An adoption The life of an adoption in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. Ad1The complaint goes to the SurrogateCounty where the prospective parent lives, where the child lived before placement, or, for a child under three months, where the child was born; one complaint per child
   1. If the co-parent is already on the birth certificate: Cp1 to Cp2, then back at Ad6.
   2. Cp1Co-parent complaint: both parents sign, no home studyCounty where the co-parent or the legal parent lives; final hearing fixed no later than ten days after filing
   3. Cp2Judgment without an appearanceAt the final hearing, within ten days of filing; no notice of hearing goes to the legal parent
2. Ad2The Surrogate reviews, dockets, and the court fixes a hearingDocketed when the complaint is substantially complete; the whole file goes to the judge no later than five business days before the first hearing
3. Ad3Notice to the birth parents; the pre-hearing fileAt least ten business days before the preliminary hearing; notice is never by publication
   1. If a parent objects: Ob1 to Ob2, then back at Ad5.
   2. Ob1Written objection filed with the SurrogateFiled with the Surrogate of the county of venue, at the address on the notice of right to object
   3. Ob2Testimony, subpoenas, and a continued hearingDuring or after the preliminary hearing, continued as the court directs
4. Ad4Preliminary hearing and the order ending the birth parents' rightsAgency report and the birth parents' medical histories filed at least 5 days before the hearing; the order is final for appeal, 21 days
5. Ad5Final hearing and judgment of adoptionProposed judgment, final agency report and report-of-adoption form filed at least ten business days before the final hearing
6. Ad6Certified copies, the new birth certificate, and the sealed fileCertified copies before the record is sealed; report of adoption sent on receipt of the check; a related FC docket closed within 30 days of the judgment

Stop by stop

1. Ad1 The complaint goes to the Surrogate

   Clock: County where the prospective parent lives, where the child lived before placement, or, for a child under three months, where the child was born; one complaint per child

   The adoption starts as a verified complaint captioned "In the matter of the adoption of a child by" the plaintiff's name, filed in the county where the prospective parent resides, where the child resided before placement, or, if the child is under three months old, where the child was born; an agency placement may also go to the county where the agency has an office. Each complaint covers one child, though siblings adopted by one family can share a single set of supporting papers, and the Surrogate can waive the fee for the extra children on a showing of hardship. R. 5:10-3 lists what the complaint must say, from the ages and citizenship of everyone involved to the name the child will carry, and every complaint closes with an oath that its allegations are true and the pleading is made without collusion.

   What the rule says 3 sources

   “An action for the adoption of a child shall be brought in the county in which the prospective parent resides, or in the county where the child resided immediately prior to placement for adoption, or, if the child is less than three months of age, in the county in which the child was born; except that whenever the child to be adopted has been received into the home of a prospective parent from an approved agency, the action may be instituted in the Superior Court, Chancery Division, Family Part of the county in which the approved agency has an office.”

   R. 5:10-1 · as code

   “Each complaint shall address only one adoptee. However, the supporting documentation for a sibling group being adopted by a single family may be submitted as one set of documents that supports all the siblings' complaints for adoption. In cases involving multiple children, the filing fee or fees for the additional children may be waived at the discretion of the Surrogate upon the plaintiff's showing of financial hardship.”

   R. 5:10-2 · as code

   “There shall be attached to every complaint for adoption an oath or affirmation by the plaintiff or plaintiffs that the allegations of the complaint are true to the best of the party's knowledge, information and belief, and that the pleading is made in truth and good faith and without collusion for the causes set forth therein.”

   R. 5:10-3(d) · as code

   Fork. If the co-parent is already on the birth certificate, the paper leaves the main line here for Cp1 and comes back at Ad6.

