How to Adopt an Adult in New Jersey
Reviewed by DocDraft Legal Team · New Jersey · Last updated October 7, 2026
An adult adoption in New Jersey is a Superior Court judgment that permanently makes one adult the legal parent of another, with the parent and child rights, duties and next of kin consequences that follow. It runs under a three section chapter of its own, N.J.S.A. 2A:22-1 through 2A:22-3, and not under the minor adoption law in Title 9. Any adult may be adopted. There is no approved category list, no disability route and no requirement that the two of you ever lived together. Two limits shape almost every New Jersey case. The adopting parent must be at least 10 years older than the person being adopted, and the person being adopted must ask for the adoption in writing, acknowledged the way a deed is acknowledged (2A:22-2). The court may waive those requirements if the adoption promotes the best interests of the person being adopted, and any waiver is recited in the judgment. Consent is narrower here than people expect. A married person adopts with a husband's or wife's consent, or the couple files jointly (2A:22-1). The adult being adopted needs nothing from their own spouse, and the chapter asks for no consent and no notice from birth parents. The surrogate fee schedule carries a separate line for adult adoption at $175 (22A:2-30). After the judgment the adopted adult inherits from the adopting parents as a child born to them, and still inherits from the birth parents (2A:22-3). Attorney review of your papers is available through DocDraft.
Find out where you stand in New Jersey
Who are you hoping to adopt?
DocDraft provides document preparation, not legal advice.
Who can be adopted as an adult in New Jersey?
Any adult person. N.J.S.A. 2A:22-1 lets the Superior Court allow an unmarried person of full age, a husband with his wife's consent, a wife with her husband's consent, or a husband and wife jointly to adopt an adult person. New Jersey attaches no list of qualifying categories to that.
Does New Jersey require an age gap for adult adoption?
Yes. The adopting parent or parents must be at least 10 years older than the person to be adopted (N.J.S.A. 2A:22-2). The court may waive that requirement on a finding that the adoption promotes the best interests of the person being adopted, and the waiver is recited in the judgment.
What does it cost to file an adult adoption in New Jersey?
New Jersey sets a statutory fee of $175 for adoption of adults, covering filing and entering proceedings, all papers, and one judgment (N.J.S.A. 22A:2-30). That line sits in the fee schedule for the surrogate and deputy clerk of the Superior Court, and the fee is used by the county collecting it.
Which spouse has to consent to a New Jersey adult adoption?
Only the adopting person's spouse. A husband adopts with his wife's consent, a wife with her husband's consent, or the two of them file jointly and both become adoptive parents (N.J.S.A. 2A:22-1). Chapter 2A:22 contains no provision requiring anything at all from the spouse of the adult being adopted.
New Jersey adult adoption at a glance
Adult adoption in New Jersey is a Superior Court judgment making one adult the permanent legal parent of another, with the full rights and duties of that relationship. The eligibility gate is wide: 2A:22-1 lets any adult person be adopted, with no category list. The real gate is arithmetic. The adopting parent must be 10 years older, and the person being adopted must sign a written request acknowledged like a deed, though a judge may waive both for best interests (2A:22-2). The judgment can change the adoptee's name. Inheritance is the unusual part. Under 2A:22-3 the adopted adult gains full intestate inheritance from the adopting parents and keeps the right to inherit from the birth parents and their kindred, while the birth parents lose the right to inherit from the adoptee.
When the 10 year gap is the only obstacle
Suppose a 49 year old in Camden County wants to adopt his wife's 41 year old daughter, who he helped raise from her teens. New Jersey asks her to fit no category, so eligibility under 2A:22-1 is not the issue. The eight year gap is. He petitions the Superior Court and asks the judge to waive the 10 year requirement under 2A:22-2, showing that the adoption promotes her best interests. She signs a written request for the adoption and for her new surname, acknowledged the way a deed is acknowledged. His wife signs a consent rather than joining, so he alone becomes the adoptive parent. He pays the $175 adult adoption fee. The judgment recites the waiver and changes her name. Attorney review of the papers is available through DocDraft.
Relevant Laws
N.J.S.A. 2A:22-1 (action in Superior Court; who may adopt and be adopted)
Lets the Superior Court allow an unmarried person of full age, a husband with his wife's consent, a wife with her husband's consent, or a husband and wife jointly to adopt an adult person and change the adult's name, on findings of good moral character, reputable standing, and advantage and benefit to the person adopted.
