New Jersey’s statewide parenting legislation espouses a progressive stance on the matters of same-sex parenting and child care in the processes of adoption and foster parenting. The Garden State allows for same-sex adoption; allows single homosexuals to adopt; and allows second parent same-sex adoption (“Same-Sex Adoption Laws,” n.d.). New Jersey has passed progressive laws and policies that prohibit discrimination charged against gay individuals in the adoption process (Sudol, 2010). New Jersey state law also bans discrimination against gay individuals in the foster parent process (2010). New Jersey Statutes Annotated 9:3-43 enables for any person to adopt permitted the said person(s) pass a background investigation and meet adoption criteria for eligibility(N.J.S.A. 9:3-43). Unmarried joint adoptive parents petitioning to adopt a child can do so because of N.J.S.A. 9:3-43. In re Adoption of two Children by H.N.R., 666 A.2d 535 (N.J. Super. 1995) permits second parent adoption; this statute exercises the possibility for an individual to petition for shared rights of custody with a parent who already possesses legal parental custody of a child. Several states prohibit joint adoption due to unmarried status. This statute is favorable for unmarried parents seeking to adopt in New Jersey. This New Jersey statute provides for an overall tolerant atmosphere for queer individuals and couples looking to adopt or become foster parents.
In summary, laws and policies regarding same-sex adoption vary from state to state.
The three common forms of adoptive guardianship are individual (single) parent adoption, joint adoption, and second parent adoption. Firstly, the most traditional type of adoptive parents is the single parent adoption. This is where an unmarried individual adopts a child that has been put up for adoption by the birth parent or by the state. Secondly, joint adoption is when an unmarried couple can petition