NEW JERSEY: Adoptees Could Access Birth Info

NORTH BRUNSWICK/SOUTH BRUNSWICK SENTINEL
January 31, 2008


Adoptees could access birth info
BY CHRIS MURINO Staff Writer

SOUTH BRUNSWICK- The state Senate Health, Human Services and Senior Citizens Committee unanimously supported a bill last week that would grant adult adoptees the right to their birth certificates.

Under the bill (S611), an adoptee over 18 years of age or the adoptive parent of a child can request their birth certificate from the state registrar's office. The bill allows a one year leeway for parents who gave up their children before the bill was passed to request not to disclose their information.

Sen. Bill Baroni (R-Mercer) found it to be a difficult, emotional decision as both he and his sister were adopted. However, only his sister had a desire to find her birth parents.

"I am adopted and I see it from many perspectives," he said. "I do believe they have the right to have that information and I believe that passionately."

Sen. Diane Allen, who sponsored the bill, agrees.

"It's important that adults who were adopted have access to vitally important familymedical information," she said. "This kind of information could dramatically affect the quality of an adoptee's life if left undiscovered."

However, Marie Tasy, the executive director of New Jersey Right to Life, believes the bill is unfair because some mothers do not want to be known.

"Advocates [of the bill] don't believe the birth mother should have the right to have this decision," she said. "We are willing to strike up a compromise but the advocates are not."

Pam Hasegawa, an adoptee and member of the New Jersey Coalition forAdoption Reform & Education, believes, "We're compromising by allowing past birth parents to write a request to be honored for their name and address removal."

Mutual Consent Voluntary Registries are also a hot topic. Some states, including New Jersey, give adoptees and parents the ability to find each other if they both want to. They can register at places like the International Soundex Reunion Registry. Information is computerized for each resident, and people are notified of a matching relationship.

Tasy believes that since this is in effect in many states, it should be tried on a national level.

"It's a good idea, but it's a backup idea," Hasegawa disagreed. "It works for a few people. I think it's a 2 percent success rate.

"Dead people don't register," she added. "Amother could be dead before the adoptee is old enough to apply for it."

She also mentioned that New Jersey allows the adoptive parents to change the date of birth on the certificate to their hometown, making the registry even less useful.

Some opponents have even said that more parents will resort to abortion if their children will have the rights to their full birth certificate. However, Hasegawa says evidence is pointing in the other direction.

In Alabama, a lawwas passed in 2000 allowing access to birth certificates.According to a Guttmacher Institute poll, the abortion rates decreased by 16 percent from 2000 to 2005. Oregon passed a similar law in 2000, and their abortion rates decreased by 25 percent in the same time period. The national average during this time period was a 9 percent drop. Also, Alaska and Kansas have never sealed birth certificates and have abortion rates below the national average.

Baroni said he believes the bill will pass.


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NEW JERSEY: Adult Adoptees to Get Original Birth Records Now Sealed Under State Law

NEWARK STAR LEDGER
January 23, 2008

Adoption Records Bill Advances

Open-records advocates who have spent nearly 30 years lobbying for the legislation recruited Darryl McDaniels -- DMC of the pioneering rap group Run DMC -- to urge the Senate Health, Human Services and Senior Citizens Committee to support the bill.
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The 43-year-old performer said he only learned about his adoption seven years ago while writing an autobiography. When he quizzed his mother about where he was born, she admitted he was adopted. The revelation devastated him because "I always thought I knew who I was."

"I understand protecting the rights of the birth mother, and there should be a protocol for that. This is not about making the birth mother's life hectic," McDaniels said, his voice cracking. "This is about the right of a human being to know the truth of the story of my existence."

The bill (S611) would allow adult adoptees or the adoptive parent of a child to petition the state registrar for an original birth certificate with the names of the biological parents.

The measure gives parents a year from the bill's enactment to file a notarized "No contact" letter with the state if they wish to remain anonymous. They would have to complete a medical and cultural history form every 10 years until the parent is 40, and every five years thereafter, or forfeit their anonymity.

The bill, in one form or another, has been before the Legislature since the session. Religious leaders, anti-abortion activists and, more recently, the New Jersey chapter of the American Civil Liberties Union have successfully lobbied against it, asking lawmakers to protect birth mothers, who believed they had anonymity when they gave up their children.

