Bill Text: NJ S2814 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits adoptees and certain others to obtain adoptee's original birth certificate and other related information.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2013-06-20 - Received in the Assembly, Referred to Assembly Women and Children Committee [S2814 Detail]
Download: New_Jersey-2012-S2814-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Permits adoptees and certain others to obtain adoptee's original certificate and other related information.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning adoptees, amending P.L.1977, c.367 and R.S.26:8-40.1, and supplementing Titles 9 and 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1977, c.367 (C.9:3-51) is amended to read as follows:
15. The clerk of the Superior Court, Chancery Division, Family Part shall promptly file all judgments of adoption and shall maintain an alphabetical index of all judgments of adoption entered each year pursuant to P.L.1977, c.367 (C.9:3-37 et seq.), all of which records shall be sealed and thereafter shall be made accessible only by court order or as otherwise provided by law.
(cf: P.L.1993, c.345, s.14)
2. Section 16 of P.L.1977, c.367 (C.9:3-52) is amended to read as follows:
16. a. All court records of proceedings relating to adoption, including the complaint, judgment, and all petitions, affidavits, testimony, reports, briefs, orders, and other relevant documents, shall be filed under seal by the clerk of the court and shall at no time be open to public inspection or copying unless the court, upon good cause shown, shall otherwise order or as otherwise provided by law. An index to all adoption proceedings shall be maintained by the clerk of the court, but no index of adoption proceedings shall be open to inspection or copying or be made public except upon order of the court.
b. Upon entry of a judgment of adoption, the clerk of the court shall certify to the State Registrar, any successor agency or any similar agency in the State or country of the child's birth, the date of entry of the judgment, the names of the adopting parent or parents, the name of the child, the date and place of birth of the child, and the new name of the child if changed by the judgment of adoption.
(cf: P.L.1993, c.345, s.15)
3. R.S.26:8-40.1 is amended to read as follows:
26:8-40.1. a. 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] the adoption
proceedings, the State Registrar shall establish, in lieu of the original birth
record, a certificate of birth showing [(a)] : (1) the name of
the adopted person as changed by the decree of adoption, if changed [, (b)] ; (2) the date
and place of birth [,
(c)] ; (3)
the names of the adopting parents or parent, including the maiden name
of the female adopting parent if [such] that name is
given in the certification or certified copy of the decree or judgment of the
court[,]; and [(d)] (4) the date of
filing. In any instance where the child has been adopted by the spouse of the
natural parent, the name of [such] the parent shall
also be entered on the new certificate of birth. [Such]
The certificate of birth 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 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] this service shall be [$6.00 which includes the issuance of a certified copy of the new certificate] established by the Commissioner of Health, by regulation.
b. The State Registrar may file [such a] the new certificate:
[a.] (1) for any foundling, for any child born in any state, 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] a court of competent jurisdiction; and
[b.] (2) for any child born in a foreign country who was not a citizen of the United States at the time of the child's birth, whose adopting parent is a resident of this State, and who is adopted: [(1)] (a) through a court of competent jurisdiction in this State; or [(2)] (b) under the laws of a jurisdiction or country other than the United States and has been granted an IR-3 immigrant visa, or a successor immigrant visa, by the United States Citizenship and Immigration Services. The new certificate shall be filed upon receipt of: a request for the certificate from the court, the adopting parent, or the adopted person if that person is 18 years of age or older; proof that the adopting parent is a resident of this State; an official copy of the judgment from the jurisdiction or country in which the child was adopted; a certified translation of the foreign adoption; proof of the date and place of the child's birth; and proof of IR-3 immigrant visa status, or a successor immigrant visa status.
