[First Reprint]

ASSEMBLY, No. 1534

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 15, 1996

 

 

By Assemblymen KAVANAUGH and BATEMAN

 

 

An Act concerning adoption and amending P.L.1983, c.17, P.L.1994, c.164 and R.S.26:8-30, and amending and supplementing P.L.1977, c.367.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 9 of P.L.1977, c. 367 (C.9:3-45) is amended to read as follows:

    9. a. In an adoption proceeding pursuant to P.L.1977, c.367 (C.9:3-37 et seq.), notice of the complaint may not be waived and a notice of hearing shall be served in accordance with the Rules of Court on each parent of the child to be adopted. The notice shall inform each parent of the purpose of the action and of the parent's right to file written objections to the adoption within 20 days after notice is given in the case of a resident and 35 days in the case of a nonresident. For purposes of this section, "parent" [includes] means (1) the husband of the mother of a child born or conceived during the marriage [and] or (2) a putative or alleged natural mother or father of a child.

    b. Notice pursuant to subsection a. of this section shall not be served on a parent:

    (1) Who has executed a valid surrender to an approved agency pursuant to section 5 of P.L.1977, c.367 (C.9:3-41) or P.L.1955, c.232 (C.9:2-13 et seq.);

    (2) Whose parental rights have been terminated in a separate judicial proceeding by court order;

    (3) Who has, prior to the placement of the child for adoption, received notice of the intention to place the child, which notice shall inform the parent of the purpose of the placement, that failure to respond to the notice will prevent the person receiving the notice from objecting to any future adoption of the child, and that the parent has a right to file with the surrogate in the county in which venue is anticipated to lie, the address of which surrogate shall be included in the notice, written objections to the proposed placement within 20 days after notice is given, in the case of a resident, and 35 days in the case of a nonresident; and who has either failed to file written objections or denied paternity or maternity of the child. Failure to respond to this notice and object to the placement of the child for adoption shall constitute a waiver of all notice of any subsequent proceedings with regard to the child including proceedings for adoption or termination of parental rights;

    (4) Who has given the child for adoption to the adopting parent, and the Superior Court, Chancery Division, Family Part, after a hearing at which the surrendering parent was heard as to the voluntariness of the surrender, has determined that the surrender was voluntary and proper; [or]

    (5) Whose child has been made available for adoption in a foreign state or country if the United States Immigration and Naturalization Service has determined that the child has been approved for adoptive placement. The finding of the United States Immigration and Naturalization Service shall be presumed valid and no notice shall be served ;or

    (6) Who is presumed to be the natural father of the child who is the subject of the adoption proceeding pursuant to paragraph (2) of subsection a. of section 6 of P.L.1983, c.17 (C.9:17-43) but who, prior to or within six months of the birth of the child, has not acknowledged paternity 1[by executing a Certificate of Parentage as provided in section 7 of P.L.1994, c.164 (C.26:8-28.1)] by amending the original birth certificate record filed with the local registrar's office in the municipality of birth of the child who is the subject of the adoption proceeding in accordance with birth record amendment procedures1 or has not filed an action for paternity in court.

    c. If personal service of the notice cannot be effected because the whereabouts of a birth parent of the child to be adopted are unknown, the court shall determine that an adequate effort has been made to serve notice upon the parent if the plaintiff immediately prior to or during the placement and not more than nine months prior to the filing of a complaint has:

    (1) Sent the notice by regular mail and by certified mail return receipt requested, to the parent's last known address;

    (2) Made a discreet inquiry as to the whereabouts of the missing parent among any known relations, friends and current or former employers of the parent;

    (3) Unless otherwise restricted by law, made direct inquiries, using the party's name and last known or suspected address, to the local post office, the Division of Motor Vehicles, county welfare agency, the municipal police department, the Division of State Police, the county probation office, the Department of Corrections, and any social service and law enforcement agencies known to have had contact with the party, or the equivalents in other states, territories or countries. Failure to receive a response to the inquiries within 45 days shall be a negative response.

    d. In any case where , within six months of the birth of the child, the identity of a birth parent cannot be determined or where the known parent of a child is unable or refuses to identify the other parent, and the court is unable from other information before the court to identify the other parent, service on that parent shall be waived by the court.

