For more than 35 years now, a movement has been underway in New Jersey to give adoptees the tools to learn about their biological families. In fact, legislation to allow adoptees access to their original birth certificates has been making its way through the state legislature for 17 years. Last week, Gov. Chris Christie finally signed a bill into law that gives adults adopted as children this right, making New Jersey the ninth state do so.

While supporters of the bill have long argued that adoptees should be able to view their full birth certificates not only to learn about their identity but also their family medical history, the legislation took so long to become law due to staunch opposition. The birth certificates of adopted children were first sealed by the state in 1940 to protect the identities of biological parents who wished to remain anonymous.

Since 1940, adoptees have only been able to see their birth certificates after obtaining a court order, which is not always possible.

Those in favor of sealed birth certificates today argue that biological parents, frequently young women, believed in lasting anonymity when they chose to put their children up for adoption. The bill that Christie signed does include a safe-harbor provision for biological parents who do not want their identities revealed. Those who have given children up for adoption have until the end of 2016 to contact the New Jersey Department of Health to state whether they would like to redact their names from a birth certificate; have contact with the birth child through an intermediary only; or have complete contact with the birth child. These preferences should be directed to the state registrar.

Parents who give children up for adoption in 2017 and beyond will also have an opportunity to indicate their preference of contact with the adopted child.

Any parents who choose to redact their names from birth certificates will still be required to provide family medical history information to adopted children.

Biological parents and adoptees who have questions about their rights and responsibilities under the new adoption law should contact a Supreme Court of New Jersey Certified Family Law Specialist who will help them interpret and apply the law as it relates to their specific circumstances.

Source: New Jersey Law Journal, “Adoptee’s Access To Birth Records Signed Into Law,” Michael Booth, May 29, 2014