2. Ad2 The Surrogate reviews, dockets, and the court fixes a hearing

   Clock: Docketed when the complaint is substantially complete; the whole file goes to the judge no later than five business days before the first hearing

   Before docketing, the Surrogate checks venue and reads the complaint against R. 5:10-3: current and five-year prior addresses for every plaintiff and every other adult in the home, the marital or partnership status of each plaintiff, and a home study that matches the complaint. If jurisdiction and qualification appear and the complaint is substantially complete, it is docketed and the court fixes a day for a preliminary or final hearing. An incomplete complaint is sent back for amendment or dismissed without prejudice; a plaintiff who is not qualified is dismissed forthwith. The Surrogate attaches to the court's order the form that tells the birth parents how to object and how to ask for a lawyer, and hands the signed order and form back to the plaintiff to serve.

   What the rule says 4 sources

   “Prior to docketing, the Surrogate shall review the complaint to ensure that proper venue is laid in accordance with R. 5:10-1, and that it contains the following: all information required by R. 5:10-3, a current address and any prior addresses within the last five years for each plaintiff, the names, dates of birth and all residences within the past five years of all other adults in the adoptive home, the marital, domestic union, or civil union status of each plaintiff and the name of the spouse or partner, if such person is not also a plaintiff, and a home study report that is consistent with the information set forth in the complaint.”

   R. 5:10-4(a) · as code

   “Upon the filing of a complaint for the adoption of a child, if it appears therefrom that there is jurisdiction and that each plaintiff is qualified, as required by statute, and that the complaint is substantially complete in all respects, the complaint shall be docketed.”

   R. 5:10-4(b) · as code

   “The court shall fix a day for preliminary or final hearing as provided by statute. The Surrogate shall provide the entire adoption file to the court for review no later than five business days before the first adoption proceeding.”

   R. 5:10-4(b) · as code

   “If there is a lack of jurisdiction or lack of qualification on the part of a plaintiff the court shall dismiss the complaint forthwith. If a complaint is not substantially complete in all respects, the court shall order the plaintiff to file an amended complaint or shall dismiss the complaint without prejudice, as the situation requires.”

   R. 5:10-4(b) · as code

3. Ad3 Notice to the birth parents; the pre-hearing file

   Clock: At least ten business days before the preliminary hearing; notice is never by publication

   The plaintiff serves the notice of hearing and the parental-rights form on each parent whose rights are to be ended, unless the statute excuses service on that parent; the parent whose rights stay intact gets no form. At least ten business days before the preliminary hearing the plaintiff files the proof of service or, in its place, whatever shows that parent is out of the case: a termination judgment, a death certificate, an affidavit of diligent inquiry, an agency or judicial surrender, a denial of paternity. Stepparent and direct private placements also file fingerprint and DCP&P name checks by the same day, along with the proposed order the judge will sign at the end of the hearing. The court directs how any notice it requires is given, but never by publication.

   What the rule says 3 sources

   “The signed order and form shall be returned to the plaintiff for service of the notice of the hearing pursuant to N.J.S.A. 9:3-45, and for service of the appropriate form on the child's parents unless service shall not be made on a birth parent pursuant to N.J.S.A. 9:3-45(b). Service of the form on the child's parent whose rights are not being terminated shall not be required.”

   R. 5:10-4(b) · as code

   “At least ten business days before a preliminary hearing the following shall be filed with the court. For private stepparent adoptions and direct private placement adoptions, fingerprint and Division of Child Protection and Permanency name checks. Proposed form of order for execution upon completion of preliminary hearing. Proof of service on the biological or legal parent or parents or any of the following if not previously submitted: Termination of parental rights judgment; Parent's death certificate; Affidavit of diligent inquiry to locate the parent or parents; Surrender of parental rights to agency; Judicial surrender order; Denial of paternity form;”

   R. 5:10-5(a) · as code

   “The court shall direct that notice of the proceeding be given to the biological or legal parents of the child unless notice has been waived by them, or the court dispenses with notice on proof by affidavit of diligent inquiry establishing that notwithstanding such inquiry the location of the biological or legal parents cannot be ascertained, or unless a court of competent jurisdiction has, on notice to the biological or legal parents, terminated their parental rights. The court may continue the hearing as the situation requires and shall direct the manner in which any required notice shall be given, except that no notice shall be given by publication.”

