Search Rutgers Law Library N.J. Court Opinions

1 In the Matter of the Parentage of a Child by T.J.S. and A.L.S. -- rank: 1000

... rights she may have to the child, which by statute, N.J.S.A. 9:3-41(e), cannot occur until at least seventy-two hours after ... by the adoption statute for the relinquishment of parental rights. N.J.S.A. 9:3-41(e) (imposing seventy-two hour waiting period following birth before ... be listed as the child’s birth parents. 6 See N.J.S.A. 9:3-41(e). Or, at any time after the birth of the ... hour waiting period following the birth of the child. See N.J.S.A. 9:3-41(e). The court issued a pre-birth order on July ... A.F.’s relinquishment of parental rights pursuant to N.J.S.A. 9:3-41(e). 7 On July 7, 2009, A.F. gave birth ... the time the surrogate surrenders her rights to the child, N.J.S.A. 9:3-41(e), until the adoption process is completed, the child ...

docket:	a-130-10
court:	New Jersey Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	110692

2 IN THE MATTER OF THE PARENTAGE OF A CHILD BY T.J.S. AND A.L.S. -- rank: 978

... rights she may have to the child, which, by statute, N.J.S.A. 9:3-41(e), cannot occur until at least seventy-two hours after ... before a surrender of her parental rights is deemed valid. N.J.S.A. 9:3-41(e). Thus, contrary to the gender-neutral interpretation plaintiffs ask ... her parental rights to the child born to her. See N.J.S.A. 9:3-41(e). Simply put, the Legislature has determined when a woman ... Section 44 the birthing mother's mandatory waiting period under N.J.S.A. 9:3-41(e). 12 The fact that the Legislature has addressed the ... two hours after the birth, which is the period under N.J.S.A. 9:3-41(e) in which the birthing mother or gestational carrier may ... pre-birth order establishing parentage at birth was contrary to N.J.S.A. 9:3-41(e), which prohibits surrender of a birth mother's ...

docket:	a4784-09
court:	superior court trial
decided:	2011-02-23
status:	Published
citation:	419 N.J. Super. 46 16 A.3d 386
Document Size:	67863

3 STATE OF NEW JERSEY Division of Youth and Family Services v. T.G. -- rank: 821

... counseling is offered "prior to the execution of the surrender." N.J.S.A. 9:3-41(a). The Division, as part of the Department of Children ... 3-38(a). In order for a surrender pursuant to N.J.S.A. 9:3-41(a) to be enforceable, a parent must knowingly and voluntarily ... proof of fraud, duress or misrepresentation by the approved agency." N.J.S.A. 9:3-41(a). Based on the similarities between surrenders to an approved ... we discern no impediment to applying the requisites delineated in N.J.S.A. 9:3-41(a) to this proceeding governed by N.J.S.A. 30:4C-23. Accordingly, the safeguards of N.J.S.A. 9:3-41, as well as the standards set forth to set aside ... R.V. and an absolute relinquishment of her parental rights. N.J.S.A. 9:3-41(a). She also does not dispute she was offered ...

docket:	a6187-08
court:	superior court appellate division
decided:	2010-07-21
status:	published
citation:	414 N.J. Super. 423 999 A.2d 471
Document Size:	48167

4 In the Matter of the Adoption of a Child by J.E.V. and D.G.V. -- rank: 812

... surrender a child to a state-approved agency for adoption. N.J.S.A. 9:3-41(a). In other words, the child will become available for ... relationship and all contact between the parent and child.” N.J.S.A. 9:3-41(a). Termination of parental rights may also be involuntary. That ...

docket:	A-39-15
court:	NJ Supreme Court
decided:	2016-07-26
status:
citation:	226 N.J. 90 141 A.3d 254
Document Size:	105624

5 A-02314-15T1 OF CHILD PROTECTION AND PERMANENCY v. P.S IN THE MATTER OF THE GUARDIANSHIP OF T.W., a Minor NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L., Sr IN THE MATTER OF THE GUARDIANSHIP OF I.L. and J.L., Jr., Minors -- rank: 806

... W.'s in-camera interview. Judge Appleby noted that under N.J.S.A. 9:3-41(e), P.S.'s denial of paternity constituted a surrender ... T.W. to be adopted. Judge Appleby reasoned that under N.J.S.A. 9:3-41(a), P.S.'s surrender could only be set aside ... A FAIR HEARING ON THE R. 4:50-1 MOTION. N.J.S.A. 9:3-41(e) provides, in pertinent part, that "[t]he denial of ... purposes of allowing the child to be adopted." Pursuant to N.J.S.A. 9:3-41(a), [s]urrender of a child to an approved agency ... binding surrender. The Division complied with the safeguards contained in N.J.S.A. 9:3-41(a) and we find no procedural flaws that would render ... coercive. We disagree with both arguments. As to the former, N.J.S.A. 9:3-41(a) and (e) do not require involvement by court ...

