9:2-13. Definitions


9:2-13.      Definitions 
     For the purposes of this act, the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings: 

    (a)  The phrase "approved agency" means a legally constituted agency having its principal office within or without this State, which has been approved, pursuant to law, to place children in New Jersey for purposes of adoption. 

    (b)  The word "child" means any person under 18 years of age.

 

    (c)  The word "custody" means continuing control and authority over the person of a child, established by natural parenthood, by order or judgment of a court of competent jurisdiction, or by written surrender to and approved agency pursuant to law. 

    (d)  The phrase "forsaken parental obligations" means willful and continuous neglect or failure to perform the natural and regular obligations of care and support of a child. 

    (e)  The phrase "mentally incompetent" means inability to understand and discharge the natural and regular obligations of care and support of a child by reason of mental disease, feebleness of mind, or habitual intemperance. 

    (f)  The word "parent," when not otherwise described by the context, means a natural parent or parent by previous adoption.

 

    (g)  The word "may" shall be construed to be permissive and the word "shall" shall be construed to be mandatory.

 

    L.1955,c.232,s.1; amended 1990,c.26,s.3. 
 
9:2-14.  Surrender of child custody;  validity
    Except as otherwise provided by law or by order or judgment of a court of competent jurisdiction or by testamentary disposition, no surrender of the custody of a child shall be valid in this State unless made to an approved agency pursuant to the provisions of this act or pursuant to the provisions of a substantially similar law of another State or territory of the United States or of the Dominion of Canada or of one of its provinces.

     L.1955, c. 232, p. 896, s. 2.
 
9:2-15.  Surrender or termination of rights of one parent;  rights of other  parent
    No surrender of custody by, nor termination of the parental rights of, one parent shall affect the rights of the other parent;  nor may one parent act as the agent or representative of the other parent in the surrender of custody or termination of parental rights.

     L.1955, c. 232, p. 896, s. 3.