In recognition of the outdated legal limits placed on same-sex couples ability to start a family, the New Jersey Legal Parentage Act (N.J.S.A. 9:17-69 to 71) amended the law governing the adoption of children in 2020. The law now permits civil union partners and married same-sex couples to obtain a judgment of adoption, in simplified fashion, without background checks or a court appearance. This new simplified co-parent adoption legislation replaces the cumbersome procedure of a second parent or step-parent adoption for same-sex couples.

Unlike for same-sex couples, there is a presumption of paternity for a husband under N.J.S.A. 9:17-43 for married heterosexual couples. Prior to the enactment of the Legal Parentage Act, same-sex couples had to undergo a lengthy and expensive process to adopt, even if both parents were listed on the child's birth certificate. The adoption process, for same-sex parents previously required background checks including: (l) Criminal History Record Information (CHRI) fingerprint background checks; (2) Division of Child Protection and Permanency system name checks, now referred to as Child Abuse Records Information (CARI); and (3) Domestic Violence Registry checks. As a result of the enactment of the Legal Parentage Act, courts now waive those background checks. However, the co-parent adoption process does not obviate the need for same-sex couples in New Jersey to obtain a judgment of adoption, it merely simplifies the process. 

To qualify for a co-parent adoption under the Legal Parentage Act, specifically N.J.S.A. 9:17-71(b), the petitioners must file an adoption complaint, along with (l) proof of a valid civil union or marriage between the natural or legal parent and that person's partner in civil union or spouse, issued prior to the birth of the child; (2) an original birth certificate issued by the State Registrar of Vital Statistics on which both partners in civil union or spouses are listed as parents of the child; and (3) a written declaration signed by both parties to the action that describes in sufficient detail how the child was conceived and identifies any other involved parties so that the court may determine whether those individuals have parental rights to the child.