When applicable, the State Registrar may file a new certificate for any child who is not a citizen of the United States and who is adopted by a resident of this State, which certificate shall bear the notation ["by adoption,"] "certificate of foreign birth," which shall also be shown upon any copy of the certificate issued; [such] the 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, if applicable, who shall enter the new certificate in [his] the local registrar's local record and [place his] forward the copy of the original record [under seal] to the State Registrar for disposition.
c. 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]:
(1) by order of a court competent jurisdiction; or
(2) upon a request for an uncertified, long-form copy of the adopted person's original certificate of birth by a person 18 years of age or older who can establish himself as one of the following:
(a) the adopted person;
(b) a direct descendant, sibling, or spouse of the adopted person;
(c) an adoptive parent, legal guardian, or other legal representative of the adopted person; or
(d) an agency of the State or federal government for official purposes.
The State Registrar shall authenticate the identity of the requestor and the requestor's relationship with the subject adopted person.
d. Thereafter,
whenever a certification or certified copy of a certificate of birth of [such] the adopted
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] an
uncertified, long-form copy of the original certificate of birth, or
upon a request for an uncertified, long-form copy of the adopted person's original
certificate of birth by an authorized requestor, as provided in subsection c.
of this section, excluding any statistical
data gathered solely for the use of the State.
(cf: P.L.2005, c.81, s.3)
4. (New section) a. Upon receipt of a request pursuant to subsection c. of R.S.26:8-40.1, the State Registrar shall provide the authorized requester with an uncertified, long-form copy of the adopted person's original certificate of birth. The State Registrar shall include with the copy of the certificate of birth a statement recommending that the requester contact the approved agency or intermediary who facilitated the adoption prior to seeking contact with the adopted person's birth parent, and such other information as is specified in sections 5 and 7 of P.L. , c. (c. ) (pending before the Legislature as this bill).
b. The fee for the uncertified, original long-form certificate of birth preceding an adoption shall be established, by regulation, by the Commissioner of Health.
5. (New section) a. A birth parent of an adopted person may submit a document of contact preference to the State Registrar indicating the birth parent's preference regarding contact with the adopted person. The birth parent may change his preference at any time by submitting a revised document of contact preference to the State Registrar.
b. The State Registrar shall require a birth parent who submits a document of contact preference pursuant to this section to simultaneously submit a completed form providing updated family history information, which shall include medical, cultural, and social history information regarding the birth parent.
c. The form of the contact preference document and the form of the family history information document shall be established by the State Registrar, who shall provide a copy of each document to a birth parent, upon request. The State Registrar shall also make the documents available for downloading from the Department of Health website.
d. The document of contact preference shall provide the birth parent with the following options, from which the parent may select one:
(1) "I would like to be contacted directly. I have completed a document of contact preference and an updated family history information document and am submitting them to the State Registrar as set forth in this document";
(2) "I would prefer to be contacted only through an intermediary. I have completed a document of contact preference and an updated family history information document and am submitting them to the State Registrar as set forth in this document. I would like the following named individual to act as an intermediary __________"; or
(3) "I would prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit a revised document of contact preference to the State Registrar. I have completed a document of contact preference and an updated family history information document and am submitting them to the State Registrar as set forth in this document."
e. The State Registrar shall request a birth parent who indicates a preference for no contact by the adopted person to update the family history information every 10 years until the birth parent reaches the age of 40, and every five years thereafter.
f. The State Registrar shall maintain a file of documents of contact preference and family history information submitted by birth parents. Upon request for an original certificate of birth pursuant to subsection c. of R.S.26:8-40.1, the State Registrar shall determine whether there is on file a document of contact preference and a family history information document regarding the adopted person, and if those documents exist, shall place and retain them in the adopted person's original certificate of birth file.
g. Upon a request for an uncertified, long-form copy of an adopted person's original certificate of birth pursuant to subsection c. of R.S.26:8-40.1, the State Registrar shall also provide the authorized requester with a copy of the birth parent's document of contact preference and the updated family history information document if those documents have been submitted to the State Registrar pursuant to this section.
h. The State Registrar shall provide to an authorized requester, upon request, any information subsequently added to an adopted person's certificate of birth file. The State Registrar may establish a system to inform authorized requesters in the event that new information is added to an adopted person's certificate of birth file.
