ADOPTION CONSENT AND SURRENDER AGREEMENT
(State of New Jersey)
[// GUIDANCE: This template is designed for use in a New Jersey private-placement or agency adoption. It addresses core statutory requirements (timing, counseling, irrevocability), embeds defensive drafting techniques, and follows the requested contract-style architecture. Counsel should tailor all bracketed items before execution and confirm that court-specific rules or agency regulations do not require additional language or forms.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. ADOPTION CONSENT AND SURRENDER AGREEMENT (the “Agreement”).
1.2 Parties.
(a) “[BIRTH PARENT FULL LEGAL NAME]” (“Birth Parent”);
(b) “[ADOPTIVE PARENT #1 FULL LEGAL NAME]” and “[ADOPTIVE PARENT #2 FULL LEGAL NAME]” (collectively, “Adoptive Parent(s)”).
1.3 Child. The minor child known at birth as “[CHILD NAME]” (the “Child”), born on “[DATE OF BIRTH]” in “[CITY/COUNTY], New Jersey.”
1.4 Effective Date. “Effective Date” means the date on which this Agreement is executed by the Birth Parent in accordance with Section 3.2(c) and acknowledged pursuant to Section 10.4.
1.5 Recitals.
A. Birth Parent is the legal parent of the Child and has the full legal right to execute this Consent.
B. Adoptive Parent(s) desire to adopt the Child through a proceeding to be filed in the Superior Court of New Jersey, Chancery Division – Family Part (the “Family Court”).
C. Birth Parent desires voluntarily and unconditionally to surrender all parental rights to the Child and to consent to the adoption of the Child by Adoptive Parent(s) in accordance with New Jersey law.
NOW, THEREFORE, in consideration of the mutual promises herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows.
2. DEFINITIONS
“Applicable Law” means all present and future federal, state, and local laws, statutes, regulations, and court rules governing adoption in the State of New Jersey, including, without limitation, the New Jersey Adoption Act and any implementing regulations.
“Counseling” means pre- and post-placement counseling provided by a qualified social worker, psychologist, or licensed clinical professional in conformity with Applicable Law.
“Revocation Period” has the meaning set forth in Section 3.3.
“Surrender” means the voluntary, permanent, and unconditional relinquishment of all parental rights by Birth Parent, as evidenced by this Agreement.
3. OPERATIVE PROVISIONS
3.1 Consideration. Birth Parent acknowledges that execution of this Agreement is voluntary and made in consideration of the anticipated placement and adoption of the Child by Adoptive Parent(s) and for no monetary compensation other than authorized pregnancy-related expenses permitted by Applicable Law.
3.2 Timing of Execution.
(a) Statutory Waiting Period. This Agreement shall not be executed earlier than seventy-two (72) hours after the Child’s birth.
(b) Independent Counsel. Birth Parent acknowledges written notice of the right to independent legal counsel at Birth Parent’s own expense or, where eligible, at public expense.
(c) Execution Formalities. Execution shall occur before a judge of the Family Court or another officer authorized by Applicable Law, in the presence of two (2) disinterested adult witnesses and a notary public.
3.3 Revocation.
(a) Revocation Period. Birth Parent may revoke this Agreement by delivering a written, notarized revocation to the Family Court and to Adoptive Parent(s) at any time prior to the earlier of:
(i) the expiration of seventy-two (72) hours after execution of this Agreement; or
(ii) entry of an order terminating parental rights or an interlocutory judgment of adoption, whichever occurs first (the “Revocation Period”).
(b) Irrevocability. Upon expiration of the Revocation Period, this Agreement becomes final, binding, and irrevocable except upon a judicial finding of fraud or duress or as otherwise provided under Applicable Law.
[// GUIDANCE: Practitioners may shorten or eliminate subsection (a) if proceeding under a court-supervised surrender that becomes irrevocable immediately upon judicial acknowledgment.]
3.4 Consent to Adoption. Subject to Section 3.3, Birth Parent hereby unconditionally:
(a) consents to the adoption of the Child by Adoptive Parent(s);
(b) relinquishes all parental rights, custody, and control over the Child; and
(c) authorizes the Family Court to enter all necessary orders terminating Birth Parent’s parental rights and approving the adoption.
3.5 Counseling Offer and Acknowledgment.
(a) Offer. Birth Parent affirms that counseling services addressing the emotional and legal aspects of adoption have been offered prior to execution and will be available for a reasonable period thereafter.
(b) Election. Birth Parent hereby:
[ ] accepts the counseling services described above; OR
[ ] knowingly and voluntarily waives such counseling services.
4. REPRESENTATIONS & WARRANTIES
4.1 By Birth Parent. Birth Parent represents and warrants that:
(a) Age and Capacity. Birth Parent is at least eighteen (18) years of age and is legally competent.
(b) Sole Legal Guardian. Birth Parent is the sole individual whose consent is required or, if another individual’s consent is required under Applicable Law, such individual has executed or will simultaneously execute a separate consent.
