New Jersey § 9:3-41
Full text of New Jersey New Jersey Statutes § 9:3-41, with citation guidance and answers to common questions.
§ 9:3-41.
a. Surrender of a child to an approved agency for the purpose of adoption , other than a surrender taken in accordance with P.L.1955, c. 232 ( C. 9:2-13 et seq. ), shall be by a signed instrument acknowledged by the person executing the instrument before an officer authorized to take acknowledgments or proofs in the State in which
the instrument is executed . Prior to the execution of the surrender, the approved agency shall, directly or
through its agent, inform the person executing the surrender that the instrument is
a surrender of parental rights by the signatory and means the permanent end of the
relationship and all contact between the parent and child. The approved agency shall advise the parent that the surrender shall constitute relinquishment of the person's parental rights in or guardianship or custody of the child named therein
and consent by the person to adoption of the child. The approved agency shall offer counseling to the parent, prior to the execution of
the surrender. The surrender shall be valid and binding without regard to the age of the person executing
the surrender and shall be irrevocable except at the discretion of the approved agency taking such
surrender or upon order or judgment of a court of competent jurisdiction setting aside
such surrender upon proof of fraud, duress or misrepresentation by the approved agency. The surrender taken pursuant to this section shall be valid whether acknowledged
in this State pursuant to section 1 of P.L.1991, c. 308 ( R.S. 46:14-2.1 ) or acknowledged in another state or country pursuant to section 1 of P.L.1991, c. 308 ( R.S. 46:14-6.1 ) b. Any approved agency may accept custody of a child by a duly executed instrument
of surrender from a parent or guardian of the child or from another approved agency
or any agency for the care and protection of children approved by any other state,
by the United States or by any foreign country, which has duly obtained the authority
to place the child for adoption. c. A surrender executed in another state or foreign country by a domiciliary of that
state or country and valid where executed shall be deemed a valid surrender in this
State if taken more than 72 hours after the birth of the child. d. At the request of a parent of the child, an approved agency authorized to receive
surrenders, may receive that parent's surrender of his child for purposes of having
the child adopted by a person specified by the surrendering parent. The agency shall follow all regulations regarding the securing of a surrender and
shall cooperate with the prospective parents in the processing of the proposed adoption. An adoption based on a surrender under this subsection shall be deemed one in which
the child was received from an approved agency for purposes of section 11 of P.L.1977,
c. 367 ( C. 9:3-47 ). e. A surrender of a child shall not be valid if taken prior to the birth of the child
who is the subject of the surrender. A surrender by the birth parent of a child shall not be valid if taken within 72
hours of the birth of the child. The denial of paternity by an alleged father, at any time including prior to the
birth of the child, shall be deemed a surrender for purposes of allowing the child
to be adopted.
Frequently Asked Questions About New Jersey § 9:3-41
What does New Jersey Statutes § 9:3-41 cover?
Section 9:3-41 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 § 9:3-41?
A common citation format is "New Jersey Statutes § 9:3-41" (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 § 9:3-41 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.