Rule 5:10-5.Post-Complaint Submissions

Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:10-5 sets what must be filed ten business days before a preliminary hearing and ten business days before a final hearing, including the nine alternative proofs that a parent's rights have been addressed.

Full Text of Rule 5:10-5

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(a) At least ten business days before a preliminary hearing the following shall be filed with the court.

(1) For private stepparent adoptions and direct private placement adoptions, fingerprint and Division of Child Protection and Permanency name checks.

(2) Proposed form of order for execution upon completion of preliminary hearing.

(3) Proof of service on the biological or legal parent or parents or any of the following if not previously submitted:

(A) Termination of parental rights judgment;

(B) Parent's death certificate;

(D) Surrender of parental rights to agency;

(E) Judicial surrender order;

(F) Denial of paternity form;

(G) Evidence that the biological father does not appear on the child's birth certificate, and he has not taken action pursuant to N.J.S.A. 9:3-45(b)(6);

(H) The notice of intent to place the child for adoption pursuant to N.J.S.A. 9:3-45(b)(3) with no objection having been filed;

(I) Affidavit executed by the placing parent that the parent cannot identify or refuses to identify the other biological or legal parent.

(4) For private stepparent adoptions and direct private placement adoptions, the Notice of Rights in an Adoption Proceeding (Private/Non-Agency Placement) form as promulgated by the Administrative Director of the Courts, which is to be served on a parent whose parental rights are subject to a termination proceeding. If the Private/Non-Agency Placement form is served on, but not filed by, the parent, proof of service on the parent must be filed.

(5) For private agency adoptions, the Notice of Rights in an Adoption Proceeding (Agency Placement) form as promulgated by the Administrative Director of the Courts. If the Agency Placement form is served on, but not filed by, the parent, proof of service on the parent must be filed.

(b) At least ten business days before a final hearing, the following shall be filed with the court, unless previously submitted:

(1) A proposed judgment of adoption for each child being adopted.

(2) Final agency report or reports.

(3) Consent from agency for private agency placements.

(4) Proof of service or affidavit of inquiry on a biological or legal parent or parents in cases where the Division of Child Protection and Permanency did not place the child, if parental rights have not been previously terminated, or irrevocably surrendered in the case of an agency placement.

(5) An approved Interstate Compact for the Placement of Children request if applicable.

(6) Report of adoption form from Bureau of Vital Statistics. For children born outside of New Jersey, the plaintiff or plaintiffs attorney is responsible for obtaining the amended birth certificate.

(7) Check payable to “Treasurer, State of New Jersey” if the child was born in New Jersey or if the action seeks a foreign readoption or an adoption of a child born in a foreign country.

(8) For adoptions in which a foreign country conveyed guardianship or custody for the purpose of adoption in the United States:

(A) Post-placement reports from the approved adoption agency if required by the court,

(B) The final court report of the approved New Jersey adoption agency supervising the placement, and

(c) If a final hearing is waived in a non-agency private adoption pursuant to N.J.S.A. 9:3-48(c)(4), the documents required in paragraph (b) must be provided to the court at least ten business days before the preliminary hearing.

(d) For adoptions in which a foreign country conveyed guardianship or custody for the purpose of adoption in the United States:

(1) If an approved New Jersey adoption agency is supervising the placement then the court rules relating to agency adoption shall apply.

(2) If the child is placed directly with the plaintiffs for purposes of a private adoption in the United States, then the court rules relating to a direct private placement adoption shall apply.

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: New Rule 5:10-5 adopted (and former Rule 5:10-5 redesignated as Rule 5:10-8) July 21, 2011 to be effective September 1, 2011; subparagraphs (a)(1) and (b)(4) amended July 9, 2013 to be effective September 1, 2013; subparagraphs (a)(2) and (a) (3)(H) amended, and new subparagraphs (a)(4) and (a)(5) adopted May 30, 2017 to be effective immediately; subparagraph (a) (4) amended July 29, 2019 to be effective September 1, 2019.

Plain-English Summary

Both deadlines are the same length: at least ten business days before the hearing. What differs is the contents.

Before a preliminary hearing come fingerprint and Division name checks for private stepparent and direct private placement adoptions, a proposed form of order, the appropriate Notice of Rights in an Adoption Proceeding form, and proof of service on the parents. That last item has nine alternatives, and the list is really a map of every way a parent's rights can be resolved: a termination judgment, a death certificate, an affidavit of diligent inquiry, a surrender to an agency, a judicial surrender order, a denial of paternity, evidence that a biological father is not on the birth certificate and has not acted to protect his rights, an unopposed notice of intent to place, or an affidavit that the placing parent cannot or will not identify the other parent.

Before a final hearing come the documents that finish the case: a proposed judgment for each child, final agency reports, agency consent, proof of service or affidavit of inquiry where the Division did not place the child, an approved interstate compact request, the report of adoption form, and a check payable to the State Treasurer. Where a foreign country conveyed guardianship for adoption here, post-placement reports and the supervising New Jersey agency's final report and consent are added.

Two housekeeping provisions close it out. If a final hearing is waived in a non-agency private adoption, the final-hearing documents must instead reach the court ten business days before the preliminary hearing. And where a foreign country conveyed guardianship, the case follows the agency rules if a New Jersey agency supervises the placement and the direct private placement rules if it does not.

Frequently Asked Questions

When are adoption hearing documents due?

At least ten business days before a preliminary hearing, and at least ten business days before a final hearing.

How do I prove a birth parent's rights have been resolved?

The rule lists nine alternatives, including a termination of parental rights judgment, a death certificate, an affidavit of diligent inquiry, a surrender to an agency, a judicial surrender order, a denial of paternity form, and an unopposed notice of intent to place the child for adoption.

What if the final hearing is waived?

The documents otherwise required before the final hearing must be provided to the court at least ten business days before the preliminary hearing.

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. 5:10-5). 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: post-complaint submissionsadoption documents deadlineproof of service adoptionnotice of rights adoption