R. 5:10-17. — Co-Parent Adoption Complaints

a. Verification of Complaint. The complaint shall be verified by both the child’s co-parent, as defined in N.J.S.A. 9:17-70, and the person treated in State law as the child’s legal parent, as defined in N.J.S.A. 9:17-70.

b. Venue. The complaint shall be filed in the county of residence of the co-parent or of the legal parent.

c. Contents of Complaint. The complaint shall state all of the following:

1. The name and address of the co-parent seeking to adopt as it appears on the child’s birth certificate;

2. The name and address of the legal parent of the child as it appears on the child’s birth certificate;

3. The name, birthdate, place of birth, and primary residential address of the child to be adopted;

4. The nature of the relationship between the co-parent and the legal parent at the time of the birth of the child. If the co-parent is currently married or a partner in civil union to a third party, the name of the co-parent’s current spouse or partner in the civil union;

5. The facts surrounding the conception of the child, identifying any other involved parties who may have parental rights with respect to the child; and

6. A statement as to whether the child is subject to the Indian Child Welfare Act pursuant to R. 5:10-6.

d. Documents to be Filed with the Complaint. The following documents shall be attached to the complaint:

1. A certified marriage or civil union certificate issued prior to the child’s birth, or a copy certified to be true by an attorney licensed to practice law in this state;

2. A certified copy of the child’s birth certificate on which both the co-parent and the legal parent are named, or a copy certified to be true by an attorney licensed to practice law in this state;

3. If the parties are no longer married or in a civil union, proof of the dissolution of the marriage or civil union;

4. If the adopting co-parent is currently married or a partner in civil union to a third party, the verified consent of that third party to the adoption;

5. An affidavit or certification signed by both the co- parent and the legal parent describing how the child was conceived and identifying any other involved parties to the conception. The parties may attach proof from a medical doctor with respect to any insemination or other fertility procedure;

6. A form of Final Judgment of Adoption; and

7. A Report of Adoption, only if an amendment to the birth certificate is requested.

e. Home Study, Background Checks and Affidavit of Non- Military Service. No home study, background checks, Social Security Numbers, or Affidavits of Non-Military Service are required when filing a complaint or when issuing a judgment of adoption.

f. Surrogate Action on the Complaint.

1. Prior to docketing the complaint, the Surrogate shall review the complaint to ensure the proper venue is laid in accordance with paragraph (b) of this Rule, and that it contains the contents and documents required under paragraphs (c) and (d) of this Rule.

2. If the complaint is deemed incomplete, the court shall order the parties to file an amended complaint or shall dismiss the complaint without prejudice, as the situation requires.

3. Upon determining that the complaint is complete and ready to be filed, a date shall be fixed for final hearing not later than ten days after filing. The Surrogate shall provide the entire adoption file to the court for review no later than five days before the final hearing date.

g. Notice Requirements. There shall be no requirement to serve either a notice of hearing or the court-promulgated form entitled "Parental Rights in an Adoption Proceeding (Non-Agency Placement)" on the legal parent.

h. Final Hearing.

1. If the court determines that the parental rights of any other interested party have been relinquished or terminated, it shall issue a judgment of adoption confirming both parties to the action as legal parents of the child, without need for an appearance by the parties.

2. If the court determines that another individual may have existing parental rights to the child, it shall order and conduct a hearing on the matter, providing notice to all parties, before issuing a judgment of adoption.