Fact Sheet

Retroactively unseals birth records of adoptees.

The bill changes the rules midstream; shattering the guarantee of confidentiality the state gave thousands of birth parents (N.J.S.A. 26:8-40.1 and N.J.S.A. 9:3-52). Many birth parents were influenced by this guarantee of confidentiality in deciding to surrender their children.

Birth parents will receive no personal notification of the change in the law or of what they must do to protect their confidentiality.

There is no provision in the bill that birth parents be personally notified or in any way contacted. This bill appropriates $90,000 for the purpose of providing public awareness. It is anticipated that the word of this legislation and its specific requirements will filter through newspapers and TV to birth parents many of whom may now live outside of New Jersey. It will be virtually impossible for every person impacted by this law, especially those that have already placed their child for adoption, to learn about the details in time to protect their privacy.

Bill requirements to protect privacy places undue burden on birth parent.

A birth parent who places a child up for adoption prior to the date of enactment of this bill must submit a written, notarized request for nondisclosure within twelve months of its enactment. If this does not happen the child will have access to the original birth record providing information about the birth parent. Furthermore, the birth parent will be required to fill out within 60 days after request for nondisclosure a family history form requesting medical, cultural and social history. Failure to submit within the prescribed time will nullify the request for nondisclosure.

Only confidential options left in New Jersey for women whom are pregnant are abortion or Safe Haven which was intended to protect unwanted babies from being abused, abandoned or killed.