Rule 5:10-15.Adoptions of United States Citizens by Residents of Foreign Countries That Are...

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

In one sentenceRule 5:10-15 governs adoption of a United States citizen child by residents of a Hague Convention country, requiring evidence on thirteen points before the court can support a Hague Certificate or Custody Declaration.

Full Text of Rule 5:10-15

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(a) The complaint shall allege specific facts as to the applicability of the Hague Adoption Convention and whether plaintiff is seeking a New Jersey adoption or a petition for a Hague Adoption Certificate (HAC) or a Hague Custody Declaration (HCD).

(b) The court shall determine whether the Hague Adoption Convention applies in the country where the child is residing or will reside for purposes of the adoption.

(c) If the Hague Adoption Convention applies to the case, and the court is asked to issue findings and an order supporting a request for the U. S. Department of State to issue a Hague Certificate of Adoption or a Hague Declaration of Custody for the adoption placement, the court must receive sufficient evidence to conclude that the child is eligible for adoption, and find that the placement is in the best interests of the child. The court must receive evidence on all of the following:

(1) The Hague-approved adoption agency or person is accredited by the U. S. Department of State to provide intercountry adoption services for Hague cases;

(2) A child background study has been completed in accordance with the regulations governing Hague adoptions;

(3) The child is eligible for adoption under New Jersey law;

(4) The Hague-approved adoption agency or person has made reasonable efforts to place the child in the United States but was unable to do so, or that an exception to this requirement applies to the case;

(5) The agency has determined that the placement is in the child's best interest;

(6) The home study of the adoptive family was completed, which includes:

(A) information on the plaintiff or plaintiffs, such as identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an inter-country adoption, and the characteristics of the children for whom they would be qualified to care,

(B) confirmation that a competent authority has determined that the plaintiff or plaintiffs are eligible and suited to adopt and has ensured that the plaintiff or plaintiffs have been counseled as necessary, and

(7) The Central Authority of the adoptive family's country of residence has declared that the child will be permitted to enter and reside permanently in the receiving country, and has consented to the adoption;

(8) All appropriate consents have been obtained in accordance with the following standards:

(A) counseling was provided to any biological or legal parent consenting to the adoption,

(B) biological or legal parents were informed of the legal effect of adoption,

(D) such consent was not subsequently withdrawn, and

(E) consents were taken only after the birth of the child;

(9) The Hague-approved adoption agency or person has committed to taking all steps to ensure the secure transfer of the child, including obtaining permission for the child to leave the United States;

(10) The Hague-approved adoption agency or person has agreed to keep the foreign Central Authority informed about the status of the case;

(11) The plaintiff or plaintiffs have agreed to accept custody of the child for purposes of adoption;

(12) The Hague-approved adoption agency or person demonstrates that any contact between the birth family and the adoptive family complies with applicable state law and Hague regulations governing timing of such communications; and

(13) The agency certifies that no one is deriving improper financial gain from the adoption and describes the financial arrangement with the prospective adoptive family.

(d) The court shall make findings relating to the application for the HAC or HCD from the Department of State. To meet the requirements for an HAC or an HCD, the court's findings shall include that:

(1) the adoptive placement is in the child's best interest,

(2) the substantive regulatory requirements set forth in 22 C.F.R. 97.3(a) through (k) have been met, and

(3) the adoption services provider meets the requirements of 22 C.F.R. Part 96.

(e) If the court is satisfied that all Hague Adoption Convention requirements are met, the court shall make findings of fact and order the following:

(1) The child is eligible for adoption;

(2) The grant of custody with respect to the proposed adoption is in the child's best interests; and

(3) The court grants custody of the child to the named family for purposes of adoption, as applicable.

(f) A petition for HAC or HCD shall state specific facts that the plaintiff or plaintiffs intend to finalize in their country of residence or that they will return to New Jersey after the post-placement supervisory period to finalize the adoption in the Superior Court of New Jersey.

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

This is the outgoing direction of intercountry adoption — a New Jersey child going to a family abroad — and the Hague Convention machinery makes it the most documented proceeding in the chapter. The complaint alleges the facts bearing on whether the Convention applies and what the plaintiff seeks, and the court determines whether the Convention applies in the country where the child is or will be living.

If it does, and the court is asked to support a request for a Hague Certificate of Adoption or Declaration of Custody, it must receive evidence on thirteen points. They cover the provider (accredited by the Department of State, committed to securing the child's transfer and to keeping the foreign Central Authority informed, deriving no improper financial gain and disclosing the financial arrangement), the child (a completed background study, eligibility for adoption under New Jersey law, and reasonable but unsuccessful efforts to place the child in the United States unless an exception applies), and the family (a home study covering identity, suitability, background, medical and family history, motives and capacity; confirmation that a competent authority found them eligible and counselled; and criminal background checks). The receiving country's Central Authority must have declared the child may enter and reside permanently and consented to the adoption.

Consent gets its own five conditions, and they read as a safeguard against trafficking: counselling was provided to any consenting parent, the parents were informed of the legal effect of adoption, consent was freely given without inducement by compensation, it was not subsequently withdrawn, and it was taken only after the child's birth.

Satisfied, the court makes findings that the placement is in the child's best interest and that the federal regulatory requirements are met, then orders that the child is eligible for adoption, that the grant of custody is in the child's best interests, and that custody is granted to the named family for purposes of adoption.

Frequently Asked Questions

What must the court find before supporting a Hague Adoption Certificate?

That the child is eligible for adoption and the placement is in the child's best interests, on evidence covering thirteen points about the adoption service provider, the child, the family's home study, the receiving country's consent, and the validity of the birth parents' consents.

What makes a birth parent's consent valid in a Hague case?

Five things: counseling was provided to the consenting parent; the parents were informed of the legal effect of adoption; the consent was freely given without inducement by compensation; it was not subsequently withdrawn; and it was taken only after the birth of the child.

Must the child first be offered to United States families?

The court must receive evidence that the Hague-approved agency or person made reasonable efforts to place the child in the United States but was unable to do so, or that an exception to that requirement applies.

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. 5:10-15). 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: Hague adoption certificateoutgoing adoptionHague custody declarationadoption abroadintercountry adoption