Part 5 · Action for Adoption of a Child

Rule 5:10-5. Post-Complaint Submissions

Amended July 21, 2011 (current) Contains Deadlines

(a) At least ten business days before a preliminary hearing the following shall be filed with the court:

(1) For private stepparent adoptions and direct private placement adoptions, fingerprint and DYFS name checks.

(2) Form of order upon completion of preliminary hearing.

(3) Proof of service on the biological or legal parent or parents or any of the following if not previously submitted:

(A) Termination of parental rights judgment;

(B) Parent's death certificate;

(C) Affidavit of diligent inquiry to locate the parent or parents;

(D) Surrender of parental rights to agency;

(E) Judicial surrender order;

(F) Denial of paternity form;

(G) Evidence that the biological father does not appear on the child's birth certificate, and he has not taken action pursuant to N.J.S.A. 9:3-45(b)(6);

(H) Proof of service of a notice of intent to place the child for adoption pursuant to N.J.S.A. 9:3-45(b)(3) with no objection having been filed;

(I) Affidavit executed by the placing parent that the parent cannot identify or refuses to identify the other biological or legal parent.

(b) At least ten business days before a final hearing, the following shall be filed with the court, unless previously submitted:

(1) A proposed judgment of adoption for each child being adopted.

(2) Final agency report or reports.

(3) Consent from agency for private agency placements.

(4) Proof of service or affidavit of inquiry on a biological or legal parent or parents in non-DYFS cases if parental rights have not been previously terminated, or irrevocably surrendered in the case of an agency placement.

(5) An approved Interstate Compact for the Placement of Children request if applicable.

(6) Report of adoption form from Bureau of Vital Statistics. For children born outside of New Jersey, the plaintiff or plaintiff's attorney is responsible for obtaining the amended birth certificate.

(7) Check payable to "Treasurer, State of New Jersey" if the child was born in New Jersey or if the action seeks a foreign readoption or an adoption of a child born in a foreign country.

(8) For adoptions in which a foreign country conveyed guardianship or custody for the purpose of adoption in the United States:

(A) Post-placement reports from the approved adoption agency if required by the court,

(B) The final court report of the approved New Jersey adoption agency supervising the placement, and

(C) The final consent of adoption from the approved New Jersey adoption agency supervising the placement.

(c) If a final hearing is waived in a non-agency private adoption pursuant to N.J.S.A. 9:3-48(c)(4), the documents required in paragraph (b) must be provided to the court at least ten business days before the preliminary hearing.

(d) For adoptions in which a foreign country conveyed guardianship or custody for the purpose of adoption in the United States:

(1) If an approved New Jersey adoption agency is supervising the placement, then the court rules relating to agency adoption shall apply.

(2) If the child is placed directly with the plaintiffs for purposes of a private adoption in the United States, then the court rules relating to a direct private placement adoption shall apply.