NJSBA Family Law Section

  • 1.  RE:Voluntary waiver of parental rights

    Posted 11-06-2012 03:14 PM
    Outside of the context of an adoption or DYFS action, you can't voluntarily terminate parental rights / responsibilities in NJ.

    There's an often-cited trial level case on the issue:

    http://scholar.google.com/scholar_case?case=12666217077188208034

    The court has been clear that "Parental rights are not a sometime thing. The termination of those rights entails a permanent sundering of parental ties...." "The termination of parental rights is governed strictly by statute. ... [T]he Supreme Court held that the termination of parental rights by consent of the parties is valid only when effected through voluntary surrender of a child to an approved agency or to the New Jersey Division of Youth and Family Services (DYFS) accompanied by a formal document acknowledging termination of parental rights, or through a private placement adoption."

    I have seen matters where the parties do this "de facto" - the CP agrees to CS of $1 / week (citing and departing from the guidelines) and "all parenting time will be by consent of the parties" (and none is agreed), but the door is always open on both sides to go back.


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    David Perry Davis, Esq.
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    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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