New Jersey Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 9:3-41- The parent or guardian of the child
- Any agency which has obtained the authority to place the child for adoption
Age When Consent of Adoptee is Considered or Required
Statute: § 9:3-49
- A child 10 years of age or older is required to appear at the 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
Statute: § 9:3-45; 9:3-46
- The parent:
- Has executed a valid surrender
- Has had parental rights terminated
- Has had the child made available for adoption
- Has failed to contact or support the child
- Has not acknowledged paternity
- Is a father whose whereabouts are unknown
- Does not file written objections to an adoption within 20 days after notice is given
- Has executed a valid surrender
When Consent Can Be Executed
Statute: § 9:3-41(e)- Consent may be executed only after 72 hours after the child's birth.
- An alleged father may execute a disclaimer of parental interest at any time, including before the child's birth.
How Consent Must Be Executed
Statute: §§ 9:3-41(a); 9:3-45(b)(4)- Surrender to an approved agency shall be in writing before an authorized person.
- A hearing may be held to determine whether the surrender was voluntary and proper.
Revocation of Consent
Statute: § 9:3-41(a)- 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, consent may be set aside when based on fraud, duress, or misrepresentation.
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