Rule 5:10-1.Venue
Last amended September 1, 2021 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:10-1
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Source--R. (1969) 4:94-1(a). Adopted December 20, 1983, to be effective December 31, 1983; amended July 30, 2021 to be effective September 1, 2021.
Plain-English Summary
Three ordinary choices, and they follow the people involved. An adoption action is brought in the county where the prospective parent resides, or where the child resided immediately before placement for adoption, or, if the child is less than three months of age, in the county where the child was born.
Agency placements get a fourth option. Where the child was received into the prospective parent's home from an approved agency, the action may be instituted in the county where that agency has an office.
One clarification prevents a recurring puzzle. The Division of Child Protection and Permanency is an approved agency but operates statewide, so its “office” is deemed to be in the county where parental rights were terminated — which keeps the adoption in the county that already knows the case.
Frequently Asked Questions
Where do I file an adoption in New Jersey?
In the county where the prospective parent resides, where the child resided immediately prior to placement, or — if the child is less than three months of age — in the county where the child was born.
What if the child came from an agency?
The action may be instituted in the county where the approved agency has an office. For placements by the Division of Child Protection and Permanency, that office is deemed to be in the county where parental rights were terminated.