R. 5:10-4. — Surrogate Action

a. Review of Complaint Prior to Docketing. Prior to docketing, the Surrogate shall review the complaint to ensure that proper venue is laid in accordance with R. 5:10-1, and that it contains the following:

1. all information required by R. 5:10-3,

2. a current address and any prior addresses within the last five years for each plaintiff,

3. the names, dates of birth and all residences within the past five years of all other adults in the adoptive home,

4. the marital, domestic union, or civil union status of each plaintiff and the name of the spouse or partner, if such person is not also a plaintiff, and

5. a home study report that is consistent with the information set forth in the complaint.

b. Jurisdiction.

1. Upon the filing of a complaint for the adoption of a child, if it appears therefrom that there is jurisdiction and that each plaintiff is qualified, as required by statute, and that the complaint is substantially complete in all respects, the complaint shall be docketed. At the time of docketing, the Surrogate's staff shall conduct a party look-up in the Judiciary case management system to determine if any of the parties exist in the court's system. If a party exists in the system, the party's demographic information shall be copied into the adoption case using the process in the Judiciary's case management system.

2. The court shall fix a day for preliminary or final hearing as provided by statute. The Surrogate shall provide the entire adoption file to the court for review no later than five business days before the first adoption proceeding.

3. In private placement adoptions, the court shall assign a date for the preliminary or final hearing. The Surrogate shall attach to the court's order a form promulgated by the Administrative Director of the Courts for parents in an adoption proceeding that informs the child's parents whose parental rights are subject to termination how to object to the adoption, as to their right to legal counsel, and how to apply for a court-appointed attorney. The signed order and form shall be returned to the plaintiff for service of the notice of the hearing pursuant to N.J.S.A. 9:3-45, and for service of the appropriate form on the child's parents unless service shall not be made on a birth parent pursuant to N.J.S.A. 9:3-45(b). Service of the form on the child's parent whose rights are not being terminated shall not be required.

4. If there is a lack of jurisdiction or lack of qualification on the part of a plaintiff the court shall dismiss the complaint forthwith. If a complaint is not substantially complete in all respects, the court shall order the plaintiff to file an amended complaint or shall dismiss the complaint without prejudice, as the situation requires.