New Jersey § 9:3-45

§ 9:3-45.

a. In an adoption proceeding pursuant to P.L.1977, c. 367 ( C.9:3-37 et seq. ), notice of the complaint may not be waived and a notice of hearing shall be served

in accordance with the Rules of Court on each parent of the child to be adopted. The notice shall inform each parent of the purpose of the action and of the parent's

right to file written objections to the adoption within 20 days after notice is given

in the case of a resident and 35 days in the case of a nonresident. For purposes of this section, “ parent ” means (1) the husband of the mother of a child born or conceived during the marriage or (2) a putative or alleged biological mother or father of a child. b. Notice pursuant to subsection a. of this section shall not be served on a parent: (1) Who has executed a valid surrender to an approved agency pursuant to section 5

of P.L.1977, c. 367 ( C.9:3-41 ) or P.L.1955, c. 232 ( C.9:2-13 et seq. ); (2) Whose parental rights have been terminated in a separate judicial proceeding by

court order; (3) Who has, prior to the placement of the child for adoption, received notice of

the intention to place the child, which notice shall inform the parent of the purpose

of the placement, that failure to respond to the notice will prevent the person receiving

the notice from objecting to any future adoption of the child, and that the parent

has a right to file with the surrogate in the county in which venue is anticipated

to lie, the address of which surrogate shall be included in the notice, written objections

to the proposed placement within 20 days after notice is given, in the case of a resident,

and 35 days in the case of a nonresident; and who has either failed to file written

objections or denied paternity or maternity of the child. Failure to respond to this notice and object to the placement of the child for adoption

shall constitute a waiver of all notice of any subsequent proceedings with regard

to the child including proceedings for adoption or termination of parental rights; (4) Who has given the child for adoption to the adopting parent, and the Superior

Court, Chancery Division, Family Part, after a hearing at which the surrendering parent

was heard as to the voluntariness of the surrender, has determined that the surrender

was voluntary and proper; (5) Whose child has been made available for adoption in a foreign state or country

if the United States Immigration and Naturalization Service has determined that the

child has been approved for adoptive placement. The finding of the United States Immigration and Naturalization Service shall be

presumed valid and no notice shall be served ; or (6) Who is presumed to be the biological father of the child who is the subject of

the adoption proceeding pursuant to paragraph (2) of subsection a. of section 6 of

P.L.1983, c. 17 ( C.9:17-43 ) but who, within 120 days of the birth of the child or prior to the date of the preliminary

hearing, whichever occurs first, has not acknowledged paternity by amending the original

birth certificate record filed with the local registrar's office in the municipality

of birth of the child who is the subject of the adoption proceeding in accordance

with birth record amendment procedures, or has not filed an action for paternity in

court . c. If personal service of the notice cannot be effected because the whereabouts of

a birth parent of the child to be adopted are unknown, the court shall determine that an

adequate effort has been made to serve notice upon the parent if the plaintiff immediately

prior to or during the placement and not more than nine months prior to the filing

of a complaint has: (1) Sent the notice by regular mail and by certified mail return receipt requested,

to the parent's last known address; (2) Made a discreet inquiry as to the whereabouts of the missing parent among any

known relations, friends and current or former employers of the parent; (3) Unless otherwise restricted by law, made direct inquiries, using the party's name

and last known or suspected address, to the local post office, the Division of Motor

Vehicles, county welfare agency, the municipal police department, the Division of

State Police, the county probation office, the Department of Corrections, and any

social service and law enforcement agencies known to have had contact with the party,

or the equivalents in other states, territories or countries. Failure to receive a response to the inquiries within 45 days shall be a negative

response. d. In any case where , within 120 days of the birth of the child or prior to the date of the preliminary

hearing, whichever occurs first, the identity of a birth parent cannot be determined or where the known parent of a child is unable or refuses

to identify the other parent, and the court is unable from other information before

the court to identify the other parent, service on that parent shall be waived by

the court. e. In conducting the hearing required by paragraph (4) of subsection b. of this section,

the court shall determine that the surrender is voluntary and that the birth parent

knows (1) that the hearing is to surrender birth rights; (2) that the hearing is

to permanently end the relationship and all contact between parent and child; (3)

that such action is a relinquishment and termination of parental rights and consent

on the part of the birth parent to the adoption; and (4) that no further notice of

the adoption proceedings shall be provided to the birth parent if the surrender is

accepted by the court.