6. (New section) a. An adopted person 18 years of age or older may request the approved agency or the intermediary that facilitated or placed the child for adoption or conducted an investigation pursuant to section 12 of P.L.1977, c.367 (C.9:3-48) to provide any available medical or other family history information concerning the adopted person that is contained in that person's adoption file, by submission of a written, notarized request to the agency or intermediary.
As used in this section, "medical or other family history information" includes medical, cultural, and social history information provided by the adopted person's birth parent and maintained by an approved agency or intermediary who facilitated an adoption.
b. Upon receipt of a request pursuant to subsection a. of this section, the approved agency or intermediary shall provide the adopted person with a detailed summary of any available medical or other family history information concerning the adopted person contained in the person's adoption file, including the names and last known address of both birth parents.
c. If an adopted person is unable to obtain information under subsection a. of this section because the agency or intermediary is unknown, the adopted person may petition the court that granted the adoption to consult its file and, if possible, identify the agency or intermediary.
d. In the event that the adopted person was under the custody of the Division of Child Protection and Permanency in the Department of Children and Families at the time of the person's adoption, the person may request from the director of the division a statement, based on the division's case file, that summarizes the circumstances under which parental rights for the child were terminated.
7. (New section) a. The State Registrar, through the Department of Health, shall prepare information regarding counseling resources and the use of an intermediary for the purpose of enabling an adopted person to make contact with a birth parent. The information shall also include the procedure for contacting the Director of the Division of Child Protection and Permanency as provided in subsection d. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The State Registrar shall provide the information prepared pursuant to subsection a. of this section to a person who requests an uncertified, long-form copy of a birth certificate pursuant to subsection c. of R.S.26:8-40.1 or a document of contact preference.
c. The State Registrar shall make the information prepared pursuant to subsection a. of this section available on the website of the Department of Health.
8. (New section) Within two years after the date of enactment of P.L , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Health, in consultation with the Commissioner of Children and Families, shall provide to the Legislature in accordance with section 2 of P.L.1991, c.164 (C.52:14-19.1), and make available to the public, a report on the development and administration of the initiatives established pursuant to sections 4 through 7 of P.L , c. (C. ) (pending before the Legislature as this bill). The report shall include, but not be limited to, statistical, non-identifying data regarding:
a. the number of uncertified, long-form copies of original birth certificates of birth that were provided to adopted persons, direct descendants, siblings, spouses, adoptive parents, legal guardians, and other legal representatives, respectively, of adopted persons;
b. the number of requests submitted by birth parents through the document of contact preference, for direct contact, contact by an intermediary, and no contact, respectively; and
c. the number of family history information documents submitted by birth parents.
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. ).
9. (New section) The Department of Health shall contract with media outlets throughout the country to produce and distribute national public service messages 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). The public service messages shall inform the public of the procedures for:
a. obtaining a long-form copy of an adopted person's certificate of birth;
b. submitting a document of contact preference; and
c. submitting family history information.
The department shall also ensure that this information is available on the department website and the website of the State of New Jersey.
10. (New section) The Commissioner of Health, in consultation with the Commissioner of Children and Families, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which shall:
a. establish required information and procedures for the document of contact preference;
b. establish required information and procedures for submitting and updating the family history information document; and
c. establish a nominal fee for services provided under P.L. , c. (C. ) (pending before the Legislature as this bill), to meet the costs of implementing P.L. , c. (C. ).
11. (New section) Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Health shall adopt, immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which regulations shall be effective for a period not to exceed 12 months and shall, thereafter, be amended, adopted, or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
12. This act shall take effect immediately; except that sections 3, 4, and 5 shall take effect on the first day of the seventh month next following the date of enactment. The Commissioner of Health may take such administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill 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.