    e. In conducting the hearing required by paragraph (4) of subsection b. of this section, the court shall determine that the surrender is voluntary and that the birth parent knows (1) that the hearing is to surrender birth rights; (2) that the hearing is to permanently end the relationship and all contact between parent and child; (3) that such action is a relinquishment and termination of parental rights and consent on the part of the birth parent to the adoption; and (4) that no further notice of the adoption proceedings shall be provided to the birth parent if the surrender is accepted by the court.

    f. If a person has been named as a parent 1[on a Certificate of Parentage but that named person has not executed the Certificate of Parentage within six months of the birth of the child, as provided in section 7 of P.L.1994, c.164 (C.26:8-28.1),] on the original certificate of birth filed with the local registrar of the municipality of birth of the child who is the subject of the adoption proceeding, but that named person has not amended the original certificate of birth of the child filed with the local registrar's office within six months of the birth of the child,1 service on that person shall be waived by the court.

(cf: P.L.1993, c.345, s.8)

 

    2. Section 10 of P.L.1977, c.367 (C.9:3-46) is amended to read as follows:

    10. a. A person who is entitled to notice pursuant to section 9 of P.L.1977, c.367 (C.9:3-45) shall have the right to object to the adoption of his child within 20 days after the filing of the complaint for adoption for a State resident and 35 days after the filing in the case of a nonresident. Failure to object within that time period constitutes a waiver of the right to object.

    In a contest between a person who is entitled to notice pursuant to section 9 of P.L.1977, c.367 (C.9:3-45) objecting to the adoption and the prospective adoptive parent, the standard shall be the best interest of the child. The best interest of a child requires that a parent affirmatively assume the duties encompassed by the role of being a parent. In determining whether a parent has affirmatively assumed the duties of a parent, the court shall consider, but is not limited to consideration of, the fulfillment of financial obligations for the birth and care of the child, demonstration of continued interest in the child, demonstration of a genuine effort to maintain communication with the child, and demonstration of the establishment and maintenance of a place of importance in the child's life.

    A judgment of adoption shall [not] be entered over an objection of a parent communicated to the court by personal appearance or by letter [unless] if the court finds, during the six month period prior to the placement of the child for adoption :

    (1) that the parent has substantially failed to perform the regular and expected parental functions of care and support of the child, although able to do so, or

    (2) that the parent is unable to perform the regular and expected parental functions of care and support of the child and that the parent's inability to perform those functions is unlikely to change in the immediate future.

    The regular and expected functions of care and support of a child shall include the following:

    (a) the maintenance of a relationship with the child such that the child perceives the person as his parent;

    (b) communicating with the child or person having legal custody of the child and visiting the child [unless visitation is impossible because of the parent's confinement in an institution], or unless prevented from so doing by the custodial parent or other custodian of the child or a social service agency over the birth parent's objection; or

    (c) providing financial support for the child unless prevented from doing so by the custodial parent or other custodian of the child or a social service agency.

    A parent shall be presumed to have failed to perform the regular and expected parental functions of care and support of the child if the court finds that the situation set forth in paragraph (1) or (2) has occurred [for six or more months] during the six month period prior to the placement of the child for adoption.

    In the case where the objecting parent is incarcerated during the six month period prior to placement of the child for adoption, relevant factors to be considered in determining whether that incarcerated parent has failed to perform the regular and expected parental functions or is unable to perform the regular and expected parental functions pursuant to this subsection, shall include the extent of the relationship which existed between the parent and child prior to incarceration, including financial support; the efforts made to continue a relationship during the incarceration; the ability to communicate and visit with the child during incarceration; and the effect of the communication and visitation on the child's development in terms of providing nurturing and emotional support.

    b. The guardian of a child to be adopted who has not executed a surrender pursuant to section 5 of P.L.1977, c.367 (C.9:3-41) and any other person who has provided care and supervision in his home for the child for a period of six months or one half of the life of the child, whichever is less, in the two years prior to the complaint shall be given notice of the action and in accordance with the Rules of Court shall have standing to object to the adoption, which objection shall be given due consideration by the court in determining whether the best interests of the child would be promoted by the adoption.

