ASSEMBLY, No. 742
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman JONES
An Act concerning adoptees and amending and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.26:8-40.1 is amended to read as follows:
26:8-40.1. When any person born in New Jersey who has been adopted pursuant to provisions of the laws of any state or country, and which adoption has been certified to the State Registrar as required by [paragraph B of section 15 of P.L.1953, c.264 (C.9:3-31)]subsection b. of section 16 of P.L.1977, c.367 (C.9:3-52) or there is submitted a certification or a certified copy of the decree or judgment of the court in such adoption proceedings, the State Registrar shall establish, in lieu of the original birth record, a certificate of birth showing (a) the name of the adopted person as changed by the decree of adoption, if changed, (b) the date and place of birth, (c) the names of the adopting parents or parent including the maiden name of the female adopting parent if such name is given in the certification or certified copy of the decree or judgment of the court, and (d) the date of filing. In any instance where the child has been adopted by the spouse of the natural parent the name of such parent shall also be entered on the new certificate of birth. Such certificate shall be of the same general type as is used in making a birth certificate for a person who has not been adopted.
[Upon application by an adopting parent or parents of any person born in the United States and adopted pursuant to the laws of this State, the court before which the adoption proceedings have been conducted, may, for good cause shown, direct and order that the place of birth shall be the residence of the adopting parent or parents at the time of said adoption; provided, however, that the adopting parent or parents were residents of this State at the time of said adoption.]
Upon receipt of [such application,]a certification or a certified copy of the decree or judgment of a court in an adoption proceeding, the State Registrar shall make a new certificate of birth containing the information referred to in the preceding paragraph. The fee for such service shall be $6.00 which includes the issuance of a certified copy of the new certificate.
The State Registrar may file such a new certificate for any foundling, for any child born in any state or country, and for any child for whom an original birth report cannot be located, who has been adopted in New Jersey; provided that there is attached to the decree or judgment of the court in such adoption proceeding or is submitted to the State Registrar a certified copy of the original birth record or acceptable evidence of birth. In the case of a foundling, the date and place of birth [may] shall be decided [by the adopting parent or parents if not decided by the court before which the adoption proceedings were conducted] by a court of competent jurisdiction. Such certificate for any child who is not a citizen of the United States shall bear the notation "by adoption," which shall also be shown upon any copy of the certificate issued; such notation may be removed at any subsequent date upon submission of acceptable proof that the child has become a citizen of the United States.
When a new certificate of birth is made the State Registrar shall notify the local registrar of vital statistics of the place in which the birth occurred who shall enter the new certificate in his local record and place his copy of the original record under seal.
The State Registrar shall cause to be placed under seal the original certificate of birth and all papers pertaining to the new certificate of birth. Such seal shall not be broken except by order of a court of competent jurisdiction, or upon a written, notarized request by the adopted person 18 years of age or older for an uncertified copy of his original certificate of birth. Thereafter whenever a certificate of birth of such person is issued, it shall be made from the new certificate of birth except when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth, or upon a written, notarized request by the adopted person 18 years or older for an uncertified copy of his original certificate of birth, excluding any statistical data gathered solely for the use of the State.
(cf: P.L.1983, c.275, s.13)
2. (New section) a. For 12 months after the effective date of P.L...., c..... (C.....) (now pending before the Legislature as this bill), a birth parent of a person adopted prior to the date of enactment of P.L....., c.... (C.....) (now pending before the Legislature as this bill), may submit to the State Registrar a written, notarized request for confidentiality. The request shall prohibit the State Registrar from providing the name of the birth parent to the adopted person 18 years of age or older, if the adopted person submits a written, notarized request for a copy of an uncertified copy of his original certificate of birth pursuant to the provisions of R.S.26:8-40.1.
b. The State Registrar shall acknowledge, by mail, receipt of the request for confidentiality and shall enclose with the receipt a family medical history form, which the State Registrar shall ask the birth parent to complete. In addition to the medical history form, the birth parent may submit cultural and social history information. Any family medical, cultural and social history information which is submitted by the birth parent to the State Registrar shall be disclosed to the adopted person upon request pursuant to R.S.26:8-40.1.
c. At any time following the request for confidentiality, the birth parent may rescind the request and the State Registrar shall provide the name of the birth parent to the adopted person, upon request.