docket:	a2314-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	58442

6 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.D. -- rank: 771

... that her motion to vacate her surrender is governed by N.J.S.A. 9:3-41(a), which states that a surrender may be set aside ... fraud, duress or misrepresentation by the approved agency." Furthermore, under N.J.S.A. 9:3-41(a), "a parent must knowingly and voluntarily express his or ... is made under Rule 4:50-1, or pursuant to N.J.S.A. 9:3-41(a). Where the surrender is void ab initio, as in ... by L. 1977, c. 367, § 20, and replaced by N.J.S.A. 9:3-41, upon which Cathy relies. Notably, although both N.J.S.A. 9:3-19.1 and N.J.S.A. 9:3-41(a) provided that a surrender by a juvenile shall be ...

docket:	a1394-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	unpublished
citation:
Document Size:	41483

7 IN THE MATTER OF THE ADOPTION OF A CHILD BY L.K. AND C.K -- rank: 765

... to the facts, the judge reached the following conclusions: Under [ N.J.S.A. ] 9:3-41, it is the responsibility of the parents in order to ... is grounds to take this outside of the purview of [ N.J.S.A. ] 9:3-41. The only thing the Court can consider is whether or ... fact. An identified adoption 4 must satisfy the requirements of N.J.S.A. 9:3-41, which provides, in pertinent part, as follows: a. Surrender of ... the approved agency" required for vacation of a surrender under N.J.S.A. 9:3-41(a). We reject Andrea and Nick's argument that the ... such technical violations should be read into the language of N.J.S.A. 9:3-41(a) as an independent basis for vacating an otherwise proper ...

docket:	a4609-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-22
status:	Published
citation:
Document Size:	75785

8 IN THE MATTER OF THE ADOPTION OF A CHILD BY R.C.W. and S.M.W -- rank: 759

... the relationship and all contact between the parent and child.' N.J.S.A. 9:3-41. The court also found Loving Choice informed Mya the surrender ... child to a state-approved agency for adoption.' Ibid. (citing N.J.S.A. 9:3-41(a)). The Adoption Act defines the term 'surrender' as 'a ... j). A surrender must be in writing and properly acknowledged. N.J.S.A. 9:3-41(a). Before a birth parent signs a surrender, the approved ...

docket:	a2907-17
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-07
status:
citation:
Document Size:	83278

9 /usr/local/share/www/libweb/collections/courts/trial/plotnick-v-deluccia.opn.html -- rank: 746

... certificate.2 The court noted that in the surrogacy context, N.J.S.A. 9:3-41(e) invalidates a carrying mother’s surrender of her maternal ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	71432

10 IN THE MATTER OF THE ADOPTION OF A CHILD BY J.E.V. and D.G.V -- rank: 725

... the agency and the court, and plaintiffs submitted evidence 3 N.J.S.A. 9:3-41(a). Pursuant to N.J.A.C. 10:121A-5 ...

docket:	a3238-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-23
status:	published
citation:	442 N.J.Super. 472 124 A.3d 708
Document Size:	45815

11 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.D. -- rank: 693

... surrender of parental rights if it objects to the surrender. N.J.S.A. 9:3-41(d) provides that, at a parent's request: an approved ... an approved agency for placement of children through adoption under N.J.S.A. 9:3-41(d). State Div. of Youth & Fam. Servs. v. T.G ... or upon order of a court of competent jurisdiction. Neither N.J.S.A. 9:3-41(d) nor N.J.S.A. 30:4C-23 expressly ...

docket:	a0375-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-07
status:	unpublished
citation:
Document Size:	50739

12 /usr/local/share/www/libweb/collections/courts/supreme/a3628-15.opn.html -- rank: 665

... rights. We stated: In order for a surrender pursuant to N.J.S.A. 9:3-41(a) to be enforceable, a parent must knowingly and voluntarily ... proof of fraud, duress or misrepresentation by the approved agency." N.J.S.A. 9:3-41(a) . B ased on the similarities between surrenders to an ... we discern no impediment to applying the requisites delineated in N.J.S.A. 9:3-41(a) to this proceeding governed by N.J.S.A. 30:4C-23 . Accordingly, the safeguards of N.J.S.A. 9:3-41 , as well as the standards set forth to set aside ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47230

13 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.J -- rank: 637

... surrender is unenforceable because of 'fraud, duress or misrepresentation.' See N.J.S.A. 9:3-41(a); T.G., 414 N.J. Super. at 436. She ...

docket:	a3689-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-22
status:	Unpublished
citation:
Document Size:	21998

14 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M and S.S -- rank: 603

... reinstated. See N.J.S.A. 9:3-38(j); N.J.S.A. 9:3-41; N.J.S.A. 30:4C-23.' N.J. Div ...

docket:	a4728-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-14
status:	Unpublished
citation:
Document Size:	8567

15 /usr/local/share/www/libweb/collections/courts/trial/fd-16-0000.opn.html -- rank: 603

... certificate.2 The court noted that in the surrogacy context, N.J.S.A. 9:3-41(e) invalidates a carrying mother’s surrender of her maternal ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	71348