Rule 5:10-4.Surrogate Action
Last amended September 1, 2023 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:10-4
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) 4:94-3. Adopted December 20, 1983, to be effective December 31, 1983; caption amended, former text redesignated as paragraph (b), paragraph (b) caption adopted, paragraph (b) amended, and new paragraph (a) adopted July 21, 2011 to be effective September 1, 2011; former subparagraph (b)(3) redesignated as subparagraph (b)(4) and new subparagraph (b)(3) adopted May 30, 2017 to be effective immediately; subparagraph (b)(3) amended July 29, 2019 to be effective September 1, 2019; subparagraph (b)(3) amended July 30, 2021 to be effective September 1, 2021; subparagraph (b)(3) amended August 4, 2023 to be effective September 1, 2023.
Plain-English Summary
The Surrogate is the gatekeeper. Before docketing, they check that venue is properly laid and that the complaint contains five things: all the information the contents rule requires, current and prior addresses for each plaintiff over the last five years, the names, dates of birth and residences over the past five years of every other adult in the adoptive home, each plaintiff's marital, domestic or civil union status with the partner's name, and a home study report consistent with the complaint.
Once jurisdiction, qualification and substantial completeness appear, the complaint is docketed, and the Surrogate's staff run a party look-up in the Judiciary case management system so existing demographic information is carried across rather than re-entered. The court fixes a day for preliminary or final hearing, and the Surrogate provides the entire adoption file to the court no later than five business days before the first proceeding.
Private placement adoptions carry an extra safeguard for the parents whose rights are at stake. The Surrogate attaches to the court's order a promulgated form telling those parents how to object to the adoption, that they have a right to counsel, and how to apply for a court-appointed attorney. The signed order and form go back to the plaintiff for service. If jurisdiction or qualification is lacking the complaint is dismissed forthwith; if it is merely incomplete, the court orders an amended complaint or dismisses without prejudice.
Frequently Asked Questions
What does the Surrogate check before an adoption is docketed?
That venue is properly laid, and that the complaint contains the information required by Rule 5:10-3, addresses for each plaintiff over the last five years, details of every other adult in the home, each plaintiff's marital or partnership status, and a home study report consistent with the complaint.
When does the judge receive the adoption file?
No later than five business days before the first adoption proceeding.
How are birth parents told they can object?
In private placement adoptions the Surrogate attaches to the court's order a promulgated form informing the child's parents whose rights are subject to termination how to object, of their right to legal counsel, and how to apply for a court-appointed attorney.
What if the complaint is incomplete?
The court orders the plaintiff to file an amended complaint or dismisses the complaint without prejudice, as the situation requires. Where jurisdiction or qualification is lacking, the complaint is dismissed forthwith.