NEW ADOPTION BILL
(Assembly Bill No. 1406)

Assembly Bill No. 1406 concerning adoptees has been approved by both houses of the New Jersey Legislature and now awaits approval by the governor. The new bill would allow adults who were adopted as infants to obtain a copy of their birth certificate with the names of their biological parents. Typically, pursuant to N.J.S.A. 26:8-40.1, both the original certificate of birth and all papers pertaining to the new certificate of birth are placed under seal, which could not be broken absent a court order. The new bill provides that the State Registrar shall now be permitted to break the seal by order of a court of competent jurisdiction or

1) A written, notarized request for an uncertified, long-form copy of the adopted person’s original certificate of birth, which complies with existing statutory and executive orders to allow the identification of the requested information submitted by:
a) The adopted person 18 years or older,
b) A direct descendent 18 years of age or older of the adopted person, if the adopted person is deceased, or
c) The adoptive parent or guardian of the minor adopted person.

To balance the privacy interests of birth parents who wish to have their anonymity protected, the effective date of said provisions shall be delayed twelve months. During this twelve month period, a birth parent of a person adopted prior to the date of enactment of this act, may either submit to the State Registrar a written, notarized request for nondisclosure or make such a request in person. If such a request is made, the State Registrar will be prohibited from providing the birth parent’s name and home addresses.

However, upon such a request of nondisclosure, the birth parent will receive a family history form requesting medical, cultural and social history regarding the birth parent, which must be completed and returned within 60 days. Failure of a birth parent to complete said form and return it within 60 days, will nullify their request for nondisclosure.

A birth parent may also submit a document of contact preference to the State Registrar and have three options to select from:
1. To be contacted directly;
2. To be contacted through an intermediary; or
3. Not to be contacted.

A birth parent who indicates they do not want to be contacted will be requested to update their family history every 10 years until the birth parent reaches the age of 40 and every five years thereafter.

In the case of a child who was surrendered pursuant to the New Jersey Safe Haven Infant Protection Act, the State Registrar shall deem that the birth parent requested nondisclosure and shall not provide the birth parent’s name or home address, if recorded on the birth certificate. As such, the Division of Youth and Family Service (DYFS) is directed to notify the State Registrar when a child is surrendered pursuant to the aforementioned law.

Finally, the bill appropriates $90,000 from the General Fund to the Department of Health and Senior Services for the purpose of providing public service messages regarding the enactment of this act.