Rule 5:10-3.Contents of Complaint

Last amended September 1, 2023 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:10-3 lists the seventeen things an adoption complaint must state, then adds separate attachment lists for domestic agency adoptions and private adoptions, and requires a verification against collusion.

Full Text of Rule 5:10-3

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

(a) Complaint. The complaint shall state:

(1) The name, age, citizenship and domicile of each plaintiff and the relationship, if any, of each plaintiff to the child to be adopted.

(2) The name, age and citizenship of the spouse, civil union partner or domestic partner of the plaintiff (if such person is not also a plaintiff), and the relationship, if any, of such person to the child to be adopted.

(3) The name, age, date of birth and birthplace of the child to be adopted; or if unknown to the plaintiff or plaintiffs, the complaint shall so state.

(4) The date of the child's placement in the adoptive home and, if applicable, a statement that the complaint has been filed early pursuant to N.J.S.A. 9:3-47(a).

(5) The name, age and birthplace of all biological and adopted children of the plaintiff or plaintiffs.

(6) The name, age and birthplace of all biological and adopted children of the spouse, civil union partner, or domestic partner of the plaintiff (if such person is not also a plaintiff).

(7) The name of the approved agency or other source from which the plaintiff or plaintiffs received the child to be adopted, including proof of the manner in which the child became legally free for adoption or a statement that parental rights have not been terminated.

(8) The date of commencement of each period during which the child to be adopted came under the continuous care of the plaintiff or plaintiffs, and the duration of each such continuous period. If the child has not been received from or with the approval of an approved agency and the complaint has not been filed promptly as required by statute, a statement of the reasons for the delay shall be made.

(9) The name and residence of each biological or legal parent and guardian or custodian of the child to be adopted. If such is unknown to the plaintiff or plaintiffs, or if deceased, the complaint shall so state. If unknown, there shall be annexed to the complaint an affidavit stating the extent of their inquiry and knowledge with respect thereto. Such affidavit may be executed by the plaintiff or plaintiffs, the biological or legal parent placing the child, the child's guardian or any combination thereof. The plaintiff or plaintiffs also shall submit an affidavit stating the circumstances under which the child was received into their home. Such affidavit or affidavits may be omitted if the child to be adopted was received by the plaintiff or plaintiffs from an approved agency.

(10) Whether or not either biological or legal parent of the child to be adopted has been granted a divorce, dissolution of a civil union or termination of a domestic partnership from the other biological or legal parent, unless such information is unknown to the plaintiff or plaintiffs. If unknown, the complaint shall so state.

(11) A full description of all property belonging to the child to be adopted. If none or unknown, the complaint shall so state.

(12) The name by which the child to be adopted shall be known.

(13) The occupation of the plaintiff or plaintiffs, and an allegation that the plaintiff or plaintiffs are able to support the child to be adopted.

(14) If the spouse, civil union partner or domestic partner of a plaintiff has consented to the proposed adoption, such consent shall be annexed to the complaint or appended thereto.

(15) If the plaintiff or plaintiffs shall have received the child to be adopted from or with the approval of an approved agency, the consent of such approved agency to the proposed adoption shall be annexed to the complaint or appended thereto.

(16) That the child is not an Indian child as defined by the federal Indian Child Welfare Act, as set forth in R. 5:10-6.

(17) Any and all prior addresses where each plaintiff and any adults in the adoptive home have resided within the last five years.

(b) Domestic Agency Adoptions; Attachments. For every domestic agency adoption, in addition to the complaint requirements set forth in paragraph (a) of this rule, there shall be attached to the complaint the following:

(1) A report of consideration and expenses in accordance with N.J.S.A. 9:3-55(a).

(2) Home study report.

(3) The results of criminal history and child abuse record information checks, including a statement as to waiver of objection regarding those results. Such checks shall be conducted within one year prior to the filing of the complaint for each person 18 years of age or older in the adoptive household.

(4) The signed original agency consent to the adoption dated within 120 days prior to the filing of the complaint, and if applicable, the agency's signed original consent to early filing of the complaint pursuant to N.J.S.A. 9:3-47(a).

(5) The agency shall certify as follows:

(A) An explanation and evaluation of the results of the fingerprint checks as it concerns the proposed adoption;

(B) A termination of parental rights judgment is not pending appeal:

(D) The plaintiff or plaintiffs have been provided with full disclosure of the adoptee's known life and medical history and the biological parents' known medical history;

(E) Whether the plaintiff or plaintiffs have entered into a subsidy agreement if applicable;

(F) No adult member of the adoptive household has been convicted of a crime that bars adoption pursuant to the Adoption and Safe Families Act (ASFA); and

(G) In cases involving the Division of Child Protection and Permanency, the adoptee's verified current social security number, and that the card will be supplied to the plaintiff or plaintiffs if available.

