By Amy Vasquez
Amy Vasquez is chair of the New Jersey State Bar Association (NJSBA) Child Welfare Law Section and an NJSBA Trustee.
Editor’s note: A version of this article appeared in In re Sarah, the Child Welfare Law Section newsletter. Read the full issue here (login required).
Under N.J.S.A 30:4C-23, N.J.S.A. 9:3-38, N.J.S.A. 9:3-41(d), and N.J.A.C. 10:133J, “surrender” means the voluntary relinquishment of all parental rights. The Administrative Office of the Courts form to offer a voluntary termination in Court was last revised in 2019 and is titled “Voluntary Surrender of Parental Rights Form.” Language matters. A parent who is inclined to voluntarily surrender their parental rights in the best interests of the child may not be deterred by the use of this language in the end, but it is a hurdle to emotionally overcome in what is an already an emotionally difficult decision and proceeding.
The word “surrender” is harsh. It has a literal meaning of “giving up” and is often associated with giving up power and control to an enemy. To witness a voluntary relinquishment of parental rights is sobering. Judges often acknowledge that parents voluntarily offering a termination of parental rights are acting in the best interest of the child and acting selflessly by placing the child’s welfare above their own. Not only is “voluntary surrender of parental rights” redundant, but it is painfully unnecessary. Why not drop “surrender” and instead use “termination,” which is a less emotionally-charged term and a more accurate term?
A parent who voluntarily relinquishes parental rights does not believe they are giving up, and the statutory language should not imply that they are. They are often recognized by the Court for acting in what they believe is in the best interests of their child(ren). It is a term that both parent and child will live with for the rest of their lives. The term “Voluntary Termination of Parental Rights” is a better choice.
This view is not intended to represent the view of the section, NJSBA or any other entity.