C:24-6 simply states that “Unlawful adoptions shall be governed by the provisions of Title 9 of the Revised Statutes.”[1] This refers to New Jersey’s adoption laws under Title 9, which establish the legal process and requirements for domestic and international adoptions. Key aspects include:

Adoptions must go through approved agencies or the New Jersey Division of Child Protection and Permanency (DCP&P). Private adoptions without agency or DCP&P involvement are prohibited. [2]
Prospective parents must meet home study requirements and be approved as fit to adopt. Background checks, financial capability assessments, and home visits are conducted. [3]
Birth parent consent must be properly obtained, unless terminated by the court. This involves counseling and legal waivers executed a certain time after birth. [4]
Adoptive placements must be approved by a court, considering the child’s best interests. Finalization requires a legal judgement of adoption. [5]
Only authorized fees can be charged, such as for agency services. Paying birth parents for a child, or serving as an unlicensed intermediary for payment is illegal.

Why Was This Law Passed?

New Jersey’s adoption laws, including Section 2C:24-6, aim to prevent unregulated adoptions that could harm children and families. Sadly, there have been cases where children were obtained illegally for adoption, or adopted without proper procedures. Reasons for concern include:

Child trafficking: Paying birth parents or unlicensed intermediaries creates risks children will be put up for adoption primarily for financial gain, not their wellbeing.
Unfit parents: Circumventing home studies and agency review increases chances children will be placed with parents not fully prepared to meet their needs.
Birth parent coercion: Private adoptions can pressure birth parents to give up children, without fully understanding their legal rights or having time to consider options.
Lack of oversight: Without court and agency involvement, adoptions may not get legally finalized, leaving children in limbo.

Proper adoptions ensure children are placed thoughtfully with parents ready for the responsibility. They also give birth parents a chance to thoughtfully consider their choice. Section 2C:24-6 supports this by requiring adoptions follow established legal procedures.

What Are the Penalties?

Under Title 9, unlawful adoptions are considered a disorderly persons offense. This can involve:

Up to 6 months in jail
Probation
Fines up to $1,000

More serious penalties can apply if children are harmed or other crimes committed. For instance, paying for a child could be considered trafficking and is a felony with fines up to $300,000 and jail time.

Intermediaries making unlicensed placements for payment face third degree charges. Lying on adoption paperwork can also lead to criminal charges.

What Defenses Apply?

Adoption laws aim to protect children, not criminalize well-meaning parents. Defenses to unlawful adoption charges can include:

Lack of criminal intent: Mistakes in paperwork or misunderstanding legal requirements may show the parents did not knowingly break adoption laws. This can negate criminal charges requiring intent.
Return of child: If issues surface after placement, immediately returning the child and cooperating with authorities can demonstrate good faith. Parents may avoid charges by taking corrective action.
Duress: Pressure from intermediaries or birth parents could potentially provide a defense, if it impaired free choice and judgement.

However, parents should be cautious in relying on defenses and seek experienced legal counsel. Prosecutors tend to pursue egregious cases with clear violations. Defenses may be hard to prove when legal requirements seem obviously unmet.

How Can Adoptions Stay Lawful?

For parents seeking adoption, several steps can help avoid running afoul of Section 2C:24-6 and New Jersey’s adoption laws:

Work with approved agencies and follow their guidance. Agencies know proper procedures and can steer parents clear of missteps.
Be forthright in home studies and paperwork. Hiding issues like criminal history or income problems can raise red flags.
Avoid private adoptions or independent intermediaries. Only use agency-approved processes.
Never pay birth parents or non-approved intermediaries. Fees should only go to authorized service providers.
Consult an attorney. Experienced adoption lawyers can advise if arrangements seem questionable.
Ask questions and understand each step. Blindly trusting others puts parents at risk of problems.

While adoption rules aim to protect children, they can seem daunting to parents. With care and common sense, lawful adoptions create families while honoring legal safeguards. For those considering adoption in New Jersey, learning Section 2C:24-6 requirements helps ensure the process goes smoothly.