Rule 5:10-7.Judicial Surrender of Parental Rights

Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:10-7 lets a parent surrender parental rights before the court, requires an expedited closed hearing within seven days of filing, and prescribes what the parent must be told before the surrender is accepted.

Full Text of Rule 5:10-7

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Procedure. A biological or legal parent may surrender his or her parental rights before the court. Upon filing of a written request for surrender by a biological or legal parent or the biological or legal parent's attorney, a hearing shall be scheduled on an expedited basis by the Surrogate in the county where the biological or legal parent or parents reside, if a resident of New Jersey; or in the county where the child was born if born in New Jersey; or in the county where the adoptive parents reside; or where the complaint for adoption is filed.

(b) Contents of Request for Judicial Surrender. The written request shall contain:

(1) Certification of biological or legal parents consenting to adoption;

(2) Good faith representation that the child is not a member of or eligible to be a member of a federally recognized Indian tribe;

(3) Dates of availability to appear for a hearing within seven days of filing; and

(4) Proposed form of order.

(c) Hearing. The court shall conduct a closed hearing on the record within seven days of filing to determine if the surrender is voluntary. Surrendering parent or parents shall be advised that (1) the hearing is to surrender parental rights; (2) the hearing is to permanently end the relationship and all contact between parent and child; (3) the action is a relinquishment and termination of parental rights and consent on the part of the biological or legal parent to adoption; and (4) no further notice of adoption proceedings shall be provided to the biological or legal parent if the surrender is accepted by the court.

(d) Surrenders Pursuant to N.J.S.A. 9:3-41. This rule shall not prohibit approved adoption agencies or the Division of Child Protection and Permanency from accepting surrenders of parental rights pursuant to N.J.S.A. 9:3-41.

(e) Surrenders Pursuant to the Indian Child Welfare Act (ICWA). If it is determined that the child is an Indian Child as defined by ICWA, the requirements of ICWA for voluntary terminations shall apply.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: New Rule 5:10-7 adopted (and former Rule 5:10-7 redesignated as 5:10-10) July 21, 2011 to be effective September 1, 2011; paragraph (d) amended July 9, 2013 to be effective September 1, 2013; new paragraph (e) adopted July 29, 2019 to be effective September 1, 2019.

Plain-English Summary

A judicial surrender is a parent giving up their rights in front of a judge rather than to an agency. On a written request from the parent or their attorney, the Surrogate schedules a hearing on an expedited basis — in the county where the parent lives if a New Jersey resident, or where the child was born if born here, or where the adoptive parents live, or where the adoption complaint was filed.

The written request carries four things: a certification of the parents consenting to adoption, a good faith representation that the child is not a member of and not eligible for membership in a federally recognised tribe, dates of availability to appear within seven days of filing, and a proposed form of order.

The hearing is closed, on the record, and held within seven days of filing, and its purpose is to determine that the surrender is voluntary. The parent must be told four things in plain terms: that the hearing is to surrender parental rights; that it will permanently end the relationship and all contact between parent and child; that it is a relinquishment and termination of parental rights and a consent to adoption; and that if the court accepts the surrender, no further notice of the adoption proceedings will come to them. Agencies and the Division may still accept statutory surrenders, and where the child is an Indian child the federal requirements for voluntary terminations apply instead.

Frequently Asked Questions

How quickly is a judicial surrender hearing held?

Within seven days of filing. The written request must include dates of availability to appear for a hearing within that period.

What must a parent be told before surrendering rights?

That the hearing is to surrender parental rights; that it permanently ends the relationship and all contact between parent and child; that it is a relinquishment and termination of parental rights and a consent to adoption; and that no further notice of adoption proceedings will be provided if the court accepts the surrender.

Is the surrender hearing public?

No. The court conducts a closed hearing, on the record, to determine whether the surrender is voluntary.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:10-7). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: judicial surrendersurrender of parental rightsvoluntary surrenderrelinquishment