New Jersey § 9:3-38
Full text of New Jersey New Jersey Statutes § 9:3-38, with citation guidance and answers to common questions.
§ 9:3-38.
For the purposes of P.L.1977, c. 367 ( C.9:3-37 et seq. ) : a. “ Approved agency ” means a nonprofit corporation, association, or agency, including any public agency,
approved by the Department of Children and Families for the purpose of placing children
for adoption in New Jersey; b. “ Child ” means a person under 18 years of age; c. “ Custody ” means the general right to exercise continuing control over the person of a child
derived from court order or otherwise; d. “ Guardianship ” means the right to exercise continuing control over the person or property or both
of a child which includes any specific right of control over an aspect of the child's
upbringing derived from court order; e. “ Guardian ad litem ” means a qualified person, not necessarily an attorney, appointed by the court under
the provisions of this act or at the discretion of the court to represent the interests
of the child whether or not the child is a named party in the action; f. “ Parent ” means a birth parent or parents, including the birth father of a child born out
of wedlock who has acknowledged the child or to whom the court has ordered notice
to be given, or a parent or parents by adoption; g. “ Placement for adoption ” means the transfer of custody of a child to a person for the purpose of adoption
by that person; h. “ Plaintiff ” means a prospective parent or parents who have filed a complaint for adoption; i. “ Legal services ” means the provision of counseling or advice related to the law and procedure for
adoption of a child, preparation of legal documents, or representation of any person
before a court or administrative agency; j. “ Surrender ” means a voluntary relinquishment of all parental rights by a birth parent, previous
adoptive parent, or other person or agency authorized to exercise these rights by
law, court order or otherwise, for purposes of allowing a child to be adopted; k. “ Home study ” means an approved agency's formal assessment of the capacity and readiness of prospective
adoptive parents to adopt a child, including the agency's written report and recommendations
conducted in accordance with rules and regulations promulgated by the Director of
the Division of Child Protection and Permanency ; and l . “ Intermediary ” means any person, firm, partnership, corporation, association , or agency, which is not an approved agency as defined in this section, who acts for
or between any parent and any prospective parent or acts on behalf of either in connection
with the placement of the parent's child for adoption in the State or in any other
state or country. An intermediary in any other state or country shall not receive money or other valuable
consideration in connection with the placement of a child for adoption in this State. An intermediary in this State shall not receive money or other valuable consideration
in connection with the placement of a child for adoption in this State or in any other
state or country. The provisions of this subsection shall not be construed to prohibit the receipt
of money or other valuable consideration specifically authorized in section 18 of P.L.1993, c. 345 ( C.9:3-39.1 ).
Frequently Asked Questions About New Jersey § 9:3-38
What does New Jersey Statutes § 9:3-38 cover?
Section 9:3-38 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 9:3-38?
A common citation format is "New Jersey Statutes § 9:3-38" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 9:3-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.