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E-mail: info@njcathconf.com
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William
F. Bolan, Jr., J.D.
Executive
Director
ACCESS TO BIRTH RECORDS
FOR ADULT ADOPTEES
MYTH V. FACT
Legislation, A-3237 / S-1093,
currently under consideration in
The following myths/facts clarify some of
the arguments raised about the legislation.
MYTH: Birth
parents never signed a confidentiality agreement when they placed their babies
for adoption. Since there was nothing in
writing ensuring confidentiality, birth mothers/fathers don’t expect it.
FACT:
There is, indeed,
something in writing. Birth parents in
MYTH: Most birth
parents want to be contacted.
FACT:
There is absolutely no
evidence to support this argument. Many
birth parents may wish to be contacted by their adult adopted children. Many others do not. That certain birth parents want to be
reunited with their children is no reason to breach the privacy rights of all
birth parents by opening adoption records.
MYTH: Birth parents have no "right to
privacy" if their adult adopted children want to contact them.
FACT:
Birth parents do have a
right to privacy. This right to be left alone is expressly assured by the
provisions of N.J.S.A. 26:8-40.1 and N.J.S.A. 9:3-52. The constitutional right to privacy has also
been recognized as a vital interest by the U.S. Supreme Court. The
It is true that the right to privacy is
not absolute. Recognizing this, the New
Jersey Legislature provided in N.J.S.A. 9:3-52 that, if there is good
cause such as the need to have access to medical histories, a court may order
that the birth records be revealed. This
statute gives the courts the power to weigh and balance the competing rights of
the birth parent and the adult adoptee and make a determination based on the
facts and circumstances of each individual case.
MYTH: The rights
of adult adoptees to information supersedes the rights of birth parents to
privacy.
FACT:
Even if there is a
personal right to receive important information, it is not absolute. It must be balanced against the need to
safeguard the legitimate claim of privacy of persons who would be affected by
disclosure. The rights of adult adoptees
must be balanced against the rights of birth parents, which is exactly what the
law now provides by the court procedures set forth above in N.J.S.A.
9:3-52.
MYTH: Birth
parents should bring their past out into the open and not keep secrets.
FACT:
Whether or not to
maintain confidentiality is a personal choice and should not be forced upon
anyone. In many cases, for whatever
reason, the birth parent has chosen not to reveal to his or her spouse,
children or other relations the facts of the birth which took place 18 or more
years ago. Having been assured of
confidentiality by statute and having lived their lives in reliance on that
confidentiality, birth parents should not now be compelled against their will
to reveal their past.
01/05