By Jeff J. Horn – Divorce Attorney
Adoption is often thought of as a joyful process, but not every case goes smoothly. In some situations, one or more parties contest the adoption, which can delay or even block the process entirely. Contested adoptions in Ocean County require careful legal strategy, clear documentation, and a strong understanding of New Jersey family law.
At Horn Law Group in Toms River, we help families navigate the challenges of contested adoption cases. If you’re facing opposition in your adoption journey, understanding your rights and options is critical.
What Is a Contested Adoption?
A contested adoption occurs when a biological parent or another interested party opposes the adoption. The most common example is when a birth parent refuses to consent to the adoption or challenges the termination of their parental rights.
In New Jersey, adoptions typically require the consent of both biological parents unless:
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The parent has already had their rights terminated
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The parent has abandoned the child
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The court finds the parent unfit due to neglect, abuse, or failure to support
If any of these apply, the adoption may proceed over their objection—but only after a court hearing.
Who Can Contest an Adoption?
The parties who most commonly contest an adoption in Ocean County include:
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Biological parents who do not want their rights terminated
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Relatives who wish to adopt the child themselves
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Legal guardians who dispute the fitness of the adoptive family
These individuals may file formal objections in Family Court and request custody or visitation rights.
What Happens During a Contested Adoption?
Contested adoptions go through several steps in the Ocean County Superior Court:
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Filing a Complaint: The prospective adoptive parent files a formal complaint for adoption.
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Notice to Interested Parties: All legal guardians, known parents, or custodians must be notified.
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Response and Objection: A biological parent or other party may file a legal objection.
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Court Hearings: The judge will hear evidence, including testimony about the child’s well-being, parental fitness, and the history of care.
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Judicial Decision: The court decides whether the adoption serves the child’s best interests and whether the objecting party’s rights should be upheld or terminated.
What Does the Court Consider in Contested Cases?
Ocean County judges must always prioritize the best interests of the child. In contested adoptions, the court evaluates:
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Whether the biological parent has maintained contact or support
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The stability and safety of each party’s home
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Emotional bonds between the child and prospective parents
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Evidence of abuse, neglect, or abandonment
In many cases, the court also considers psychological reports and input from guardians ad litem.
In the Adoption of Children by G.P.B., Jr., the NJ Supreme Court ruled that termination of parental rights can proceed if the biological parent shows a clear, ongoing failure to stay involved—regardless of whether they’ve posed direct danger. The court shifted the focus to whether the parent affirmatively assumed the duties of parenthood, including emotional connection, support, and participation.
Can You Win a Contested Adoption?
Yes—but contested adoptions are legally complex and emotionally demanding. Success depends on presenting strong evidence, complying with all procedural rules, and working with an experienced family law attorney.
At Horn Law Group, we advocate for clients on both sides of adoption disputes. Whether you are adopting a child or protecting your parental rights, we can help you navigate the court system in Ocean County.
Talk to a Contested Adoption Attorney in Ocean County
If you’re involved in a contested adoption in Ocean County, don’t try to handle it alone. These cases can impact your family’s future for years to come.
Contact Horn Law Group in Toms River to speak with an attorney experienced in contested adoption cases. We’ll help you build your case, protect your rights, and focus on the child’s best interests.
Thanks to Horn Law Group, LLC intern Dillon Uhrig