Rule text
a. Judgment. A separate judgment of adoption shall be entered for each adoptee and shall include the following:
1. The identity of the child being adopted, using only the initials of the child's birth name, except in stepparent or second parent adoptions or in foreign adoptions or re-adoptions where the full birth name of the child may be included.
2. The gender, date of birth, and city and state or foreign country of birth of the child.
3. The date of placement of the child with the adopting party.
4. The name of the adoption agency, if the placement was made by an approved agency, and that the agency has consented to the adoption.
5. Reference to any prior order of the court wherein parental rights and/or federal Indian Child Welfare Act issues were addressed.
6. Termination of all parental relationships, rights, and responsibilities, including the right of inheritance through intestacy, of the birth parents or other guardians of the child, except those rights that have vested prior to the entry of the judgment of adoption.
7. Confirmation that all federal Indian Child Welfare Act requirements have been fulfilled pursuant to Rule 5:10-6.
8. Granting the adoption, which establishes between the child and the adopting party all parental relationships, rights, and responsibilities, including the right of inheritance through intestacy.
9. The new name by which the child shall be known.
10. An order directing the New Jersey Bureau of Vital Statistics, or authorizing a registrar in the child's state of birth if other than in New Jersey, to issue a birth certificate in the child's new name and listing the adoptive parent as the child's parent.
b. Filing. An original and copy of the judgment shall be filed with the court.
c. Costs. If costs are allowed by the court to an approved agency, they shall be included in the judgment.
d. Certified Copies. Prior to sealing the record of the proceedings the clerk shall, upon payment of the appropriate fee, provide the plaintiff, the plaintiff's attorney, the Clerk of the Superior Court, and the approved agency which made the adoptive placement with certified copies of the judgment.
e. Report of Adoption. Upon receipt of a check payable to the Treasurer of the State of New Jersey, the Surrogate shall submit the report of adoption along with the certified judgment of adoption to the Bureau of Vital Statistics and Registration if the child was born in New Jersey or if the adoption is a foreign re-adoption. If the child was born in another state, the Surrogate shall submit the report of adoption along with the certified judgment of adoption to the Bureau of Vital Statistics or such other agency of the state in which the child was born, along with a check supplied by the plaintiff or plaintiff's attorney made payable to the appropriate entity of that state.
f. Sealing of Adoption Records. All records of proceedings related to adoption, including the complaint, judgment and all petitions, affidavits, testimony, reports, briefs, orders and other relevant documents, shall be filed under seal by the clerk of the court and shall at no time be open to inspection or copying unless the court, upon good cause shown, shall otherwise order. An index of all adoption proceedings shall be maintained by the clerk of the court, but no index of adoption proceedings shall be open to inspection or copying or be made public except by order of the court.
g. Closing of Child Placement Case (FC docket). When an adoption case is sealed and there is a related child placement case (FC docket), the child placement case shall be closed to reflect the adoption, but only when the Division of Child Protection and Permanency (the "Division") provides the court with a Notice of Change. If the adoption occurs out of state, the Division shall provide the court with both the judgment of adoption and the Notice of Change in order to close the child placement case. These documents shall be provided to the court presiding over the child placement case no later than 30 days after the adoption judgment is entered.
Notes
Note: Source - R. (1969) 4:94-8(a), (b) and (c). Adopted as Rule 5:10-9 December 20, 1983, to be effective December 31, 1983; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; redesignated as Rule 5:10-12, caption amended, new paragraph (a) adopted, former paragraphs
(a), (b), and (c) redesignated as paragraphs (b), (c), and (d), paragraph (d) amended, new paragraphs (e), (f), and (g) adopted July 21, 2011 to be effective September 1, 2011; paragraphs (a), (e) and (g) amended July 9, 2013 to be effective September 1, 2013.