LEGISLATIVE FISCAL ESTIMATE

SENATE, No. 3528

STATE OF NEW JERSEY

218th LEGISLATURE

 

DATED: JUNE 13, 2019

 

 

SUMMARY

 

Synopsis:

Establishes process to obtain judgement of adoption for civil union partner or spouse of natural or legal parent of child when that person is named as parent on child's birth certificate.

Type of Impact:

Indeterminate cost saving; General Fund.

Agencies Affected:

The Judiciary, Superior Court, Family Division.

 

 

Office of Legislative Services Estimate

Fiscal Impact

Annual

 

State Expenditures

Indeterminate decrease

 

 

 

 

·         The Office of Legislative Services (OLS) concludes that the bill would result in an indeterminate decrease in administrative expenditures for the Family Division of the Superior Court due to the efficiencies implemented under the bill regarding the establishment of a process for an expedited judgement of adoption under certain circumstances.  Without more information from the Judiciary, however, the OLS cannot quantify this impact.

 

 

BILL DESCRIPTION

 

      This bill provides a process by which couples, in which only one marital spouse or partner in civil union is the natural parent or treated under State law as the legal parent of a child (1) who was conceived through the use of assisted reproduction, and (2) born during the civil union or marriage, can seek an expedited judgement of adoption from the court for the other spouse or partner, in lieu of pursuing a standard adoption to establish that spouse’s or partner’s parentage. This judgement of adoption would specifically confirm the parental rights of the other spouse or partner who may not be genetically related to the child.

      Concerning the bill’s requirement that the child be conceived by assisted reproduction, the bill defines the term as any medical procedure to facilitate human reproduction that involves human gametes or pre-embryos, including, but not limited to artificial insemination, in vitro fertilization, embryo transfers and similar procedures.  Notably, the term would not include the use of assisted reproduction in connection with a gestational carrier agreement pursuant to the “New Jersey Gestational Carrier Agreement Act,” P.L.2018, c.18 (C.9:17-60 et al.), as that act provides a separate means by which a party to such an agreement becomes the parent of a child born to a gestational carrier.

      The bill provides that a couple may jointly file a complaint for a judgment of adoption with the Superior Court of the county where they reside or where one of the parties to the action resides.  The complaint would include: proof of a valid civil union or marriage between the individuals issued prior to the birth of the child; an original birth certificate issued by the State Registrar of Vital Statistics on which both individuals are listed as parents of the child; and a written declaration signed by both individuals that describes in sufficient detail how the child was conceived, and identifies any other involved parties, so that the court may determine whether those individuals may have parental rights to the child.

      If the court determines that the parental rights of any other individuals have been relinquished, it would issue, without the need for an appearance by the parties, a judgement of adoption, resulting in both current or former partners in civil union or current or former marital spouses now being recognized as the legal parents of the child.  However, if the court determines that another individual may have parental rights to the child, the court would order a hearing on the matter, providing notice to all parties, before taking any action with respect to a judgement of adoption for the non-biologically-related spouse or partner.

      Unlike as required under the standard adoption process, a home study or background check would not be needed before the court could proceed, pursuant to the process set forth in the bill, with issuing an order for a judgement of adoption.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS concludes that the bill would result in an indeterminate decrease in administrative expenditures for the Family Division of the Superior Court due to the efficiencies implemented under the bill regarding the establishment of a process for an expedited judgement of adoption under certain circumstances.  However, without more information from the Judiciary, the OLS cannot quantify this impact.         

      Under the bill, certain spouses and partners in a civil union can obtain a judgement of adoption that reflects that both spouses or partners in the civil union are legal parents of a child without appearing before the court.  Furthermore, such couples would also not need a home study or background check before the court could proceed with the judgement.  While these requirements of a standard adoption are the financial responsibility of the couple, eliminating these steps under the bill decreases the resources and staff needed to process any applicable complaints.  As such, the Family Division may realize certain administrative cost savings due to these simplified procedures.  The OLS does not have access to the actual cost incurred by the division under the standard adoption process, or the number of couples in any given year that may be effected by this bill and, therefore, cannot quantify the fiscal impact of the bill. 


 

Section:

Human Services

Analyst:

Sarah Schmidt

Senior Research Analyst

Approved:

Frank W. Haines III

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).