NJ · rules
N.J. Ct. R. 5:10-7
Judicial Surrender of Parental Rights
(a) Procedure. A biological or legal parent may surrender his or her parental rights before the court. Upon filing of a written request for surrender by a biological or legal parent or the biological or legal parent's attorney, a hearing shall be scheduled on an expedited basis by the Surrogate in the county where the biological or legal parent or parents reside, if a resident of New Jersey; or in the county where the child was born if born in New Jersey; or in the county where the adoptive parents reside; or where the complaint for adoption is filed.
(b) Contents of Request for Judicial Surrender. The written request shall contain:
(1) Certification of biological or legal parents consenting to adoption;
(2) Good faith representation that the child is not a member of or eligible to be a member of a federally recognized Indian tribe;
(3) Dates of availability to appear for a hearing within seven days of filing; and
(4) Proposed form of order.
(c) Hearing. The court shall conduct a closed hearing on the record within seven days of filing to determine if the surrender is voluntary. Surrendering parent or parents shall be advised that (1) the hearing is to surrender parental rights; (2) the hearing is to permanently end the relationship and all contact between parent and child; (3) the action is a relinquishment and termination of parental rights and consent on the part of the biological or legal parent to adoption; and (4) no further notice of adoption proceedings shall be provided to the biological or legal parent if the surrender is accepted by the court.
(d) Surrenders Pursuant to N.J.S.A. 9:3-41. This rule shall not prohibit approved adoption agencies or the Division of Child Protection and Permanency from accepting surrenders of parental rights pursuant to N.J.S.A. 9:3-41.
(e) Surrenders Pursuant to the Indian Child Welfare Act (ICWA). If it is determined that the child is an Indian Child as defined by ICWA, the requirements of ICWA for voluntary terminations shall apply.
History
Note: New Rule 5:10-7 adopted (and former Rule 5:10-7 redesignated as 5:10-10) July 21, 2011 to be effective September 1, 2011; paragraph (d) amended July 9, 2013 to be effective September 1, 2013; new paragraph (e) adopted July 29, 2019 to be effective September 1, 2019.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
e1cebea0400855ccd56a9e5ebb5a30213034b5a1d52255c9ded3244d0e813950
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