   R. 5:10-8(c) · as code

   Fork. If a parent objects, the paper leaves the main line here for Ob1 and comes back at Ad5.

4. Ad4 Preliminary hearing and the order ending the birth parents' rights

   Clock: Agency report and the birth parents' medical histories filed at least 5 days before the hearing; the order is final for appeal, 21 days

   When the court orders a preliminary hearing, the plaintiff mails the order and the complaint to the agency the order appoints to investigate. The agency files its report, the birth parents' medical histories, and a background checklist certifying the criminal, domestic violence and child-abuse records it knows of, at least five days before the hearing. If the court is satisfied, it enters an order reciting the statutory findings, fixing the final hearing, and appointing the agency as next friend; from that order the birth parents' rights are at an end, the child may use the new name, and the plaintiffs may not take the child out of the State except on vacation without leave. That order counts as final for appeal, and the appeal clock in an adoption is 21 days.

   What the rule says 5 sources

   “If the court shall enter an order for a preliminary hearing as provided by statute, the plaintiff shall mail a copy of the order, together with a copy of the complaint, to the approved agency appointed by the order to make an investigation and report. At least 5 days prior to the day fixed for the preliminary hearing, the approved agency shall file its report with the court and mail a copy thereof to the plaintiff.”

   R. 5:10-8(a) · as code

   “The agency shall certify that, considering all criminal, domestic violence or child abuse records known to the agency, it is in the best interest of the child that the adoption be finalized.”

   R. 5:10-8(b) · as code

   “If upon completion of a preliminary hearing the court is satisfied to proceed with the adoption, an order shall be entered reciting the findings required by statute as a basis therefor, fixing a day for final hearing, appointing an approved agency as next friend, unless such appointment shall be dispensed with as provided by statute, and declaring that, from the date of such order: The rights, duties, privileges and relations theretofore existing between the child and each biological or legal parent or other custodian or guardian theretofore appointed for such child shall be in all respects at an end;”

   R. 5:10-9 · as code

   “An order entered pursuant to this rule shall be deemed final for the purposes of appeal.”

   R. 5:10-9 · as code

   “Appeals from final judgments terminating parental rights and appealable orders in adoption matters shall be filed within 21 days of their entry.”

   R. 2:4-1(a) · as code

5. Side rail. If a parent objects: Ob1 to Ob2, off the main line at Ad3.

   1. Ob1 Written objection filed with the Surrogate

      Clock: Filed with the Surrogate of the county of venue, at the address on the notice of right to object

      The form served with the order tells the parent how to object, that the parent may have a lawyer, and how to apply for a court-appointed one. A parent who objects to the adoption, or to the placement, files a written objection with the Surrogate of the county where the case is venued; the notice must carry the Surrogate's address and telephone number. The Surrogate sends word of the objection to whoever filed the adoption and to the court.

      What the rule says 2 sources

      “The Surrogate shall attach to the court's order a form promulgated by the Administrative Director of the Courts for parents in an adoption proceeding that informs the child's parents whose parental rights are subject to termination how to object to the adoption, as to their right to legal counsel, and how to apply for a court-appointed attorney.”

      R. 5:10-4(b) · as code

      “Whenever a right to object to an adoption, or right to object to placement of a child for adoption exists, written objection shall be filed with the Surrogate of the County of venue. The notice of right to object shall include the proper address and telephone number for the Surrogate. If an objection is made, notice of such objection shall be sent by the Surrogate to the person, or agency, filing the original action and to the court.”

      R. 5:10-8(d) · as code

   2. Ob2 Testimony, subpoenas, and a continued hearing

      Clock: During or after the preliminary hearing, continued as the court directs

      With an objection on file the preliminary hearing stops being a paper review. The court may take more testimony, subpoena witnesses, and order notice to anyone whose interests a judgment would touch, and it may continue the hearing as many times as the situation requires. If the court finds the plaintiff unqualified, or that an agency holding the child never consented, the complaint is dismissed forthwith. When the hearing closes the court either enters the preliminary order or does not, and the case rejoins the main line at the final hearing.