N.J.S.A. 2A:22-2 (10 year age gap, written request, waiver)
Bars the adoption unless the adopting parent or parents are at least 10 years older than the person to be adopted and that person has requested the adoption, and any name change, in writing acknowledged as deeds must be acknowledged. The court may waive the requirements, and every waiver is recited in the judgment.
N.J.S.A. 2A:22-3 (effect of adoption; inheritance)
Preserves the adopted person's intestate inheritance from the natural parents and their kindred, ends the relationship in all other respects including the natural parents' right to inherit from the adoptee, and creates full inheritance with the adopting parents subject to the heirs of the body and collateral kindred carve-outs.
N.J.S.A. 22A:2-30 (fees of surrogate and deputy clerk of the Superior Court)
Sets the statutory fee schedule and carries a line reading adoption of adults, filing and entering proceedings, all papers, including one judgment, $175.00. The adult line is separate from the adoption of minors line, and the fees are for the use of the county collecting them.
N.J.S.A. 9:17B-3 (majority at 18)
Provides that every person 18 or more years of age is deemed an adult for all other matters and purposes, with the same legal capacity as a person 21 or more years of age. This is the line that decides whether the adult chapter or the Title 9 minor adoption law applies.
Regional Variances
New Jersey adult adoption rules at a glance
Who may be adopted
Any adult person, with no enumerated categories, no disability route and no prior relationship requirement (N.J.S.A. 2A:22-1). Adulthood starts at 18 under N.J.S.A. 9:17B-3.
Who may adopt
An unmarried person of full age, a husband with his wife's consent, a wife with her husband's consent, or a husband and wife jointly (N.J.S.A. 2A:22-1). The court must find good moral character and reputable standing.
Age difference
The adopting parent or parents must be at least 10 years older than the person to be adopted (N.J.S.A. 2A:22-2). The court may waive it on a best interests finding, and the waiver is recited in the judgment.
The adoptee's own act
A written request for the adoption, and for the name change if wanted, acknowledged by the person being adopted the way deeds are required to be acknowledged (N.J.S.A. 2A:22-2). It is a request, not a consent form.
Consent of the adopting person's spouse
Required if that person is married and adopting alone, or the spouses may file jointly instead (N.J.S.A. 2A:22-1). Consent and joint filing are different choices with different results for who becomes a parent.
The adoptee's spouse
Nothing is required. The word spouse appears once in the whole chapter, in the 2A:22-3 rule about property when an adopted person dies without issue or a spouse, which is not a consent provision.
Birth parents
No consent and no notice appear in Chapter 2A:22. The judgment ends the relationship in all respects except the adoptee's own inheritance from them (N.J.S.A. 2A:22-3(a) and (b)).
Court
The Superior Court (N.J.S.A. 2A:22-1). The adult adoption filing fee is collected by the surrogate and deputy clerk of the Superior Court (N.J.S.A. 22A:2-30). The chapter does not name a Division or Part.
Residency
Chapter 2A:22 states no residency period for either party and no county venue rule. Confirm where to file with the county surrogate, because the statute does not supply that answer.
Filing fee
$175 for adoption of adults, filing and entering proceedings, all papers, including one judgment (N.J.S.A. 22A:2-30). The schedule carries a separate line for adoption of minors at the same amount.
Investigation
Chapter 2A:22 imposes none. Investigation, home study and background check do not appear in any of its three sections, which is a limit on what the chapter covers rather than an express waiver.
Name change
Allowed in the adoption judgment itself. The Superior Court may change the name of the adult when it allows the adoption (N.J.S.A. 2A:22-1), on the adoptee's written request (N.J.S.A. 2A:22-2).
Inheritance
Runs both ways for the adoptee. Intestate inheritance from the natural parents and their kindred survives the adoption, full inheritance with the adopting parents is created, and the natural parents lose the right to inherit from the adoptee (N.J.S.A. 2A:22-3).
Forms
No New Jersey Judiciary adult adoption form or packet was located for this guide. Ask the county surrogate for the papers list, since surrogates collect the filing fee under N.J.S.A. 22A:2-30.
