Bill Text: NJ S3161 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires certain proof be provided by civil union partners or spouses of natural or legal parents of children when filing joint complaints for judgments of adoption.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-11-05 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3161 Detail]
Download: New_Jersey-2020-S3161-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Requires certain proof be provided by civil union partners or spouses of natural or legal parents of children when filing joint complaints for judgments of adoption.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the filing of certain complaints for judgments of adoption and amending P.L.2019, c.323.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2019, c.323 (C.9:17-71) is amended to read as follows:
3. a. A natural parent or person treated in State law as a legal parent of the child, and the current or former partner in civil union or the current or former spouse of the natural parent or person treated in State law as a legal parent may jointly file a complaint for a [judgement] judgment of adoption with the Superior Court, Chancery Division, Family Part of the county of residence of the spouse, civil union partners, or one of the parties to the action, or, if the child is less than three months of age, of the county in which the child was born.
b. Attached to the complaint shall be:
(1) proof of a valid civil union or marriage between the natural or legal parent and that person's partner in civil union or spouse[, issued] that occurred prior to the birth of the child;
(2) an original birth certificate issued by the State Registrar of Vital Statistics on which both partners in civil union or spouses are listed as parents of the child or a copy thereof certified to be true by an attorney of this State; and
(3) a written declaration signed by both parties to the action that describes in sufficient detail how the child was conceived and identifies any other involved parties so that the court may determine whether those individuals have parental rights to the child.
c. The court shall, if it determines that the parental rights of any other interested individual have been relinquished or terminated, issue a [judgement] judgment of adoption confirming both parties to the action as the legal parents of the child, without the need for an appearance by the parties.
d. The court shall, if it determines that another individual may have existing parental rights to the child, order and conduct a hearing on the matter, providing notice to all parties, before issuing a judgement of adoption.
e. No home study or background check shall be required by the court in order to issue a judgement of adoption pursuant to this act.
f. The process provided by this section shall not be available to the intended parents of a child born to a gestational carrier pursuant to the provisions of the "New Jersey Gestational Carrier Act," P.L.2018, c.18 (C.9:17-60 et al.).
g. Nothing in this act shall be deemed to summarily extinguish or terminate the parental rights of any individual.
h. Nothing in this act shall be deemed to confer parental rights through a birth certificate.
i. The Supreme Court may establish court rules as necessary to effectuate the provisions of this act.
(cf: P.L.2019, c.323, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill amends section 3 of P.L.2019, c.323 (C.9:17-71) to stipulate that if a child is less than three months of age, a complaint for a judgment of adoption for the child would be filed with the Superior Court of the county where the child was born.
Current law requires that a complaint for a judgment of adoption would be jointly filed by a couple with the Superior Court of the county where they reside or where one of the parties to the action resides. The law does not require that the complaint for a judgement for adoption be filed with the Superior Court of the county where a child being adopted was born, regardless of the child's age.
The bill also stipulates that a complaint for a judgment of adoption, jointly filed by a couple with the Superior Court of the county where they reside or where one of the parties to the action resides, would include proof of a valid civil union or marriage between the individuals that occurred prior to the birth of the child being adopted.
Current law mandates that the complaint for a judgment for adoption, jointly filed by a couple would include proof of a valid civil union or marriage between the individuals issued prior to the birth of the child being adopted. The law does not specify that the couple provide proof that the civil union or marriage occurred prior to the birth of the child.
The bill specifies that a copy of an original birth certificate issued by the State Registrar of Vital Statistics, certified to be true by an attorney of this State, on which both partners in civil union or spouses are listed as parents of the child can be attached to a complaint for a judgement for adoption.
Current law requires that a copy of an original birth certificate issued by the State Registrar of Vital Statistics on which both partners in civil union or spouses are listed as parents of the child can be attached to a complaint for a judgement for adoption. The law does not allow for a copy of a birth certificate listing partners in civil union or spouses as parents of the child, certified by an attorney, to be attached to the complaint.
