Adoptions

The Monmouth County Surrogate acts as the Clerk of the Superior Court, Chancery Division, Family Part for all Monmouth County adoptions.

The Surrogate Court meticulously reviews and files all Complaints, including all supporting papers, such as Orders Fixing Date for Hearing and Final Judgment for Adoption. The Office of the Surrogate ensures that the procedural requirements of the New Jersey Statutes and New Jersey Court Rules are followed, schedules court dates in a timely manner, certifies copies of judgments, and seals the adoption records. After adoption records are sealed per N.J.S.A. 9:3-52, only a Court Order from a Superior Court Judge can unseal them.

We understand that legal proceedings can be daunting. Seeking the guidance of a lawyer can provide the support and expertise you need to navigate this process.

County Venue

Adoption papers may be filed with the Surrogate Court in one of the following:
1. The county in which the adopting parents reside.
2. The county where the child resided immediately prior to the placement for adoption.
3. If the child is less than three months of age, the county in which the child was born.
4. Whenever the child to be adopted has been received into the home of a prospective parent from an approved agency, the action may be instituted in the Superior Court, Chancery Division, Family Part, of any county in which the approved agency has an office.


Types of Adoptions

Adult Adoption: The adult to be adopted has requested the adoption and, if desired, the change of name. The adopting parent(s) must be at least 10 years older than the adult being adopted.

Agency Adoption: The child to be adopted is in the custody and control of an approved agency.

Confirmatory Adoption or Second Parent Adoption:
Adoption for same-sex couples.

Foreign Adoption:
The foreign child to be adopted is in the custody and control of an approved agency.

Foreign Re-Adoption: The foreign child has been adopted in a foreign country before a Judge or Notary and will be re-adopted in this country, thereby creating a paper trail, as well as a New Jersey birth certificate.

Private Adoption: The child to be adopted has not been received from an approved agency but directly from a birth mother.

Relative Adoption:
The child to be adopted was not received from an agency, but the adoptive parent(s) are the child’s brother, sister, grandparent, aunt, uncle, or birth father.

Stepparent Adoption: The child to be adopted is the natural child of the plaintiff's spouse.

See New Jersey Court Rule 5:10 for all rules for filing documents and submissions.

Waiting Periods

Before the filing of a Verified Complaint for Adoption, which begins the legal process with our office, a child may be required to be in the adoptive home for a period of time. In an agency adoption, the child must be in the adoptive home for at least six months to finalize. With private placement for the purpose of adoptions, the Complaint must be filed within 45 days after receiving the child into the adoptive home. With a foreign re-adoption, the Complaint can be filed upon the approval of the U.S. Citizenship and Immigration Services. Adoption should be finalized prior to 18th birthday. In the case of an adult adoption, there is no waiting time.

After the Complaint is filed, a hearing date is set. For an agency adoption, the statute requires the hearing to take place no less than 10 days and no more than 30 days from the filing of the Complaint. For a stepparent, relative, private adoption or foreign re-adoption, the statute requires a waiting time of no less than 60 days and no more than 90 days from the filing of the Complaint. The finalization of a private adoption requires a statutory time of six months, nothing less than 6 months and no more than 9 months from the preliminary hearing. There is no similar statutory requirement for an adult adoption.

Special Requirements for Stepparent Adoption

At the time of the filing of the Verified Complaint in a stepparent adoption, there are many other documents that must be filed along with the pleadings. These include Criminal History Record Information (CHRI) fingerprint background checks must be completed through the adoption agency, Child Abuse Record Information (CARI), and Domestic Violence Registry Check (D.V.C). The clearances must be less than 12 months old at the time of the filing of the Complaint. All of these checks must be performed on the stepparent and on all persons residing in the adoptive applicant's home who are 18 years of age or older, except the natural parent.

Filing Fees

Payment may be made by credit card, or a check made out to the Monmouth County Surrogate. The Office of the Surrogate does not accept cash.

o Adoption Filing Fee $175 per child

o Certified copy of the Final Judgment of Adoption $15.00 per copy

The Report of Adoption form and a separate check for $27 made out to the New Jersey Department of Health Vital Statistics must be submitted prior to the hearing date.

o Additional Birth Certificates $2 each

Unsealing Adoption Files

Our office often receives requests for information regarding adoptions. These requests are usually made by the adopted child who either wants to locate their natural parents or needs a copy of their Adoption Decree to prove their identity.


All adoption files are maintained by the Surrogate under seal (N.J.S.A. 9:3-52). An adoption file, or even part of an adoption file, cannot be unsealed by the Surrogate without a Court Order signed by a Superior Court Judge. The Surrogate's office can only advise you of the procedure and cost of petitioning the Court to break the seal on the adoption file.

Resources 

New Jersey Adoptees Birthright Act

The New Jersey Adoptees Birthright Act gives adopted persons who were born and/or adopted in New Jersey the right to obtain a copy of their original birth certificate (OBC) upon request to the New Jersey Registrar of Vital Statistics.

 

Adoption Records - Monmouth County
In 1940 New Jersey’s adoption statute did not retroactively seal earlier adoption files. Therefore, the adoption records from 1840 to 1940 are open to the public.

From 1940 to present – Records are placed in a sealed file and can only be accessed pursuant to a court order.

 

For further inquiries regarding adoption procedures within the Superior Court, please feel free to contact: Britney Johnson, Adoption Clerk, at 732-431-7330 x 7334 or scprobatepart@co.monmouth.nj.us.

 

Explore Foster and Adoption Services

This NJ resource is provided by the Office of Adoption Operations, a licensed adoption agency within the State of New Jersey, Department of Children and Families, Child Protection and Permanency.
 

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