Directive #11-22 – Family – Children in Court – Revised Parental Rights Notice Forms for Agency Placement and Non-Agency Placement Adoption Proceedings

This Directive promulgates for immediate statewide use revised versions of the "Notice of Parental Rights in an Adoption Proceeding (Agency Placement)" (CN 12144) and "Notice of Parental Rights in Adoption Proceeding (Non-Agency Placement)" (CN 12145), as approved by the Judicial Council. The forms were revised (1) to clarify the notice requirements pursuant to N.J.S.A. 9:3-45; (2) to make clear that no action is necessary if the recipient does not object to the adoption; and (3) to improve the understandability of the forms from the perspective of the parents. 

N.J.S.A. 9:3-45 sets forth the notice requirements for an adoption complaint and notice of the hearing to be served on each parent of the child to be adopted in an agency or non-agency adoption. The Supreme Court in In the Matter of the Adoption of a Child by J.E.V. and D.G.V., 226 N.J. 90 (2016), addressed the notice requirements contained in N.J.S.A. 9:3-45 and further directed that a form be sent to the birth parents that: (1) advises parents that they have the right to object to the adoption; (2) outlines how parents can object; (3) explains that failure to respond to the notice in writing will constitute a waiver of future notices; ( 4) tells parents about the statutory right to counseling before they surrender their parental rights to an adoption agency; (5) advises parents on how to surrender their parental rights; ( 6) ·informs parents that they have the right to be represented by an attorney if they object and that the court will appoint counsel if they are indigent; and (7) advises parents on how to apply for counsel. 

Questions regarding this Directive may be directed to the Family Practice Division at 609-815-2900, ext. 55350.