      What the rule says 2 sources

      “At any time during or after the preliminary hearing, the court may require the production of additional testimony, may subpoena additional witnesses, or may direct that notice of the proceeding shall be given to any persons whose interests may be prejudiced or affected by the entry of a judgment of adoption.”

      R. 5:10-8(c) · as code

      “If in the course of the preliminary hearing the court determines that there is lack of jurisdiction or lack of qualification on the part of a plaintiff, or that the child is in the custody of an approved agency and such agency has not consented to the filing of the complaint and entry of a judgment of adoption, the complaint shall be dismissed forthwith.”

      R. 5:10-8(d) · as code

   Rejoins. Back on the main line at Ad5.

6. Ad5 Final hearing and judgment of adoption

   Clock: Proposed judgment, final agency report and report-of-adoption form filed at least ten business days before the final hearing

   Ten business days before the final hearing the plaintiff files a proposed judgment for each child, the agency's final report and consent, proof of service or inquiry on any parent whose rights were never ended, the Bureau of Vital Statistics report-of-adoption form, and the check to the State Treasurer if the child was born in New Jersey. Where no preliminary hearing was ordered, the clerk mails the placing agency five days' notice of the final hearing with the complaint, and the agency reports in writing at the hearing. The judgment is separate for each child, identifies the child by initials except in a stepparent, second-parent or foreign adoption, ends every parental right of the birth parents, establishes every parental right in the adopting party, names the child, and directs the new birth certificate.

   What the rule says 4 sources

   “At least ten business days before a final hearing, the following shall be filed with the court, unless previously submitted: A proposed judgment of adoption for each child being adopted. Final agency report or reports. Consent from agency for private agency placements.”

   R. 5:10-5(b) · as code

   “In each action in which no order is entered for a preliminary hearing, the clerk of the court shall cause at least 5 days notice of the time and place of the final hearing, together with a copy of the complaint, to be mailed to the approved agency which placed or approved the placement of the child in the home of the plaintiff and which consented to the adoption. Such agency shall file a written report at the final hearing as to all circumstances of the case which will enable the court to make a proper decision in the matter.”

   R. 5:10-11 · as code

   “A separate judgment of adoption shall be entered for each adoptee and shall include the following: The identity of the child being adopted, using only the initials of the child's birth name, except in stepparent or second parent adoptions or in foreign adoptions or re-adoptions where the full birth name of the child may be included.”

   R. 5:10-12(a) · as code

   “Granting the adoption, which establishes between the child and the adopting party all parental relationships, rights, and responsibilities, including the right of inheritance through intestacy. The new name by which the child shall be known. An order directing the New Jersey Bureau of Vital Statistics, or authorizing a registrar in the child's state of birth if other than in New Jersey, to issue a birth certificate in the child's new name and listing the adoptive parent as the child's parent.”

   R. 5:10-12(a) · as code

7. Side rail. If the co-parent is already on the birth certificate: Cp1 to Cp2, off the main line at Ad1.

   1. Cp1 Co-parent complaint: both parents sign, no home study

      Clock: County where the co-parent or the legal parent lives; final hearing fixed no later than ten days after filing

      When the child was born into a marriage or civil union and the co-parent is already named on the birth certificate, the rules give a short line. The co-parent and the legal parent both verify one complaint in the county where either lives, attaching the marriage or civil union certificate dated before the birth, the birth certificate naming them both, an affidavit describing how the child was conceived, and a form of judgment. No home study, background checks, Social Security numbers or affidavit of non-military service are required. The Surrogate checks venue and the attachments before docketing, and once the complaint is complete a final hearing is fixed within ten days.

