In most states, when a child is adopted, his original birth certificate is filed and sealed by the court. For years, original birth certificates have not been available to the public, and an adoptee could only access it by a court order under good cause. According to the American Adoption Congress there are only 19 states throughout the U.S. that allow adult adoptees access or partial access to their original birth records.
Groundbreaking Legislation
In 2014, Governor Christie amended New Jersey’s sealed adoption legislation, enacted nearly 80 years ago to protect the privacy of birth parents. However, starting in 2017, New Jersey will join Alabama, Main, New Hampshire, Tennessee, and other states that permit adoptees to attain an original copy of their birth certificate. The bill, S873, will allow adoptees, 18 years of age or older, to request an uncertified, long-form copy of their original birth certificate from the State Registrar.
The new legislation; provides adult adopted persons and certain other individuals with the opportunity to obtain an adopted person’s original birth certificate and other related documents, with certain restrictions to protect birth parents’ privacy.
The bill also allows access to those who are, a direct descendant, sibling, or spouse of the adopted person. As well as the adoptive parent, legal guardian, or other legal representative of the adopted person. Additionally, it amends current law to eliminate language that allows a court to replace the child’s official place of birth with that of the adopting parents’ residence.
Birth parent privacy
Although, this new law is allowing adult adoptees access to their original birth records, birth parents still have the option to deny contact, and can remain anonymous. Beginning on August 1, 2015, birth certificates were automatically issued for all adoptions in the state. However, any birth parents who sealed their names prior to August 2015, has until December 31, 2016 to choose one of three options:
- Allow adoptees to contact;
- Allow adoptees to contact them through through an intermediary; or
- Have their names redacted from the records and only share medical information.
Furthermore, birth parents who choose to remain anonymous, must update family medical history every year until the birth parent turns 40, then every 5 years after that. The law also requires new birth parents to complete a medical history form prior to giving birth for the adoptees records.
In 2011, Governor Christie vetoed a similar bill, because Catholic and anti-abortion groups disagreed with such legislation. Pro-life organization, New Jersey Right to Life cited that birth mothers expected their identities would remain protected.
Adoptee’s right to know
Governor Christie whose younger sister was adopted at the age of 2, declared that the law will encourage: “our intended goals of protecting and respecting the interests of all of the people involved in the adoption process.” He continues, “while at the same time making sure that the miracle of adoption… is available to as many people in New Jersey who have an open heart and a willingness to share their home and their lives with a new member of the family.”
Proponents of the law share the governor’s enthusiasm, including members of the Coalition for Adoption Reform and Education, birth mothers who have placed their children for adoption and adoptees who believe they have the right to unveil their true identity.
Moreover, adopted adults who pushed for the bill, said adopted adults and birth parents are eager to know one another, and use social media, private investigators, etc. to search for each other. An adult adoptee explained that: “the bill provides dignity of knowing who we are, including our nationality and medical history.”
Adult adoptees can apply to the state health department for their birth certificates beginning Jan. 1, 2017 under the new law
ftp://www.njleg.state.nj.us/20142015/S1000/873_I1.HTM
https://adoption.com/birth-certificates-for-adoptees