(6) Form of order fixing a hearing date.

(7) Interstate Compact on the Placement of Children authorization form that approves the placement, if applicable.

(8) When a child is placed for adoption by a private adoption agency, and termination of parental rights has not been granted or the biological or legal parents have not surrendered their rights, the complaint must have attached to it an affidavit of nonmilitary service in accordance with R. 1:5-7.

(c) Private Adoptions: Attachments. For every private adoption, in addition to the complaint requirements set forth in paragraph (a) of this rule, there shall be attached to the complaint the following:

(1) A report of consideration and expenses in accordance with N.J.S.A. 9:3-55(a), except where the plaintiff is a stepparent, brother, sister, grandparent, aunt, uncle, or biological father of the child.

(2) Affidavit of the circumstances under which the child was received in the adoptive home.

(3) In the case of a second-parent or co-parent adoption, the complaint shall be the same as that of a stepparent adoption.

(4) When termination of parental rights has not been granted or the biological or legal parents have not surrendered their rights, the complaint must have attached to it an affidavit of non-military service in accordance with R. 1:5-7.

(5) Form of order setting a date for a preliminary or final hearing.

(d) Affidavit of Verification and Non-Collusion. There shall be attached to every complaint for adoption an oath Or affirmation by the plaintiff or plaintiffs that the allegations of the complaint are true to the best of the party's knowledge, information and belief, and that the pleading is made in truth and good faith and without collusion for the causes set forth therein.

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(c), (d), (e). Adopted December 20, 1983, to be effective December 31, 1983; text designated as paragraph (a), former paragraphs (a), (b), and (c) redesignated as subparagraphs (a)(1), (a)(2), and (a)(3), new subparagraph (a)(4) adopted, former paragraphs (d) through (n) redesignated as subparagraphs (a)(5) through (a)(15), new subparagraphs (a)(16) and (a)(17) adopted, and new paragraphs (b), (c), and (d) adopted July 21, 2011 to be effective September 1, 2011; subparagraph (b)(5)(G) amended July 9, 2013 to be effective September 1, 2013; subparagraph (a)(16) amended August 4, 2023 to be effective September 1, 2023.

Plain-English Summary

This is the longest checklist in the adoption rules, and it is worth reading as three separate lists.

The complaint itself must state seventeen items. They cover who everyone is — each plaintiff's name, age, citizenship, domicile and relationship to the child, the same for a spouse or partner who is not a plaintiff, and the names, ages and birthplaces of all their biological and adopted children — and how the child came to be there: the date of placement, the source from which the child was received with proof of how the child became legally free for adoption, and the dates and duration of each continuous period of care. Where a parent's name or residence is unknown, an affidavit must set out the extent of the inquiry. The list also reaches the child's property, the name the child will take, an allegation that the plaintiffs can support the child, a statement that the child is not an Indian child, and every address the plaintiffs and other adults in the home have had in the last five years.

Agency adoptions add eight attachments, among them a report of consideration and expenses, a home study, criminal history and child abuse record checks conducted within one year of filing for every household member 18 or older, and the agency's signed consent dated within 120 days of filing. The agency also certifies seven things, including that no termination judgment is on appeal, that it knows of no concurrent adoption in another county, that the plaintiffs received full disclosure of the child's and birth parents' known histories, and that no adult in the household has a conviction barring adoption.

Private adoptions add five attachments instead, including an affidavit of the circumstances in which the child was received. The report of consideration and expenses is excused where the plaintiff is a stepparent, sibling, grandparent, aunt, uncle or biological father. Every adoption complaint, whichever list applies, carries an oath that the allegations are true and made in good faith without collusion.

Frequently Asked Questions

What must a New Jersey adoption complaint contain?

Seventeen items, covering the identity, age, citizenship and domicile of each plaintiff and their relationship to the child; the child's details; how and when the child was placed and became legally free for adoption; the parents' names and residences; the child's property; the name the child will take; and every address the plaintiffs and other adults in the home have had in the last five years.

How recent must the background checks be?

Criminal history and child abuse record information checks must be conducted within one year prior to the filing of the complaint, for each person 18 years of age or older in the adoptive household.

How current must the agency's consent be?

The signed original agency consent must be dated within 120 days prior to the filing of the complaint.

Do relatives have to file a report of expenses?

Not in a private adoption where the plaintiff is a stepparent, brother, sister, grandparent, aunt, uncle or biological father of the child.

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. 5:10-3). 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 contentshome studyagency adoptionprivate adoptionbackground checks adoptionstepparent adoption