Rule 5:10-15. Adoptions of United States Citizens by Residents of Foreign Countries That Are Signatories to the Hague Adoption Convention

(a) The complaint shall allege specific facts as to the applicability of the Hague Adoption Convention and whether plaintiff is seeking a New Jersey adoption or a petition for a Hague Adoption Certificate (HAC) or a Hague Custody Declaration (HCD).

(b) The court shall determine whether the Hague Adoption Convention applies in the country where the child is residing or will reside for purposes of the adoption.

(c) If the Hague Adoption Convention applies to the case, and the court is asked to issue findings and an order supporting a request for the U.S. Department of State to issue a Hague Certificate of Adoption or a Hague Declaration of Custody for the adoption placement, the court must receive sufficient evidence to conclude that the child is eligible for adoption, and find that the placement is in the best interests of the child. The court must receive evidence on all of the following:

(1) The Hague-approved adoption agency or person is accredited by the U.S. Department of State to provide intercountry adoption services for Hague cases;

(2) A child background study has been completed in accordance with the regulations governing Hague adoptions;

(3) The child is eligible for adoption under New Jersey law;

(4) The Hague-approved adoption agency or person has made reasonable efforts to place the child in the United States but was unable to do so, or that an exception to this requirement applies to the case;

(5) The agency has determined that the placement is in the child's best interest;

(6) The home study of the adoptive family was completed, which includes:

(A) information on the plaintiff or plaintiffs, such as identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an inter-country adoption, and the characteristics of the children for whom they would be qualified to care,

(B) confirmation that a competent authority has determined that the plaintiff or plaintiffs are eligible and suited to adopt and has ensured that the plaintiff or plaintiffs have been counseled as necessary, and

(C) the results of the criminal background checks;

(7) The Central Authority of the adoptive family's country of residence has declared that the child will be permitted to enter and reside permanently in the receiving country, and has consented to the adoption;

(8) All appropriate consents have been obtained in accordance with the following standards:

(A) counseling was provided to any biological or legal parent consenting to the adoption,

(B) biological or legal parents were informed of the legal effect of adoption,

(C) such consent was freely given without inducement by compensation,

(D) such consent was not subsequently withdrawn, and

(E) consents were taken only after the birth of the child;

(9) The Hague-approved adoption agency or person has committed to taking all steps to ensure the secure transfer of the child, including obtaining permission for the child to leave the United States;

(10) The Hague-approved adoption agency or person has agreed to keep the foreign Central Authority informed about the status of the case;

(11) The plaintiff or plaintiffs have agreed to accept custody of the child for purposes of adoption;

(12) The Hague-approved adoption agency or person demonstrates that any contact between the birth family and the adoptive family complies with applicable state law and Hague regulations governing timing of such communications; and

(13) The agency certifies that no one is deriving improper financial gain from the adoption and describes the financial arrangement with the prospective adoptive family.

(d) The court shall make findings relating to the application for the HAC or HCD from the Department of State. To meet the requirements for an HAC or an HCD, the court's findings shall include that:

(1) the adoptive placement is in the child's best interest,

(2) the substantive regulatory requirements set forth in 22 C.F.R. 97.3(a) through (k) have been met, and

(3) the adoption services provider meets the requirements of 22 C.F.R. Part 96.

(e) If the court is satisfied that all Hague Adoption Convention requirements are met, the court shall make findings of fact and order the following:

(1) The child is eligible for adoption;

(2) The grant of custody with respect to the proposed adoption is in the child's best interests; and

(3) The court grants custody of the child to the named family for purposes of adoption, as applicable.

(f) A petition for HAC or HCD shall state specific facts that the plaintiff or plaintiffs intend to finalize in their country of residence or that they will return to New Jersey after the post-placement supervisory period to finalize the adoption in the Superior Court of New Jersey.