One speaker, Philip Foley, struck a particularly sorrowful note, telling how his wife had surrendered a child conceived through a rape when she was a teenager, only to have a member of their family confronted years later by his wife's adult daughter.

But Sen. Joseph Vitale (D-Middlesex), the committee chairman and one of the bill's sponsors, said the bill is important.

"By implementing this bill into law, we will be offering answers to some of the most basic questions of identity for thousands of New Jerseyans," Vitale said after the vote.

Sen. Bill Baroni (R-Mercer), who was adopted himself, reluctantly voted for the bill.

"I am torn by these two very important interests -- the interests of moms who, in good faith, put children up for adoption, and kids like me, like Darryl, who don't start our lives from Chapter One."

"My sister, who passed away, always wanted to know," Baroni said. "One of the greatest days in her life was when she met her birth mother."

"In the end, I don't want to be a legislator who looks at Darryl and other kids and says, 'I know better than you do,'" Baroni said.

Marie Tasy, executive director of New Jersey Right to Life, said she and a coalition of other opponents would continue to fight the legislation. "This is not a compassionate choice at all."

The bill now awaits a full vote in the 40-member Senate.


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POLITICKER NJ.com
January 24,2008


Vitale Bill to Give Adoptees Access to Birth Records Advances
by Jason Butkowski


TRENTON – A bill sponsored by Senator Joseph F. Vitale which would give adult adoptees and certain others access to the adoptee’s birth certificate was unanimously approved by the Senate Health, Human Services and Senior Citizens Committee.

“I think that most of us take for granted the fact that we can trace our family’s journey through preceding generations, and have a sense of self which includes what our parents and grandparents went through to deliver us to this moment in time,” said Senator Vitale, D-Middlesex, the Chair of the Senate health panel. “However, for many adopted New Jerseyans, there’s a missing piece to the puzzle, and so many unanswered questions about who they are and how they came to be. Through this legislation, we have a chance to give a brief glimpse of history to those adopted State residents who for so long were left in the dark regarding their birth parents.”

The bill, S-611, would permit access to the original birth certificates for adult adoptees, direct descendants of deceased adoptees, or the parents or guardians of minor adopted children without prior consent of the birth parent. The bill would provide that birth parents could submit a request for non-disclosure, prohibiting the State Registrar from providing the birth parent’s name and home address when receiving a request for an adopted person’s birth certificate, and would give parents of children born before the enactment of this bill a 12-month period from the date that regulations are adopted in order to opt-out. In place of their name and address, birth parents who choose the non-disclosure option would fill out a family history form containing medical, cultural and social history, and return it to the State Registrar within 60 days.

The birth parent would also be given the option to submit a document of contact preference, indicating the birth parent’s preference regarding contact with the adopted person.

“I understand there are some birth parents who might not want to be contacted, just as some adopted people might not want to find out about their birth parents,” said Senator Vitale. “While we want to give these parents the option to remain anonymous, we want to give adopted New Jerseyans something in terms of a family history. At the very least, these folks will have some idea where they came from.”

Senator Vitale added that a family history would be useful for a number of practical purposes, including helping to shape decisions about medical care.

“If doctors know someone’s genetically predisposed to certain kinds of reactions or disorders, that goes a long way in helping to provide effective health care,” said Senator Vitale. “Something as basic as a family medical history is often taken for granted by people who know their birth parents, but it can be so very important in ensuring proper medical care for adopted people.”

Senator Vitale has been working to advance similar legislation for the last two legislative sessions. He said he will continue to fight for this measure, because “it is the right thing to do for adopted people in New Jersey wondering where they came from.”

“This a matter of basic fairness for people who spend much of their life always searching for that missing piece of the puzzle,” said Senator Vitale. “The fact of the matter is, without this law, there are people in this State who will track down their birth parents, by hiring expensive private investigators and pouring for months, if not years, over currently available vital statistics. That process is long and costly, and out of the reach of many adopted individuals seeking answers.

“By implementing this bill into law, we will be offering answers to some of the most basic questions of identity for thousands of New Jerseyans,” added Senator Vitale. “We can give these people a glimpse into their past, access to important medical information, and possibly reunite families. This bill is too important to let lapse without action for another legislative session.”

The bill now heads to the full Senate for consideration.
Contact:

Jason Butkowski
New Jersey Senate Democratic Office
Tel:
E-Mail: jbutkowski@njleg.org
Web: www.njsendems.com


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