(cf: P.L.1993, c.345, s.9)

 

    3. Section 11 of P.L.1977, c.367 (C.9:3-47) is amended to read as follows:

    11. a. When the child to be adopted has been received from an approved agency, the prospective parent shall file with the court a complaint for adoption after the child has been in the home of the prospective parent for at least six months. In the discretion of the approved agency, a complaint may be filed prior to that time and the court may schedule a hearing to resolve all matters except finalization of the adoption. The adoption shall not be finalized under this section unless the child has been in the home of the adoptive parent for at least six months. The complaint shall be accompanied by a consent to the plaintiff's adoption of the child signed and acknowledged by an authorized officer or representative of the approved agency; except that failure or refusal on the part of the approved agency to give consent, or withdrawal of consent on the part of the approved agency, shall not preclude an action for adoption.

    b. Upon the filing of the complaint, the court shall set a date for the adoption hearing not less than 10 nor more than 30 days from the date of institution of the action unless a longer period shall be required in order to obtain service of notice upon one or more of the people entitled thereto and shall order the approved agency concerned to file at least five days prior to the hearing a written report which shall describe the circumstances surrounding the surrender of the child and shall set forth the results of the agency's evaluation of the child, the plaintiff and any other person residing in the proposed adoptive home; and the agency's assessment of the care being received by the child and the adjustment of the child and the plaintiff as members of a family.

    If the agency's report contains any material findings or recommendations adverse to the plaintiff the agency shall serve a copy of that part of its report upon the plaintiff at least five days prior to the hearing and the court shall appoint a guardian ad litem for the child in the adoption proceeding if the court determines that a guardian is necessary to represent the best interest of the child. If the approved agency that placed the child with the plaintiff has not consented to the adoption, the court may appoint another approved agency to conduct an investigation and make recommendations in the matter. The appointment shall not deprive the placing agency of standing to appear at the hearing and contest the adoption. Personal appearance at the hearing by a representative of the approved agency conducting the investigation may be dispensed with by the court if the agency's report favors the adoption. If an appearance is required, the approved agency shall be entitled to present testimony and to cross-examine witnesses and shall be subject to cross-examination with respect to its report and recommendations in the matter. The appearance of the child to be adopted shall not be required unless ordered by the court or unless the inquiry pursuant to section 13 of P.L.1977, c.367 (C.9:3-49) indicates that the child is opposed to the adoption.

    c. The adoption hearing shall be held in camera. If a parent of the child has made an objection to the adoption, in accordance with section 10 of P.L.1977, c.367 (C.9:3-46), the court shall take evidence relating to the objection. If the court finds against the objecting parent in accordance with subsection a. of section 10 of P.L.1977, c.367 (C.9:3-46), it shall make an order terminating the parental rights of the parent and proceed with the hearing.

    d. If, based upon the approved agency's report and the evidence presented at the hearing, the court is satisfied that the best interests of the child would be promoted by the adoption, the court shall enter a judgment of adoption. If, based upon the approved agency's report and the evidence presented at the hearing, the court is not satisfied that the best interests of the child would be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

    e. In a case where an affidavit pursuant to section 8 of P.L. , c. (C. )(pending before the Legislature as this bill) is necessary, a court shall not enter a judgment of adoption unless the approved agency has submitted the affidavit to the court.

(cf: P.L.1993, c.345, s.10)

 

    4. Section 12 of P.L.1977, c.367 (C.9:3-48) is amended to read as follows:

    12. a. When the child to be adopted has not been received from an approved agency, the prospective parent shall file with the court a complaint for adoption. Upon receipt of the complaint, the court shall by its order:

    (1) Declare the child to be a ward of the court and declare that the plaintiff shall have custody of the child subject to further order of the court;

    (2) Appoint an approved agency to make an investigation and submit a written report to the court which shall include:

    (a) the facts and circumstances surrounding the surrender of custody by the child's parents and the placement of the child in the home of the plaintiff, including the identity of any intermediary who participated in the placement of the child;

    (b) an evaluation of the child and of the plaintiff and the spouse of the plaintiff if not the child's parent and any other person residing in the prospective home; and

    (c) any fees, expenses or costs paid by or on behalf of the adopting parent in connection with the adoption.

    The agency conducting the investigation shall, if it is able to, contact the birth parent and confirm that counseling, if required by section 18 of P.L.1993, c.345 (C.9:3-39.1), has either been provided or waived by the birth parent. If not previously provided, the agency shall advise the parent of the availability of such counseling through the agency and shall provide such counseling if requested by the birth parent or if the birth parent resides out of State or out of the country, such counseling should be made available by or through an agency approved to provide such counseling in the birth parent's state or country of domicile. The agency shall further confirm that the birth parent has been advised that the decision of the birth parent not to place the child for adoption or the return of the child to the birth parent can not be conditioned upon the repayment of expenses by the birth parent to the adoptive parent.

