NJSBA Family Law Section

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  • 1.  Adult Adoption

    Posted 01-24-2022 01:01 PM

    I am doing an adult adoption which seems pretty staightforward.  If anyone has done one, does the complaint get filed in the family part?  I called the court and a clerk told me to file it with the Surrogate, however, the court rule says family part.   

    Secondly, is a preliminary order fixing a final hearing date necessary?  It seems that is not required by the rule.  Am I correct that with the complaint and ancillary documents, I just have to submit a final judgment of adoption?

    Thank you.

    Lucy Agostini



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    Lucy Agostini Esq
    Agostini & Slattery LLC
    Verona NJ
    [email protected]
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  • 2.  RE: Adult Adoption

    Posted 01-24-2022 01:58 PM
    Adult adoptions are done through Surrogate's office. There is only one hearing. 

    Bill Singer 

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  • 3.  RE: Adult Adoption

    Posted 01-24-2022 02:23 PM
    Hi Lucy.  
    I just did an adult adoption.  The case is captioned in Chancery Division, Family Part but is filed with the Surrogate. 
    You are right about no preliminary hearing necessary. 
    Yes, you only need to file the Complaint with ancillary docs and the proposed Final Judgment of Adoption. 
    Hope you're well. 
    Lisa.
    (formerly Lisa Liptak.  I worked at Horowitz Bross for a few years when you were there).


    Lisa M. Radell, Esq. 
    207 South Main St. 
    Cape May Court House, NJ 08210
    (609) 465-9910 (phone)
    (609) 465-9920 (fax)




    Original Message


  • 4.  RE: Adult Adoption

    Posted 01-24-2022 03:05 PM
    File a Report of Adoption as well to amend the birth certificate. If the adoptee was not born in NJ - check with the state of birth's Vital Records office to get the proper form and fee.


    By way of history to understand this weird filing/management/hearing situation - before the merger of the state and county court system, all adoptions were filed with and heard by the Surrogate. After the merger, the Surrogate's Court kept the task of intake and filing of these matters, since they had the experience, but the Surrogate was then prohibited  by statute from handling any contested matters, so the task of hearing and entry of judgment shifted to the Family Part.

    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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    Adoption Director, Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017

        






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