Adoption of Adult by C.K., Matter of

• Decision Date: 03 April 1998
• Citation: 314 N.J.Super. 605,715 A.2d 1030
• Parties: In the Matter of the ADOPTION OF an ADULT BY C.K.
• Court: New Jersey Superior Court

Page 605

314 N.J.Super. 605

715 A.2d 1030

In the Matter of the ADOPTION OF an ADULT BY C.K.

Superior Court of New Jersey,

Chancery Division,

Family Part,

Somerset County.

Decided April 3, 1998.

Joan McSherry, for plaintiff C.K.

Roger C. Peterman, Haworth, for petitioners E.S. and W.S.

HOENS, J.S.C.

Before the court is the application of C.K., an adult, who seeks to adopt R.S., also an adult. R.S. has consented to the adoption and both parties fervently wish it to proceed. In fact, in a separate proceeding conducted during the pendency of this matter, R.S. has already successfully petitioned the court for an order permitting her to change her name so as to assume the surname of her proposed adoptive parent, which petition has been previously granted by this court. Prior to the date set for the adult adoption proceeding, R.S. advised E.S. and W.S., the parents who had adopted her as an infant and in whose household she was raised, but from whom she is now estranged, of the impending adoption. E.S. and W.S. then petitioned the court for an order requiring R.S. to serve them with notice of the proceeding and granting to them an opportunity to appear at the hearing on the adoption to be heard. They rely on the decision of the Honorable Marilyn Herr in In re the Adoption of an Adult by V.A., 294 N.J.Super. 400, 683 A.2d 591 (Ch.1996) as the support for their application. The court received extensive briefs directed to the issue of the propriety of requiring notice to a parent in an adult adoption and entertained oral arguments relating to the issue of notice and the related question of the nature of the proceeding to be had in the event that the parent wishes to be heard in opposition to the proposed adoption. Moreover, the court received numerous letters and similar documents from family members of R.S. seeking to be heard on the issue of whether granting the adoption would in fact be in the interest of or for the benefit of R.S. Because I disagree with the analysis and conclusions reached by Judge Herr in the In re V.A. decision, I decline to follow the procedure she devised of requiring that notice be given to the parents of the adult to be adopted and I issue this opinion as my statement of reasons.

An explanation of the legal and theoretical underpinnings of Judge Herr's opinion is essential for an understanding of my conclusions. In In re V.A., a step-parent sought to adopt the adult child of his spouse. The spouse had given her consent as had the proposed adoptee. No notice had been given to the proposed adult adoptee's natural father. In her opinion, Judge Herr analyzed the adult adoption statute, N.J.S.A. 2A:22-1 to -3 and held that the natural parent of the adult to be adopted had a due process right which gave rise to a right to notice and an opportunity to be heard in connection with the adoption. Citing well settled principles of due process and its requirements, see Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 47 L.Ed.2d 18 (1977); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 313, 70 S.Ct. 652, 656-57, 94 L.Ed. 865 (1950), the court concluded that wherever a fundamental interest of "life, liberty or property" is involved, a due process right attaches. The court then turned to an analysis of adoption and the interests that a natural parent has in a child and, relying solely on case law involving children, see e.g., Armstrong v. Manzo, 380 U.S. 545, 85 S.Ct. 1187, 14 L.Ed.2d 62 (1965), Sorentino v. Family & Children's Soc. Of Elizabeth, 74 N.J. 313, 326, 378 A.2d 18 (1977); In re Adoption of Child by D.M.H., 135 N.J. 473, 641 A.2d 235 (1994), and solely on the statutes relating to the adoption of children, see, e.g., N .J.S.A. 9:3-45, concluded that the parent of an adult seeking to be adopted has identical interests which give rise to a right to notice and an opportunity to be heard. While this court agrees with the analysis of In re V.A. as it pertains to the issue of due process in general, and while this court agrees with Judge Herr's analysis of the elements relating to the adoption of children, it does not agree that the interest or the rights of a parent of an adult are identical to those of the parent of a minor child and thus does not agree with Judge Herr's conclusion that the parent of an adult to be adopted is entitled to notice or an opportunity to be heard.

Before proceeding with this analysis, it is appropriate to note simply for the sake of clarity that E.S. and W.S. stand in the place of natural parents with respect to R.S. by virtue of their adoption of her as an infant many years ago. As all parties to this matter concede, that process of infant adoption created in E.S. and W.S. the same rights, duties and obligations with respect to R.S. as if she had been born to them. For the purpose of avoiding any unnecessary lack of clarity in the analysis of the matter now before this court, they will be referred to simply as her parents.

The analysis begins with the recognition that the statute which governs adult adoptions in New Jersey is markedly different from the statute which governs infant adoptions. Whereas the infant adoption statute specifically provides for and requires notice to be given to the natural parents of an infant to be adopted, see N.J.S.A. 9:3-45, and while that statute includes standards for evaluating whether the adoption may proceed in the face of an objection of a natural parent, see, N.J.S.A. 9:3-46, the statute governing adult adoptions is silent concerning any similar requirement. Indeed, the adult adoption statute is remarkably brief and succinct. See N.J.S.A. 2A:22-1 to -3. That statute provides as follows:

The superior court, shall 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 may change the name of the adult, if the court is satisfied that the adopting parent or parents are of good moral character and of reputable standing in their community, and that the adoption will be to the advantage and benefit of the person to be adopted.

The statute thus lists few requirements for an adult adoption to be permitted, requiring only that the adopting individual be an adult, that they have spousal consent if married, that they be of good moral character and...