Rule 5:10-4. Surrogate Action

Rule 5:10-4. Surrogate Action

(a) Review of Complaint Prior to Docketing. 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:

(1) all information required by R. 5:10-3,

(2) a current address and any prior addresses within the last five years for
each plaintiff,

(3) the names, dates of birth and all residences within the past five years
of all other adults in the adoptive home,

(4) 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

(5) a home study report that is consistent with the information set forth in
the complaint.

(b) Jurisdiction.

(1) 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. At the time of docketing, the Surrogate's staff shall conduct a
party look-up in the Judiciary case management system to determine if any of the
parties exist in the court's system. If a party exists in the system, the party's
demographic information shall be copied into the adoption case using the process in the
Judiciary's case management system.

(2) 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.

(3) Upon the court fixing a day for preliminary or final hearing in private
placement adoptions, the Surrogate shall append to the court's order a form
promulgated by the Administrative Director of the Courts informing the child's parents
whose parental rights are subject to a termination proceeding of the procedure to object
to the adoption, the right to legal counsel, and how to apply for a court-appointed
attorney. The signed order and form shall be returned to the plaintiff for service of the
form and notice of the hearing on the child's parents whose parental rights are subject
to a termination proceeding pursuant to N.J.S.A. 9:3-45. Service of the form on the
child’s parent whose rights are not being terminated shall not be required.

(4) 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.

Note: Source - R. (1969) 4:94-3. Adopted December 20, 1983, to be effective December 31, 1983;
caption amended, former text redesignated as paragraph (b), paragraph (b) caption adopted, paragraph (b) amended, and new paragraph (a) adopted July 21, 2011 to be effective September 1, 2011; former subparagraph (b)(3) redesignated as subparagraph (b)(4) and new subparagraph (b)(3) adopted May 30, 2017 to be effective immediately; subparagraph (b)(3) amended July 29, 2019 to be effective September 1, 2019.