STATEMENT TO

[First Reprint]

SENATE, No. 818

with Senate Floor Amendments

(Proposed By Senator EWING)

ADOPTED: MAY 22, 1997

      This floor amendment removes the provisions of the bill that require a biological father of a child who is the subject of an adoption proceeding to execute a Certificate of Parentage, prior to or within six months of the child's birth, in order to receive notice of that adoption in accordance with section 9 of P.L. 1977, c.367 (C.9:3-45). Under the provisions of the floor amendment, in order for the father to receive notice of the adoption, he would be required to amend the child's original birth certificate filed with the local registrar in the municipality of the child's birth.

      The provisions of the floor amendment would also allow that the notice of adoption be waived by the court if a person, named as a parent on an original certificate of birth filed with the local registrar of the municipality of birth of a child who is the subject of an adoption proceeding, has not amended the original certificate of birth within six months of the child's birth.

      The amendment would also require that a man place his name on a child's original certificate of birth filed with the local registrar, in order to be presumed a child's biological father, in accordance with section 6 of P.L.1983, c.17 (C.9:17-43).

      The provisions of the floor amendment would also delete the requirement that the State IV-D agency or the personnel of a hospital or birthing facility inform parents that failure to sign a Certificate of Parentage prior to or within six months of the birth of a child constitutes a waiver of the right to notice of an adoption.

      The floor amendment would also delete all references to natural mother, natural father or natural parent and replace them with the terms biological mother or biological father.

      Finally, the provisions of the floor amendment would allow the guardian of a child to be adopted, who has not executed a surrender and any other person who has provided primary care and supervision in his home for the child for a period of six months or one half of the life of the child, to be given notice of an action of the adoption of the child, in accordance with section 9 of P.L.1977, c.367 (C.9:3-45).