3. (New section) Beginning 12 months after the effective date of P.L....., c..... (C.....) (now pending before Legislature as this bill), upon receipt of a written, notarized request by an adopted person 18 years of age or older pursuant to R.S.26:8-40.1, the State Registrar shall provide the adopted person with an uncertified copy of his original certificate of birth. If the birth parent of the adopted person has submitted a request for confidentiality, the State Registrar shall delete the name of the birth parent from the copy of the certificate of birth.
4. (New section) a. An adopted person 18 years or older may submit to the State Registrar a notice of his current name or address. The State Registrar shall maintain the information as part of the original certificate of birth file of the adopted person.
b. Upon receipt of a written, notarized request from a member of an adopted person's immediate birth family, the State Registrar shall provide the family member with the adopted person's current name and address.
c. Any member of the adopted person's birth family may submit to the State Registrar a notice of his name and current address or family medical, cultural and social history information. This information shall be disclosed to the adopted person if he submits a written, notarized request for such information to the State Registrar.
5. (New section) The Commissioner of Health, in consultation with the Commissioner of Human Services, shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) which shall ensure the accuracy and safeguard the confidentiality of the information provided by the State Registrar pursuant to this act. Such regulations shall include the establishment of a nominal service fee to meet the costs of implementing the provisions of P.L....., c..... (C.....) (now pending before the Legislature as this bill).
6. (New section) As fiscal and administrative resources permit, the Department of Human Services shall implement activities, such as promoting public service messages in the media and contacting private adoption agencies in the State and human services agencies and private adoption agencies in other states, to increase public awareness of and encourage participation in the initiatives established pursuant to P.L....., c..... (C.....) (now pending before the Legislature as this bill).
7. (New section) Within two years following enactment, the Department of Health, in consultation with the Department of Human Services, shall provide to the Legislature and make available to the public, a report on the development and administration of the initiatives established pursuant P.L....., c..... (C.....) (now pending before the Legislature as this bill). The report shall include statistical, non-identifying data regarding:
a. The number of requests for confidentiality submitted by birth parents;
b. The number of uncertified copies of original birth certificates provided to adopted persons;
c. The number of adopted persons and birth family members who submitted current names and addresses and family history information; and
d. The number of adopted persons and birth family members with whom such information was shared.
The report shall also make recommendations for any needed changes in the requirements, regulations or State policy concerning the initiatives established by P.L....., c..... (C.....) (now pending before the Legislature as this bill).
8. This act shall take effect immediately.
STATEMENT
This bill amends R.S26:8-40.1 to eliminate language that allows the court, before which an adoption proceeding has taken place, to order that the residence of the adopting parents replace the place of the birth on the birth certificate of an adopted child. In the case of a foundling, the bill would require a court of competent jurisdiction to designate the date and place of birth recorded on the original birth certificate.
The provisions of the bill also amend R.S.26:8-40.1 to allow an adopted person, 18 years of age or older, to obtain an uncertified copy of his original birth certificate, if he submits a written notarized request to the State Registrar. Under present law, the original birth certificate of an adopted person is placed under seal which cannot be broken except by order of a court of competent jurisdiction.
Another provision of the bill would give birth parents a time-limited (12-months from the effective date of the bill) opportunity to request that their names not be disclosed on the uncertified birth certificate copy provided to the adopted person.
If confidentiality is requested, the State Registrar will ask the birth parents to complete a family medical history form and submit it with any cultural and social history information the birth parents may want to provide to the State Registrar. This information shall be disclosed to the adopted person upon request pursuant to R.S.26:8-40.1.
The bill also establishes a voluntary information exchange mechanism to permit adopted adults and members of their birth families to record and share their current names, addresses and medical, cultural and social history information.
The bill directs the Department of Health, in consultation with the Department of Human Services, to establish rules and regulations ensuring the accuracy and confidentiality of the information provided to adoptees and their birth family members. It also requires the departments to report to the Legislature, and to make that report available to the public, on the development and administration of the initiatives established pursuant to the bill. The report would include information concerning:
a. The number of requests for confidentiality submitted by birth parents;
b. The number of uncertified copies of original birth certificates provided to adopted persons;
c. The number of adopted persons and birth family members who submitted current names and addresses and family history information; and
d. The number of adopted persons and birth family members with whom such information was shared.
Finally, the bill requires the Department of Human Services to implement activities, such as promoting public service messages in the media and contacting private adoption agencies in the State and human services agencies and private adoption agencies in other states, to increase public awareness of and encourage participation in the initiatives established in this bill.
Allows an adopted person 18 years of age or older access to his original birth certificate and other related information.