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Rule 5:10-2.Caption of Complaint; Waiver of Filing Fees

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

In one sentenceRule 5:10-2 fixes the caption of an adoption complaint, requires a separate complaint for each adoptee, and lets the Surrogate waive extra filing fees for siblings on a showing of hardship.

Full Text of Rule 5:10-2

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

(a) The complaint in an action for the adoption of a child shall be verified and shall state the title of the action as “In the matter of the adoption of a child by __________.”
(b) Each complaint shall address only one adoptee. However, the supporting documentation for a sibling group being adopted by a single family may be submitted as one set of documents that supports all the siblings' complaints for adoption.
(c) In cases involving multiple children, the filing fee or fees for the additional children may be waived at the discretion of the Surrogate upon the plaintiff's showing of financial hardship.
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: Source-R. (1969) 4:94-2(a). Adopted December 20, 1983, to be effective December 31, 1983; caption amended, text amended and designated as paragraph (a), and new paragraphs (b) and (c) adopted July 21, 2011 to be effective September 1, 2011.

Plain-English Summary

The complaint is verified and captioned “In the matter of the adoption of a child by ___.” The child is not named in the title — the first of several places where these rules keep an adoptee's identity out of the public record.

Each complaint addresses only one adoptee. Siblings adopted by a single family therefore need one complaint each, though the rule spares the duplication that would otherwise follow: the supporting documentation for a sibling group may be submitted as one set of documents supporting all the siblings' complaints.

Cost is addressed too. Where multiple children are involved, the Surrogate may waive the filing fee or fees for the additional children on the plaintiff's showing of financial hardship.

Frequently Asked Questions

Do I file one adoption complaint for siblings?

No — each complaint addresses only one adoptee. But the supporting documentation for a sibling group being adopted by a single family may be submitted as one set of documents supporting all the siblings' complaints.

Can the filing fees be waived for multiple children?

Yes. In cases involving multiple children the fee or fees for the additional children may be waived at the Surrogate's discretion on a showing of financial hardship.

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. 5:10-2). 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: adoption complaint captionsibling adoptionadoption filing fee