Rule 5:10-5. Post-Complaint Submissions

Rule 5:10-5. Post-Complaint Submissions

(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 Division of Child Protection and Permanency name checks.

(2) Proposed form of order for execution 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) The 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.

(4) For private stepparent adoptions and direct private placement
adoptions, the Notice of Rights in an Adoption Proceeding (Private/Non-Agency
Placement) form as promulgated by the Administrative Director of the Courts, which is
to be served on a parent whose parental rights are subject to a termination proceeding.
If the Private/Non-Agency Placement form is served on, but not filed by, the parent,
proof of service on the parent must be filed.

(5) For private agency adoptions, the Notice of Rights in an Adoption
Proceeding (Agency Placement) form as promulgated by the Administrative Director of
the Courts. If the Agency Placement form is served on, but not filed by, the parent, proof
of service on the parent must be filed.

(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 cases where the Division of Child Protection and Permanency did not place
the child, 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.

Note: New Rule 5:10-5 adopted (and former Rule 5:10-5 redesignated as Rule 5:10-8) July 21, 2011 to be effective September 1, 2011; subparagraphs (a)(1) and (b)(4) amended July 9, 2013 to be effective September 1, 2013; subparagraphs (a)(2) and (a)(3)(H) amended, and new subparagraphs (a)(4) and (a)(5) adopted May 30, 2017 to be effective immediately; subparagraph (a)(4) amended July 29, 2019 to
be effective September 1, 2019.