New Jersey Relinquishment, Consent, Revocation laws

Who Must Consent:

• The parent or guardian of the child.
  
• Any agency which has obtained the authority to place the child for adoption.
  

Consent of Adoptee:

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A child 10 years or older is required to appear at final adoption hearing and the child's wishes be given consideration, provided the child has the capacity to form an intelligent preference.

When Parental Consent is Not Needed:

The parent:

• Has executed a valid surrender.
  
• Whose parental rights have been terminated.
  
• Whose child has been made available for adoption in a foreign country.
  
• Has failed to contact or support the child.
  
• Has not acknowledged paternity.
  
• A parent who does not file written objections to an adoption within 20 days after notice is given.
  

When Relinquishment Can Be Signed:

• Consent may be executed only after 72 hours after child's birth.
  
• An alleged father may execute a disclaimer of parental interest at any time, including before the child's birth.
  
  

How Relinquishment Must Be Signed:

• Surrender to an approved agency shall be in writing before an authorized person.
  
• A hearing may be held to determine that the surrender was voluntary and proper.
  
  

Time for Revocation:

• If executed according to provisions, surrender to an agency is valid, binding, and irrevocable and constitutes a termination of parental rights.
  
• At the discretion of the agency, it may be set aside when based on fraud, duress or misrepresentation.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.