Specifically, the bill amends current law to allow the following persons, 18 years of age or older, access to an uncertified, long-form copy of an adopted person's original birth certificate, upon request to the State Registrar: 1) the adopted person; 2) a direct descendant, sibling, or spouse of the adopted person; 3) the adoptive parent, legal guardian, or other legal representative of the adopted person; or 4) a State or federal agency. Under current law, the only way to obtain an adopted person's original birth certificate is by court order.
The bill also amends current law to eliminate language that allows a court to replace the child's place of birth on the birth certificate with that of the adopting parents' residence. In the case of a foundling, the bill requires the court to designate the date and place of birth. In addition, the bill updates references to birth certificates involving foreign adoptions, and directs local registrars of vital statistics to forward the original certificate of birth to the State Registrar when a new one is made.
The bill provides an opportunity for the birth parent of an adopted person to indicate a preference concerning contact with the adopted person, by filing with the State Registrar a document indicating whether the parent prefers direct contact with the adopted person, contact through the use of an intermediary, or no contact. The birth parent may change this preference at any time by submitting a revised document of contact preference to the State Registrar.
Further, the bill provides that when a birth parent submits a document of contact preference to the State Registrar, the birth parent is required to also submit family history information. The birth parent whose preference is no contact will be encouraged to update the family history information every 10 years until the birth parent reaches the age of 40, and every five years thereafter. In order to ensure that an adopted person gains access to this family history information, the State Registrar, upon receiving a request for an uncertified, long-form copy of the original birth certificate, will provide the requester with information regarding the birth parent's preference for contact, as well as any family history information document that has been submitted to the State Registrar by the birth parent, including any updated information submitted; the bill authorizes the State Registrar to establish a system to inform authorized requesters in the event that new information is added to an adopted person's certificate of birth file.
An adopted person 18 years of age or older, upon submission of a written, notarized request to the adoption agency or intermediary who facilitated the adoption, may obtain any available medical or family history information concerning the adopted person contained in that person's adoption file. If the requester is unable to obtain this information because the agency or intermediary is unknown, the requester may petition the court that granted the adoption to identify the agency or intermediary, if possible. The bill also authorizes an adopted person who was under the custody of the Division of Child Protection and Permanency (DCPP) at the time of the person's adoption, to request from the director of DCPP a statement, based on DCPP's case file, which summarizes the circumstances under which parental rights for the child were terminated.
The bill directs the State Registrar, through DOH, to prepare information regarding counseling resources and the use of an intermediary for the purpose of enabling an adopted person to make contact with a birth parent as well as make it available on the DOH website. The registrar is also required to provide this information to any person requesting the original long-form birth certificate or a copy of the document of contact preference.
The bill requires the Commissioner of Health, in consultation with the Commissioner of Children and Families, to provide to the Legislature, and make available to the public, a report on the development and administration of these initiatives. The report is to include statistical, nonidentifying data regarding:
-- the number of uncertified, long-form copies of original birth certificates provided;
-- the number of requests submitted by birth parents, through the document of contact preference, for direct contact, contact by an intermediary, and no contact; and
-- the number of family history information documents submitted by birth parents.
The Commissioner of Health, in consultation with the Commissioner of Children and Families, is authorized to adopt rules and regulations establishing:
-- the required information and procedures for the document of contact preference;
-- the required information and procedures for submitting and updating the family history information document; and
-- a nominal fee for services provided under this bill, to meet the costs of implementation.
To expedite the adoption of regulations, the Commissioner of Health is authorized to adopt emergency regulations immediately upon filing the regulations with the Office of Administrative Law.
DOH is to contract with media outlets throughout the country to produce and distribute national public service messages to increase public awareness of, and encourage participation in, the initiatives established under this bill and to inform the public of the procedures for obtaining a long-form copy of an adopted person's birth certificate, submitting a document of contact preference, and submitting family history information. In addition, DOH is to ensure that this information is posted on its website and on the State's website.