    All expenses and fees for the investigation and any counseling provided shall be the responsibility of the plaintiff;

    (3) Direct the plaintiff to cooperate with the approved agency making the investigation and report; and

    (4) Fix a day for preliminary hearing not less than two or more than three months from the date of the filing of the complaint; except that the hearing may be accelerated upon the application of the approved agency and upon notice to the plaintiff if the agency determines that removal of the child from the plaintiff's home is required, in which case the court shall appoint a guardian ad litem to represent the child at all future proceedings regarding the adoption.

    Whenever the plaintiff is a stepparent of the child, the court, in its discretion, may dispense with the agency investigation and report and take direct evidence at the preliminary hearing of the facts and circumstances surrounding the filing of the complaint for adoption.

    Whenever a plaintiff is a brother, sister, grandparent, aunt, uncle, or birth father of the child, the order may limit the investigation to an inquiry concerning the status of the parents of the child and an evaluation of the plaintiff. At least 10 days prior to the day fixed for the preliminary hearing the approved agency shall file its report with the court and serve a copy on the plaintiff.

    b. The preliminary hearing shall be in camera and shall have for its purpose the determination of the circumstances under which the child was relinquished by his parents and received into the home of the plaintiff, the status of the parental rights of the parents, the fitness of the child for adoption and the fitness of the plaintiff to adopt the child and to provide a suitable home. If the report of the approved agency pursuant to subsection a. of this section contains material findings or recommendations adverse to the plaintiff, the presence of a representative of the approved agency who has personal knowledge of the investigation shall be required at the preliminary hearing. If in the course of the preliminary hearing the court determines that there is lack of jurisdiction, lack of qualification on the part of the plaintiff or that the best interests of the child would not be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

    c. If upon completion of the preliminary hearing the court finds that:

    (1) The parents of the child do not have rights as to custody of the child by reason of their rights previously having been terminated by court order; or, [as provided in] the parents' objection has been contravened pursuant to subsection a. of section 10 of P.L.1977, c.367 (C.9:3-46) [their failure to make timely objection to the adoption, or their substantial failure to perform the regular and expected parental functions of care and support of the child, although able to do so, or their inability to perform these functions which is unlikely to change in the immediate future];

    (2) The guardian, if any, should have no further control or authority over the child;

    (3) The child is fit for adoption; [and]

    (4) The plaintiff is fit to adopt the child ; and

    (5) If an affidavit pursuant to section 8 of P.L. , c. (C. )(pending before the Legislature as this bill) is necessary, the affidavit has been filed with the court, the court shall: (a) issue an order stating its findings, declaring that no parent or guardian of the child has a right to custody or guardianship of the child; (b) terminate the parental rights of that person, which order shall be a final order; (c) fix a date for final hearing not less than six nor more than nine months from the date of the preliminary hearing; and (d) appoint an approved agency to supervise and evaluate the continuing placement in accordance with subsection d. of this section. If the plaintiff is a brother, sister, grandparent, aunt, uncle, birth father, stepparent or foster parent of the child, or if the child has been in the home of the plaintiff for at least two years immediately preceding the commencement of the adoption action, and if the court is satisfied that the best interests of the child would be promoted by the adoption, the court may dispense with this evaluation and final hearing and enter a judgment of adoption immediately upon completion of the preliminary hearing.

    d. The approved agency appointed pursuant to subsection c. of this section shall from time to time visit the home of the plaintiff and make such further inquiry as may be necessary to observe and evaluate the care being received by the child and the adjustment of the child and the plaintiff as members of a family. At least 15 days prior to the final hearing the approved agency shall file with the court a written report of its findings, including a recommendation concerning the adoption, and shall mail a copy of the report to the plaintiff.

    If at any time following the preliminary hearing the approved agency concludes that the best interests of the child would not be promoted by the adoption, the court shall appoint a guardian ad litem for the child and after a hearing held upon the application of the approved agency and upon notice to the plaintiff, may modify or revoke any order entered in the action and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

    e. At the final hearing the court shall proceed in camera; except that if the approved agency in its report pursuant to subsection d. of this section has recommended that the adoption be granted, the final hearing may be dispensed with and, if the court is satisfied that the best interests of the child would be promoted by the adoption, a judgment of adoption may be entered immediately.

