Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:10-8 governs the preliminary hearing — the agency's investigation and report five days beforehand, a background checklist and best-interest certification, the court's power to require more evidence and notice, and the bar on notice by publication.
(a)Order. If the court shall enter an order for a preliminary hearing as provided by statute, the plaintiff shall mail a copy of the order, together with a copy of the complaint, to the approved agency appointed by the order to make an investigation and report. At least 5 days prior to the day fixed for the preliminary hearing, the approved agency shall file its report with the court and mail a copy thereof to the plaintiff. The medical histories of the biological parents shall also be submitted to the court and shall be retained in the court's file. If no medical history is available or if the biological parent or parents refuse to complete one, the approved agency shall note that in its report to the court.
(b)Background Checklist and Certification by Approved Agency. The approved agency shall provide to the court a background checklist and certification on a form prescribed by the Administrative Director of the Courts, which shall include criminal history record information and child abuse record information. If the approved agency discovers a pattern of arrests or domestic violence restraining orders against the plaintiffs or other household members over the age of 18 that may impact approval of the home, the form submitted to the court shall include this information. The agency shall certify that, considering all criminal, domestic violence or child abuse records known to the agency, it is in the best interest of the child that the adoption be finalized.
(c)Hearing; Notice. At any time during or after the preliminary hearing, the court may require the production of additional testimony, may subpoena additional witnesses, or may direct that notice of the proceeding shall be given to any persons whose interests may be prejudiced or affected by the entry of a judgment of adoption. The court shall direct that notice of the proceeding be given to the biological or legal parents of the child unless notice has been waived by them, or the court dispenses with notice on proof by affidavit of diligent inquiry establishing that notwithstanding such inquiry the location of the biological or legal parents cannot be ascertained, or unless a court of competent jurisdiction has, on notice to the biological or legal parents, terminated their parental rights. The court may continue the hearing as the situation requires and shall direct the manner in which any required notice shall be given, except that no notice shall be given by publication.
(d)Dismissal; Amendment; Right to Object If in the course of the preliminary hearing the court determines that there is lack of jurisdiction or lack of qualification on the part of a plaintiff, or that the child is in the custody of an approved agency and such agency has not consented to the filing of the complaint and entry of a judgment of adoption, the complaint shall be dismissed forthwith. If the court determines that a complaint is not substantially complete in all respects, the plaintiff shall be required to file an amended complaint or the complaint shall be dismissed without prejudice, as the situation requires. Whenever a right to object to an adoption, or right to object to placement of a child for adoption exists, written objection shall be filed with the Surrogate of the County of venue. The notice of right to object shall include the proper address and telephone number for the Surrogate. If an objection is made, notice of such objection shall be sent by the Surrogate to the person, or agency, filing the original action and to the court.
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) 4:94-4(a), (b), (c). Adopted as Rule 5:10-5 December 20, 1983, to be effective December 31, 1983; paragraph (c) caption and text amended November 7, 1988 to be effective January 2, 1989; redesignated as Rule 5:10-8, paragraph (a) amended, new paragraph (b) caption and text adopted, former paragraph (b) redesignated as paragraph (c) and amended, and former paragraph (c) redesignated as paragraph (d) July 21, 2011 to be effective September 1, 2011.
Plain-English Summary
The preliminary hearing runs on an agency report. The plaintiff mails the order and complaint to the approved agency appointed to investigate, and at least 5 days before the hearing that agency files its report with the court and mails a copy to the plaintiff. The biological parents' medical histories go to the court and stay in its file; if none is available or a parent refuses, the agency says so in its report.
Alongside the report comes a background checklist and certification on a prescribed form, carrying criminal history and child abuse record information. If the agency finds a pattern of arrests or domestic violence restraining orders against the plaintiffs or other household members over 18 that may affect approval of the home, that goes in too. The agency then certifies that, considering everything it knows, finalising the adoption is in the child's best interest.
The court is not confined to what it is given. During or after the hearing it may require additional testimony, subpoena witnesses, or direct notice to anyone whose interests a judgment might prejudice. Notice must go to the biological or legal parents unless they waived it, or an affidavit of diligent inquiry shows they cannot be located, or a court has already terminated their rights on notice to them — and the rule is emphatic that no notice may be given by publication.
The hearing can also end the case. Lack of jurisdiction or qualification, or an agency's withheld consent where the child is in its custody, brings dismissal forthwith; incompleteness brings an amended complaint or dismissal without prejudice. Where a right to object exists, written objection is filed with the Surrogate of the county of venue, whose address and telephone number the notice of right to object must carry, and the Surrogate passes any objection to the filing party and the court.
Frequently Asked Questions
When must the agency file its report before a preliminary hearing?
At least 5 days prior to the day fixed for the preliminary hearing, with a copy mailed to the plaintiff.
Can notice of an adoption be published in a newspaper?
No. The court directs the manner in which any required notice is given, except that no notice shall be given by publication.
How do I object to an adoption?
Where a right to object to an adoption or to placement exists, written objection is filed with the Surrogate of the county of venue. The notice of right to object must include the Surrogate's proper address and telephone number.
What does the agency certify about the family's background?
That, considering all criminal, domestic violence or child abuse records known to it, finalising the adoption is in the best interest of the child — and it must disclose any pattern of arrests or domestic violence restraining orders against the plaintiffs or household members over 18 that may impact approval of the home.
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. 5:10-8). 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:preliminary hearing adoptionagency reportnotice to birth parentsobjection to adoptiondiligent inquiry