      What the rule says 3 sources

      “The complaint shall be verified by both the child’s co-parent, as defined in N.J.S.A. 9:17-70, and the person treated in State law as the child’s legal parent, as defined in N.J.S.A. 9:17-70.”

      R. 5:10-17(a) · as code

      “No home study, background checks, Social Security Numbers, or Affidavits of Non-Military Service are required when filing a complaint or when issuing a judgment of adoption.”

      R. 5:10-17(e) · as code

      “Upon determining that the complaint is complete and ready to be filed, a date shall be fixed for final hearing not later than ten days after filing. The Surrogate shall provide the entire adoption file to the court for review no later than five days before the final hearing date.”

      R. 5:10-17(f) · as code

   2. Cp2 Judgment without an appearance

      Clock: At the final hearing, within ten days of filing; no notice of hearing goes to the legal parent

      Nobody is served: the legal parent is a plaintiff, so neither the notice of hearing nor the parental-rights form is sent. If the court is satisfied that no one else holds parental rights, it enters a judgment confirming both plaintiffs as the child's legal parents without anyone appearing. If the papers suggest that someone else may have parental rights, the court orders a hearing on notice to everyone first. From the judgment the line rejoins the main track at the sealed file.

      What the rule says 2 sources

      “There shall be no requirement to serve either a notice of hearing or the court-promulgated form entitled "Parental Rights in an Adoption Proceeding (Non-Agency Placement)" on the legal parent.”

      R. 5:10-17(g) · as code

      “If the court determines that the parental rights of any other interested party have been relinquished or terminated, it shall issue a judgment of adoption confirming both parties to the action as legal parents of the child, without need for an appearance by the parties. If the court determines that another individual may have existing parental rights to the child, it shall order and conduct a hearing on the matter, providing notice to all parties, before issuing a judgment of adoption.”

      R. 5:10-17(h) · as code

   Rejoins. Back on the main line at Ad6.

8. Ad6 Certified copies, the new birth certificate, and the sealed file

   Clock: Certified copies before the record is sealed; report of adoption sent on receipt of the check; a related FC docket closed within 30 days of the judgment

   Before the clerk seals the file, the plaintiff, the plaintiff's lawyer, the Clerk of the Superior Court and the placing agency each get a certified copy of the judgment on payment of the fee. On receipt of the check to the State Treasurer the Surrogate sends the report of adoption and the certified judgment to the Bureau of Vital Statistics, or to the birth state's registrar with that state's check, and the child's new birth certificate follows. Then everything, complaint to judgment, is filed under seal and stays closed to inspection or copying unless the court orders otherwise for good cause; even the index is closed. A DCP&P placement case on the FC docket is closed to reflect the adoption once the Division files its Notice of Change, within 30 days of the judgment.

   What the rule says 4 sources

   “Prior to sealing the record of the proceedings the clerk shall, upon payment of the appropriate fee, provide the plaintiff, the plaintiff's attorney, the Clerk of the Superior Court, and the approved agency which made the adoptive placement with certified copies of the judgment.”

   R. 5:10-12(d) · as code

   “Upon receipt of a check payable to the Treasurer of the State of New Jersey, the Surrogate shall submit the report of adoption along with the certified judgment of adoption to the Bureau of Vital Statistics and Registration if the child was born in New Jersey or if the adoption is a foreign re-adoption.”

   R. 5:10-12(e) · as code

   “All records of proceedings related to adoption, including the complaint, judgment and all petitions, affidavits, testimony, reports, briefs, orders and other relevant documents, shall be filed under seal by the clerk of the court and shall at no time be open to inspection or copying unless the court, upon good cause shown, shall otherwise order. An index of all adoption proceedings shall be maintained by the clerk of the court, but no index of adoption proceedings shall be open to inspection or copying or be made public except by order of the court.”

   R. 5:10-12(f) · as code

   “These documents shall be provided to the court presiding over the child placement case no later than 30 days after the adoption judgment is entered.”

   R. 5:10-12(g) · as code