Suggested Compliance Checklist
Run the two New Jersey threshold checks
Before you draft anything days after startingConfirm the person being adopted is 18 or older (N.J.S.A. 9:17B-3) and that the adopting parent is at least 10 years older (N.J.S.A. 2A:22-2). If the gap is short, decide now whether you are asking the court to waive it.
Draft the adoptee's written request
First document to prepare days after startingPrepare the request for adoption signed by the adult being adopted and acknowledged the way deeds must be acknowledged, including the change of name if one is wanted (N.J.S.A. 2A:22-2). Attorney review of the request is available through DocDraft.
Draft the spousal consent or decide to file jointly
With the request days after startingIf the adopting person is married, prepare the husband's or wife's written consent, or prepare the matter as a joint adoption by both spouses (N.J.S.A. 2A:22-1). Joint filing makes both spouses adoptive parents, so choose deliberately.
Assemble the character and benefit proofs
Before filing days after startingGather the certifications and references supporting that the adopting parent or parents are of good moral character and of reputable standing, and that the adoption is to the advantage and benefit of the person being adopted (N.J.S.A. 2A:22-1).
Confirm the filing location with the county surrogate
Before filing days after startingThe statute names only the Superior Court and sets no venue or residency rule, while the $175 adult adoption fee is collected by the surrogate and deputy clerk of the Superior Court (N.J.S.A. 22A:2-30). Call the surrogate for the papers list and filing location.
File the complaint and pay the $175 fee
When the papers are signed days after startingFile with the request, the spousal consent if any, and a proposed judgment. The statutory fee is $175 for adoption of adults, filing and entering proceedings, all papers, including one judgment (N.J.S.A. 22A:2-30).
Attend the hearing and check the judgment text
On your hearing date days after startingConfirm the signed judgment grants the adoption, carries the name change if requested, and recites any waiver the court granted, which N.J.S.A. 2A:22-2 requires to appear in the judgment of adoption entered afterward.
Revisit wills, trusts and beneficiary designations
After the judgment days after startingN.J.S.A. 2A:22-3 changes inheritance in both directions and bars the adoptee from taking property expressly limited to the heirs of the body of the adopting parent. Review every instrument that could be affected and update the ones that need it.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Run the two New Jersey threshold checks | Confirm the person being adopted is 18 or older (N.J.S.A. 9:17B-3) and that the adopting parent is at least 10 years older (N.J.S.A. 2A:22-2). If the gap is short, decide now whether you are asking the court to waive it. | - | Before you draft anything |
| Draft the adoptee's written request | Prepare the request for adoption signed by the adult being adopted and acknowledged the way deeds must be acknowledged, including the change of name if one is wanted (N.J.S.A. 2A:22-2). Attorney review of the request is available through DocDraft. | - | First document to prepare |
| Draft the spousal consent or decide to file jointly | If the adopting person is married, prepare the husband's or wife's written consent, or prepare the matter as a joint adoption by both spouses (N.J.S.A. 2A:22-1). Joint filing makes both spouses adoptive parents, so choose deliberately. | - | With the request |
| Assemble the character and benefit proofs | Gather the certifications and references supporting that the adopting parent or parents are of good moral character and of reputable standing, and that the adoption is to the advantage and benefit of the person being adopted (N.J.S.A. 2A:22-1). | - | Before filing |
| Confirm the filing location with the county surrogate | The statute names only the Superior Court and sets no venue or residency rule, while the $175 adult adoption fee is collected by the surrogate and deputy clerk of the Superior Court (N.J.S.A. 22A:2-30). Call the surrogate for the papers list and filing location. | - | Before filing |
| File the complaint and pay the $175 fee | File with the request, the spousal consent if any, and a proposed judgment. The statutory fee is $175 for adoption of adults, filing and entering proceedings, all papers, including one judgment (N.J.S.A. 22A:2-30). | - | When the papers are signed |
| Attend the hearing and check the judgment text | Confirm the signed judgment grants the adoption, carries the name change if requested, and recites any waiver the court granted, which N.J.S.A. 2A:22-2 requires to appear in the judgment of adoption entered afterward. | - | On your hearing date |
| Revisit wills, trusts and beneficiary designations | N.J.S.A. 2A:22-3 changes inheritance in both directions and bars the adoptee from taking property expressly limited to the heirs of the body of the adopting parent. Review every instrument that could be affected and update the ones that need it. | - | After the judgment |
Frequently Asked Questions
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