Rules of Court · Part 5 · New Jersey

R. 5:10-9 New Jersey Rules of Court, R. 5:10-9: Order Upon Preliminary Hearing, rendered as code with every cross-reference linked

Order Upon Preliminary Hearing

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

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:

(a) 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;

(b) The child may be known by the name proposed in the complaint, except that the birth record shall not be amended pending entry of judgment;

(c) The plaintiff or the plaintiffs may act in their own names in providing for the health and education of the child; and

(d) The plaintiff or plaintiffs shall not remove the child from this State, other than for vacations or temporary visits, except upon order of the court. An order entered pursuant to this rule shall be deemed final for the purposes of appeal.

Note: Source - R. (1969) 4:94-5. Adopted as Rule 5:10-6 December 20, 1983, to be effective December 31, 1983; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; redesignated as Rule 5:10-9 and paragraph (a) amended July 21, 2011 to be effective September 1, 2011.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 5:10-9 "Order Upon Preliminary Hearing" {
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:
(a) 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;
(b) The child may be known by the name proposed in the complaint, except that the birth record shall not be amended pending entry of judgment;
(c) The plaintiff or the plaintiffs may act in their own names in providing for the health and education of the child; and
(d) The plaintiff or plaintiffs shall not remove the child from this State, other than for vacations or temporary visits, except upon order of the court. An order entered pursuant to this rule shall be deemed final for the purposes of appeal.
Note: Source - R. (1969) 4:94-5. Adopted as Rule 5:10-6 December 20, 1983, to be effective December 31, 1983; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; redesignated as Rule 5:10-9 and paragraph (a) amended July 21, 2011 to be effective September 1, 2011.
}
referenced_by: 2:2-3
source: njcourts.gov // verbatim; changed 2025-09-18; corpus harvested 2026-09-02

← R. 5:10-8 · R. 5:10-10 → · chapter 5:10 · all rules

The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.