(c) Freedom From Duress. This Agreement is executed freely, voluntarily, and without coercion, undue influence, or promise of consideration other than that permitted by law.
(d) No Prior Assignment. Birth Parent has not previously assigned or relinquished parental rights to any other person or entity.
4.2 By Adoptive Parent(s). Adoptive Parent(s) represent and warrant that:
(a) Eligibility. Each Adoptive Parent meets all statutory eligibility requirements to adopt in New Jersey.
(b) Good Faith. Adoptive Parent(s) intend in good faith to file and diligently prosecute an adoption petition concerning the Child.
(c) No Compensation. Adoptive Parent(s) have not offered or provided, and will not offer or provide, any consideration to Birth Parent that is unlawful under Applicable Law.
4.3 Survival. The representations and warranties contained in this Section 4 shall survive the execution and, to the extent permitted by law, the irrevocability of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Each party shall execute and deliver all additional documents and take all further actions reasonably necessary to carry out the intent and purpose of this Agreement, including appearance at any required hearings.
5.2 Confidentiality. To the fullest extent permitted by law, the parties shall keep confidential all identifying information relating to the adoption proceeding, except as disclosure is required by the Family Court or Applicable Law.
5.3 No Contact During Revocation Period. During the Revocation Period the parties shall not remove the Child from New Jersey without written consent of all parties and the Family Court.
6. DEFAULT & REMEDIES
6.1 Default by Birth Parent. Any attempt to revoke this Agreement after the Revocation Period, other than on grounds permitted by law, constitutes a default.
6.2 Default by Adoptive Parent(s). Failure to proceed in good faith with the adoption or to comply with Section 5.1 constitutes a default.
6.3 Remedies.
(a) Specific Performance. The non-defaulting party may seek specific performance of this Agreement in the Family Court.
(b) Injunctive Relief. Each party acknowledges that monetary damages are inadequate and agrees that equitable relief, including temporary or permanent placement orders, may be sought without the necessity of posting bond.
(c) Attorney Fees. The Family Court may award reasonable attorney fees and costs to the prevailing party in any enforcement action.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability-cap concepts are typically inapplicable to adoption consents and have been purposefully omitted per user metadata.]
7.1 Force Majeure. No party shall be liable for delay in performing under this Agreement to the extent such delay is caused by acts of God, governmental action, or other events beyond the party’s reasonable control; provided, however, that this Section shall not extend any statutory deadline or the Revocation Period.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any disputes arising hereunder shall be governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles.
8.2 Exclusive Forum. The parties irrevocably submit to the exclusive jurisdiction of the Superior Court of New Jersey, Chancery Division – Family Part, sitting in [COUNTY], New Jersey (the “Family Court”), for any action, suit, or proceeding arising out of or relating to this Agreement.
8.3 Arbitration. Arbitration is not available for disputes relating to adoption consent under Applicable Law, and nothing herein shall be construed to require or permit arbitration.
8.4 Jury Waiver. The Family Court does not conduct jury trials in adoption matters; accordingly, no jury waiver is required.
8.5 Injunctive Relief. Nothing in this Section 8 shall limit the Family Court’s authority to issue emergency, interim, or permanent placement orders to protect the best interests of the Child.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, oral or written.
9.2 Amendments. No amendment or modification of this Agreement shall be valid unless in writing, signed by all parties, and approved by the Family Court.
9.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the court may reform the Agreement to effectuate the parties’ intent within the bounds of law.
9.4 Assignment. This Agreement is personal to the parties and may not be assigned or delegated by any party without prior written consent of the others and approval of the Family Court.
9.5 Successors and Assigns. Subject to Section 9.4, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, and permitted assigns.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, portable document format (PDF), or any electronic signature technology permitted by New Jersey Court Rules shall be deemed original signatures.
10. EXECUTION BLOCK
10.1 Signature of Birth Parent
[BIRTH PARENT FULL LEGAL NAME]
Date: _______
10.2 Signatures of Adoptive Parent(s)
[ADOPTIVE PARENT #1 FULL LEGAL NAME]
Date: _______
[ADOPTIVE PARENT #2 FULL LEGAL NAME]
Date: _______
10.3 Witnesses (Two Required)
Witness #1: _____ Date: __
Witness #2: _____ Date: ____
10.4 Notarization / Judicial Acknowledgment
State of New Jersey )
County of ______ ) ss.:
On the _ day of _, 20_, before me, the undersigned authority personally appeared _____ who, being duly sworn, stated that (s)he executed the foregoing Adoption Consent and Surrender Agreement for the purposes therein contained.
Notary Public / Judge of the Superior Court
Commission Expires: ____
[// GUIDANCE: After execution, file the original Agreement with the adoption petition or surrender proceeding in the Family Court. Retain multiple certified copies for agency files and for each party. Confirm that any additional statutory forms (e.g., medical/genetic history, expense affidavits) are completed concurrently.]