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Adult Adoptees Legislation Would Give Access to Original Birth Records
Filed under: Adoption, In The News
Proposed legislation in New Jersey could give adult adoptees direct access to their original birth certificates. Credit: New Jersey Department of Health and Senior Services
In New Jersey, two competing bills are pending in the state legislature that would give adult adoptees access to their original birth certificates and family medical information, removing a major impediment for those who wish to explore their birth families, the Asbury Park Press reports.
Currently, when a child is adopted in New Jersey, the original birth certificate is modified to contain only the adoptive parents' information, the newspaper reports. The state files away the original birth certificate -- which contains birth parents' names, ages, ethnicity and other identifying information.
However, if New Jersey resident Carol Barbieri gets her way, adult adoptees may soon be able to access their original birth certificates for the first time since about the 1940s, according to the Press.
Barbieri, of Atlantic Highlands, N.J., has been fighting for adoptee rights for about 20 years, since she began a quest to locate her own birth family, seeking critical medical information to help doctors treat her son, who had Wolff-Parkinson-White syndrome, an electrical imbalance in the heart, the newspaper reports.
When the cardiologist asked Barbieri if the condition ran in the family, it was all the motivation she needed to find out all she could about her biological family -- turning into a decades-long fight to get a state law passed to allow adult adoptees to obtain their original birth certificates.
However, though passage of bill A-1406 is close, another roadblock recently popped up, in the form of competing bill A-3672, introduced in January, the Press reports.
The original bill, sponsored by Assemblyman Vincent Prieto, provides adoptees with direct access to their original long-form birth certificate, with the option of having an intermediary go-between them and their biological parents, the newspaper reports. The new bill requires an intermediary and gives biological parents the right to deny their access to the original birth certificate.
Those who favor the new bill say it's the only fair way to protect both the rights of adoptees and birth parents who may not wish to reveal their identities. However, proponents of the original bill, A-1406, say their bill already accomplishes those objectives and, at this point, is much closer to actually being passed into law, the Press reports.
"It's taken us 30 years to get the bill to where it is now," Barbieri tells the Press. "It's a fair bill."
If the original bill passes, birth parents would have one year from the date of passage to notify the state in writing that they want their identifying information removed from the original birth certificate. They will also be able to choose whether they prefer direct contact or contact through an intermediary.
In addition, the law would require birth families to update their health information with the state every 10 years.
Under the new bill, sponsored by Assemblywoman Joan Quigley, if the birth parents deny the adoptee's request for their original birth certificate, they would be asked to provide family medical information, which would then be given to the adoptee, the Press reports.
Quigley says the original bill will provide adoptees only with the names of their alleged parents and addresses that are 20 or 30 years old, and therefore no actual useful information for tracking down birth parents at the time of the request, according to the newspaper.
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ReaderComments (Page 1 of 1)
3-08-2011 @ 8:45AM
Lisa Marie said...They are talking about taking away the privacy that 60, 70 and 80 year old woman have counted on for the last 40,50 and 60 years. Taking away the privacy of rape victims before the time of being able to have an abortion. After abortion was passed and a woman chose a closed adoption over an open adoption she made that decision of being able to maintain privacy over aborting the child. DNA testing will tell you nationality and medical information needed.
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3-08-2011 @ 3:22PM
Pam Hasegawa said...About 40% of adopted adults I know have been given court decrees by their parents which were received by their mom and dad when the adoption was finalized. Up until the late 1960s, those decrees contained the names of both birth parent and child (at birth). After the late '60s, those names were sometimes blocked out on the copy that went to the parents. No relinquishing parent currently has "protection" under existing law, period. It's unfortunate that they are being misled by legislators who don't believe it because a belief they've had for their whole life isn't easily changed by seeing the facts. Amending a belief system is a whole lot more challenging than amending a birth certificate! Adoptive parent groups like Concerned Persons for Adoption, and the majority of established NJ adoption agencies support A1406 without reservation. Please see www.nj-care.org and contact us at njcare.staff@gmail.com or call me at 201.400.6714. Pam in Morristown, b. Rolande Sygne Hampden
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3-24-2011 @ 9:18AM
Sandy said...Lisa Marie By the void of emotion you show for the adoped child. I would say that you are hoping that your child is not able to locate you. Would it be an inconvienence? That all these years you told yourself that you did the best thing for the child. Well do a little research. Adoption can be a blessing to all involved. Although it is not always so cut and dry. Alot of adopted children suffer from abandonment, identity, issues. At no fault of their own. Some children are adopted by parents who were told they could not have kids, later to concieve and have their own bio child and then treat the adopted child different. I think your post came from such a place of self serving it is better that you gave your child up. Have you ever one day thought about how the child you gave up felt. Insted of yoour privacy.
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