Rule 5:10-9.Order Upon Preliminary Hearing

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

In one sentenceRule 5:10-9 sets out the order entered after a satisfactory preliminary hearing, which ends the legal relationship with the birth parents, allows the new name, and bars removing the child from the State without leave.

Full Text of Rule 5:10-9

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If upon completion of a preliminary hearing the court is satisfied to proceed with the adoption, an order shall be entered reciting the findings required by statute as a basis therefor, fixing a day for final hearing, appointing an approved agency as next friend, unless such appointment shall be dispensed with as provided by statute, and declaring that, from the date of such order:

(a) The rights, duties, privileges and relations theretofore existing between the child and each biological or legal parent or other custodian or guardian theretofore appointed for such child shall be in all respects at an end;

(b) The child may be known by the name proposed in the complaint, except that the birth record shall not be amended pending entry of judgment;

(c) The plaintiff or the plaintiffs may act in their own names in providing for the health and education of the child; and

(d) The plaintiff or plaintiffs shall not remove the child from this State, other than for vacations or temporary visits, except upon order of the court. An order entered pursuant to this rule shall be deemed final for the purposes of appeal.

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) 4:94-5. Adopted as Rule 5:10-6 December 20, 1983, to be effective December 31, 1983; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; redesignated as Rule 5:10-9 and paragraph (a) amended July 21, 2011 to be effective September 1, 2011.

Plain-English Summary

If the court is satisfied to proceed, it enters an order reciting the statutory findings, fixing a day for final hearing, and appointing an approved agency as next friend unless that is dispensed with.

From the date of that order, four things are true. The rights, duties, privileges and relations previously existing between the child and each biological or legal parent, custodian or guardian are at an end. The child may be known by the name proposed in the complaint, though the birth record is not amended until judgment. The plaintiffs may act in their own names in providing for the child's health and education. And the plaintiffs may not remove the child from New Jersey, other than for vacations or temporary visits, except on court order.

The last sentence has practical weight for appeals: an order entered under this rule is deemed final for the purposes of appeal, even though the adoption itself is not yet complete.

Frequently Asked Questions

What happens after a successful preliminary hearing?

The court enters an order reciting the statutory findings, fixing a final hearing date, and appointing an approved agency as next friend unless that is dispensed with. From that date the birth parents' rights and relations are at an end and the child may use the new name.

Can we take the child out of New Jersey before the adoption is final?

Only for vacations or temporary visits, or on order of the court.

When is the birth certificate changed?

Not at this stage. The child may be known by the proposed name, but the birth record is not amended pending entry of judgment.

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. 5:10-9). 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: order upon preliminary hearingnext friendinterim adoption orderremoving child from state