    The appearance of the approved agency at the final hearing shall not be required unless its recommendations are adverse to the plaintiff or unless ordered by the court. If its appearance is required, the approved agency shall be entitled to present testimony and to cross-examine witnesses and shall be subject to cross-examination with respect to its report and recommendations in the matter.

    f. If, based upon the report and the evidence presented, the court is satisfied that the best interests of the child would be promoted by the adoption, the court shall enter a judgment of adoption. If, based upon the evidence, the court is not satisfied that the best interests of the child would be promoted by the adoption, the court shall deny the adoption and make such further order concerning the custody and guardianship of the child as may be deemed proper in the circumstances.

(cf: P.L.1993, c.345, s.11)

 

    5. Section 6 of P.L.1983, c.17 (C.9:17-43) is amended to read as follows:

    6. a. A man is presumed to be the natural father of a child if:

    (1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment or divorce;

    (2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

    (a) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment or divorce; or

    (b) if the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation;

    (3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

    (a) he has acknowledged his paternity of the child in [writing filed with the local registrar of vital statistics] 1[a Certificate of Parentage pursuant to section 7 of P.L.1994, c.164 (C.26:8-28.1);] in writing filed with the local registrar of vital statistics;1

    (b) he has sought to have his name placed on the child's birth certificate as the child's father, pursuant to R.S.26:8-40; or

    (c) he openly holds out the child as his natural child; or

    (d) he is obligated to support the child under a written voluntary agreement or court order;

    (4) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child;

    (5) While the child is under the age of majority, he provides support for the child and openly holds out the child as his natural child; or

    (6) He acknowledges his paternity of the child in a [writing filed with the local registrar of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the local registrar] 1[ Certificate of Parentage as provided by section 7 of P.L.1994, c.164 (C.26:8-28.1)] writing filed with the local registrar of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the local registrar1. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father [or after the presumption has been rebutted]. Each attempted acknowledgment, whether or not effective, shall be kept on file by the [local registrar of vital statistics] 1[State IV-D Agency or its designee] local registrar of vital statistics1 and shall entitle the person who filed it to notice of all proceedings concerning parentage and adoption of the child, as provided in section 10 of [this act] P.L.1983, c.17 (C.9:17-47) and pursuant to section 9 of P.L.1977, c.367 (C. 9:3-45).

    b. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court order terminating the presumed father's paternal rights or by establishing that another man is the child's natural or adoptive father.

    c. Notwithstanding the provisions of this section to the contrary, in an action brought under this act against the legal representative or the estate of a deceased alleged father, the criteria in paragraphs (4) and (5) of subsection a. of this section shall not constitute presumptions but shall be considered by the court together with all of the evidence submitted. The decision of the court shall be based on a preponderance of the evidence.

    d. In the absence of a presumption, the court shall decide whether the parent and child relationship exists, based upon a preponderance of the evidence.

(cf: P.L.1983, c.17, s.6)

 

    1[6. Section 7 of P.L.1994, c.164 (C.26:8-28.1) is amended to read as follows:

    7. A Certificate of Parentage may serve to satisfy the method of collection of Social Security numbers as required pursuant to subsection c. of R.S.26:8-28 and shall serve as the voluntary acknowledgement of paternity by a father. The Certificate of Parentage shall contain, at a minimum, the following information:

    a. a sworn statement by the father that he is the natural father of the child;

    b. the Social Security numbers and addresses of the father and mother;

    c. the signature of the mother and father authenticated by a witness or notary; and

    d. instructions for filing the Certificate of Parentage with the agency designated by the State IV-D agency

    If a person has been named as a parent on a Certificate of Parentage but that named parent does not execute the Certificate of Parentage, the State IV-D agency or its designee shall attempt to locate that person and shall provide him with the opportunity to execute the Certificate of Parentage within six months of the birth of the child. Failure to execute the Certificate of Parentage and the date of the request shall be noted on the Certificate of Parentage. If the whereabouts of that person are unknown and the child is the subject of an adoption proceeding, the State IV-D agency shall contact the approved agency, intermediary or other person who is placing the child for adoption who shall attempt to locate that person pursuant to subsection c. of section 9 of P.L.1977, c.367 (C.9:3-45).

