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Rule 5:10-13.Requests to Unseal Adoption Cases: Procedure

Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:10-13 sets the procedure for asking to unseal an adoption — the Surrogate accepts a motion or notarized letter, the court decides whether good cause exists, and the Surrogate carries out the result.

Full Text of Rule 5:10-13

Text sizeJump to: (a) (b) (c) (d)

(a) The Surrogate shall accept for filing a post-judgment request to unseal an adoption, which request may be by motion or by notarized letter, and shall forward the request and a proposed order to the court. The court may, if necessary, schedule a hearing to consider the request to unseal the adoption.
(b) The court shall determine whether good cause exists to grant the request to unseal the adoption. The court shall provide to the Surrogate the signed court order denying or granting the request to unseal the adoption.
(c) If the court grants the request to unseal the adoption, the Surrogate shall provide a copy of the order unsealing the adoption to the requesting party and shall make available to the requesting party copies of the documents on file as directed by the court's order. If the Surrogate determines that an adoption did not occur in the county in which the request was received, the Surrogate shall send a letter to the requesting party indicating that there is no record of the adoption in that county and that no further action will be taken on the request.
(d) If the court denies the request to unseal the adoptions, the Surrogate shall provide a copy of the court's order denying the request to the requesting party and shall include in the sealed court file, if any, a copy of the written request and the order denying the request to unseal the adoption.
End

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: Adopted July 21, 2011 to be effective September 1, 2011.

Plain-English Summary

The route in is deliberately easy. The Surrogate accepts a post-judgment request to unseal an adoption by motion or by notarized letter, and forwards it with a proposed order to the court. A hearing is held only if the court finds one necessary.

The standard is good cause, and the court decides it, providing the Surrogate a signed order granting or denying the request.

What follows is clerical but carefully specified. If the request is granted, the Surrogate gives the requesting party a copy of the order and makes available copies of the documents on file as the order directs. If the Surrogate finds the adoption did not happen in that county, they write to say there is no record there and no further action will be taken. If the request is denied, the requesting party gets the order and a copy of both the request and the denial goes into the sealed file — so the file records that someone asked.

Frequently Asked Questions

How do I ask to unseal a New Jersey adoption record?

File a post-judgment request with the Surrogate, either by motion or by notarized letter. The Surrogate forwards it with a proposed order to the court.

What standard applies?

The court determines whether good cause exists to grant the request.

What if the adoption happened in another county?

The Surrogate sends the requesting party a letter indicating that there is no record of the adoption in that county and that no further action will be taken on the request.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:10-13). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source
Also known as: unseal adoption recordsopen adoption recordsadoption searchaccess to adoption file