New Jersey OPEN RECORDS BILL for adoptees ASSEMBLY, No. 2310

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All the bills regarding adoption records are being heard in the Senate Women's Issues, Children and Family Services Committee.

Committee Chair, Senator James Cafiero 3319 New Jersey Ave., 2nd Floor PO Box 789 Wildwood, NJ 08260

Vice Chair, Senator Louis Bassano 324 Chestnut St. Union, NJ 07083 Senator Diane Allen 2313 Burlington/Mount Holly Rd. Burlington, NJ 08016

Assemblyman RICHARD H. BAGGER District 22 (Middlesex, Morris, Somerset and Union)

Allows adopted person 18 years of age or older or adoptive parent of minor child access to adopted person's original birth certificate and other information.

As introduced. An Act concerning adoptees, amending R.S.26:8-40.1 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 or the adoptive parent of a minor child for an uncertified, long form copy of the adopted person's 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 of age or older or the adoptive parent of a minor child for an uncertified, long form copy of the adopted person's original certificate of birth. (cf: P.L.1983, c.275, s.13) 2. (New section) Beginning six months after the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), upon receipt of a written, notarized request by an adopted person 18 years of age or older or an adoptive parent of a minor child, pursuant to R.S.26:8-40.1, the State Registrar shall provide the requesting party with an uncertified, long form copy of the adopted person's original certificate of birth. If the birth parent or another member of the adopted person's birth family has submitted a written statement pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill), the State Registrar shall also provide this information to the requesting party. 3. (New section) a. An adopted person 18 years of age or older may submit to the State Registrar a written statement which may include the adopted person's current name, address and preference regarding contact with his birth parent or other member of his birth family. 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 birth parent or other member of the adopted person's birth family, the State Registrar shall provide the requesting party with a copy of the adopted person's statement submitted pursuant to subsection a. of this section. c. A birth parent or other member of the adopted person's birth family may submit to the State Registrar a written statement which may include the birth parent's or birth family member's name and current address, family medical, cultural and social history information and preference regarding contact with the adopted person. This statement shall be provided to the adopted person or the adoptive parent of a minor child, if the adoptive person or the adoptive parent of a minor child submits a written, notarized request for an uncertified, long form copy of the adopted person's original certificate of birth to the State Registrar pursuant to R.S.26:8-40.1 or for a copy of the statement. 4. (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. )(pending before the Legislature as this bill). 5. (New section) Within two years of the effective date of this act, the Department of Health and Senior Services, 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 to P.L. , c. (C. )(pending before the Legislature as this bill). The report shall include statistical data regarding: a. The number of uncertified, long form copies of original birth certificates provided to adopted persons and adoptive parents of minor children; b. The number of adopted persons and birth parents or other birth family members who submitted a written statement to the State Registrar pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill); and c. The number of adopted persons, adoptive parents of minor children 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. )(pending before the Legislature as this bill). 6. (New section) The Commissioner of Health and Senior Services, 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 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. ) (pending before the Legislature as this bill). 7. This act shall take effect immediately. STATEMENT This bill amends R.S.26:8-40.1 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 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 or an adoptive parent of a minor child to obtain an uncertified, long form copy of an adopted person's original birth certificate, if the adopted person or adoptive parent 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. The bill also establishes a voluntary information exchange mechanism to permit an adopted person, an adoptive parent of a minor child and a member of the adopted person's birth family to record and share current names, and addresses, family medical, cultural and social history information and preferences regarding contact. The bill directs the Department of Health and Senior Services, in consultation with the Department of Human Services, to establish rules and regulations ensuring the accuracy of the information provided to an adoptee, an adoptive parent of a minor child and birth family member. 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: The number of uncertified, long form copies of original birth certificates provided to adopted persons and adoptive parents of minor children; The number of adopted persons and birth parents or other birth family members who submitted written statements to the State Registrar; and The number of adopted persons, adoptive parents of minor children 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.