A parent’s voluntary relinquishment of parental rights is the legal process in which the parent of a minor child asks the court to terminate the parent-child relationship. Termination of the parent-child relationship terminates the parent’s right to visitation or custody of the child, and terminates the parent’s obligation to support the child. But most courts will not allow a parent terminate parental rights and obligations such as child support unless there is a qualified person who is willing to adopt the child, and the court determines the adoption is in the best interest of the child. And even if a parent is able to voluntarily relinquish parental rights—and if the court approves the termination of parental rights and the child is adopted—the parent’s past due child support obligations will generally not be extinguished.

In New Jersey, a parent may voluntarily relinquish parental rights, but this process requires court approval and is subject to strict legal scrutiny. The court must find that the termination of parental rights is in the best interest of the child. New Jersey courts typically require that there be another individual, such as a stepparent or another adoptive parent, ready to assume the parental role before terminating the biological parent's rights. This ensures that the child's welfare is safeguarded. Additionally, even if a parent successfully relinquishes their parental rights and the child is subsequently adopted, any past due child support owed by the parent up to the point of the termination of parental rights is not waived and remains the responsibility of the parent. The termination of parental rights does not absolve the parent from their financial obligations incurred before the legal process is complete.