As a Child’s Birth Parent You Have Many Rights

in a NJ Adoption

The decision to give a child up for adoption is tough emotionally for the parents and should only be undertaken after careful thought.  A parent may be conflicted about their ability to raise their child, the emotional impact of being "adopted” upon the child in the future, and the long-term consequences of the decision. Birth parents often feel hopeless and coerced into making a decision to give up their child for adoption but as parents you need to understand how your decision will affect your rights now and in the future.

Voluntary or Involuntary Termination of Parental

Rights Under NJ Law

When a parent chooses to give a child up for adoption, this is called a "voluntary termination of parental rights." In other words, the parents consent to the adoption. However, if there is child abuse, neglect or abandonment, NJ can involuntarily terminate parental rights. Imprisonment, mental or physical illness can also be the basis for an involuntary termination of parental rights.

When giving a child up for adoption, NJ requires the "consent," or agreement, of the birth parents, or other legal guardian. The law requires that consent must be in writing and must be confirmed before a judge of the NJ Superior Court or other designated official.

This required consent involves the child's biological mother and biological father (if paternity has been established). However, if the biological parents have already lost or terminated their parental rights, or if the parents are deceased, consent may be given by:

• An approved state adoption agency or person that's been given custody of the child

• A guardian or guardian ad litem

• A court that has jurisdiction over the child

• A close relative of the child

NJ law bans the use of any "coercion" to relinquish a birth parent’s rights. Coercion in the context of a NJ adoption can include threatening a birth parent, forcing the parents to give up rights, lying about the circumstances of the potential adoption, and shaming a parent into giving up parental rights. Any activity that even borders on coercion can jeopardize the validity of a NJ adoption.

In a contested adoption between a parent objecting to the adoption and the prospective adoptive parent, the standard applied by the NJ courts is ”the best interests of the child".  The best interests of a child requires that a parent affirmatively demonstrate their ability to perform the role of being a parent.  These duties include financial support for the birth and care of a child, demonstration of continuing interest in the child, including love and affection and establishing a place of emotional importance in the child’s life. 

A judgment of adoption will be entered over an objection of the natural parent if a NJ court finds during the six (6) month period prior to the placement of the child for adoption (or that one hundred twenty (120) days after the birth of a child), (whichever occurs first), that (1) the objecting birth parent(s) has substantially failed to perform their parental responsibilities, or (2) the objecting parent is unable to perform the expected parental functions of care and support of the child it is unlikely to change in the immediate future.