    In addition, the State IV-D agency, in cooperation with birthing centers and hospitals providing maternity services, shall provide written information to the father and mother of the child explaining the implications of signing a Certificate of Parentage, including the parental rights, responsibilities and financial obligations, as well as the availability of paternity establishment services and child support enforcement services. The information also shall state that failure to sign a Certificate of Parentage prior to or within six months of the birth of the child constitutes a waiver of the right to notice of an adoption pursuant to section 9 of P.L.1977, c.367 (C.9:3-45).

(cf: P.L.1994, c.164, s.7)]1

 

    1[7.] 6.1 R.S.26:8-30 is amended to read as follows:

    26:8-30. The attending physician, midwife or person acting as the agent of the physician or midwife, who was in attendance upon the birth shall be responsible for the proper execution and return of a certificate of birth, which certificate shall be upon the form provided or approved by the State department, and for making available to the mother and natural father a Certificate of Parentage along with related information as required by the State IV-D agency. It shall be the responsibility of personnel at the hospital or birthing facility to offer an opportunity to the child's natural father to execute a Certificate of Parentage 1[and to orally inform a parent that failure to execute the Certificate of Parentage constitutes a waiver of notice of adoption pursuant to section 9 of P.L.1977, c.367 (C.9:3-45)]1. Failure of the natural father or mother to execute the Certificate of Parentage and the date of the request shall be noted on the Certificate of Parentage. The Certificate of Parentage shall be filed with the State IV-D agency or its designee. [The provision of services related to paternity acknowledgment] Establishment and enforcement of child support matters shall not be required when a legal action is pending in the case, such as adoption, or State law prohibits such intervention.

    For the purposes of this section, "State IV-D agency" means the agency in the Department of Human Services designated to administer the Title IV-D Child Support Program.

(cf: P.L.1994, c.164, s.4)

 

    1[8. (New section) a. In a case in which a person is presumed to be the natural father who must execute a Certificate of Parentage, as provided in paragraph (6) of subsection b. of section 9 of P.L.1977, c.367 (C.9:3-45) or is named as the parent in subsection f. of section 9 of P.L.1977, c.367 (C.9:3-45), or the identity of a parent cannot be determined or the known parent of a child is unable or refuses to identify the other parent as provided in subsection d. of section 9 of P.L.1977, c.367 (C.9:3-45), the approved agency, intermediary or other person who is placing a child for adoption shall make a written request to the State IV-D agency or its designee to search parentage records to determine if a Certificate of Parentage was completed prior to or within six months of the birth of the child. If appropriate, the approved agency, intermediary or other person who is placing a child for adoption may make a written request for a search of parentage records prior to the six month period following the birth of the child.

    b. Within 20 days of receiving the written request, the State IV-D agency or its designee shall submit an affidavit to the requestor advising whether or not a Certificate of Parentage was completed, and if so, whether both parents executed the Certificate of Parentage. If a person was named but did not execute the Certificate of Parentage, the affidavit shall advise whether the State IV-D agency or its designee was able to locate the person in accordance with the provisions of section 7 of P.L.1994, c.164 (C.26:8-28.1), and if so, the date of the request to execute the Certificate of Parentage.

    c. The affidavit shall include the date that the request for a search of paternity records was made.]1

 

    1[9.] 7.1 (New Section) The Department of Human Services, in consultation with the Department of Health 1and Senior Services1 , pursuant to the "1[Adminstrative] Administrative1 Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the provisions of 1[section 8 of P.L. c. (C.   ) (pending before the Legislature as this bill)] this act1 and to publicize throughout the State the necessity for a father, prior to or within six months of the birth of a child, to acknowledge paternity by 1[executing a Certificate of Parentage as provided in section 7 of P.L.1994, c.164 (C.26:8-28.1)] by amending the original birth certificate record with the local registrar's office in the municipality of birth of the child who is the subject of the adoption1 or by filing a paternity action in court in order to be entitled to notice of an adoption pursuant to section 9 of P.L.1977, c.367 (C.9:3-45).

 

    1[10.] 8.1 This act shall take effect 120 days after enactment.

 

 

 

Requires certain unmarried parents to execute Certificate of Parentage prior to or within six months of child's birth to be entitled to notice of adoption.