New Jersey Family Law Blog

In New Jersey when a child is given up for adoption, the rights of the biological parents are terminated at the end of the adoption process. What happens, however, to the rights of the child’s biological grandparents?

Prior to the 1970’s, grandparents had no legal visitation rights. Then divorce rates began to rise and so did the number of single-parent homes. Grandparents began to take a more active role in raising their grandchildren and states began to adopt laws granting grandparental visitation rights. (1)

Today New Jersey law gives grandparents the right to seek visitation with their grandchildren if they are at any time denied such visits by the children’s parents. The grandparents must prove visitation is in the child’s best interest and the court will consider a series of factors when granting this request, including the relationship between the child and the grandparent(s), the relationship between the child’s parents and the grandparents, and the effect the visitation may have on those relationships. (2)

These rights usually come into play in divorce cases. Adoption is a different matter; here, New Jersey adoption laws and grandparent rights can conflict. A recent Bergen County case highlights this conflict.

In this case, paternal grandparents of two children applied to the Bergen County Superior Court for visitation rights after being cut off by the children’s adoptive parents. The judge ruled in favor of the adoptive parents, stating that the State’s adoption laws terminating the rights of the biological parents also pertain to the rights of the biological grandparents. The State Appellate Division disagreed. (3)

The Appellate Court pointed to several factors supporting its decision. First, the adoption laws that originally terminated the relationships between the child and the biological parents and rights of all other persons based on that relationship were repealed in the late 1970’s. The new act eliminates reference to other persons. (3) Second, the lower court’s decision was based on a precedent involving non-relative adoptions. In this case, one of the adoptive parents is the biological mother’s cousin. (3)

Finally, the adoptive parents themselves indicated through their actions that the adoption did not preclude the grandparents’ visitation rights, because they allowed such visits until the grandparents allegedly began to question their parenting methods. (3)

In short, the Appellate Court ruled that in New Jersey termination of the biological parents’ rights does not apply automatically to the rights of the biological grandparents in adoption cases.

(1) http://www.livestrong.com/article/206424-grandparents-rights-in-new-jersey/
(2) http://www.njdivorceonline.com/njpages/Visitation/grandparent_visitation_rights.asp
(3) http://www.law.com/jsp/nj/index.jsp?slreturn=1&hbxlogin=1

The long-running battle that has pitted the rights of adoptees to have access to their birth records against birth parents’ rights to privacy may soon come to an end in New Jersey. A bill ending that battle was approved by the New Jersey State Legislature earlier this month and now awaits signing by Gov. Chris Christie. (1)

The pending legislation would give adoptees in the State the right to access their birth certificates once they turn 18. Parents who have given children up for adoption prior to the law taking effect would have one year from the date the law is adopted to request their names be stricken from the birth records. Once the law is passed -- if it is -- those giving a child up for adoption could submit in writing their desire not to be contacted. (2) Those parents could have their names stricken from birth records as long as they disclose details of their medical and cultural backgrounds. (3)

Currently in New Jersey access to birth certificates in “closed” adoptions is available only by court order. The adoptee must show good cause to the courts in order for their birth certificates to be unsealed. What constitutes “good cause” is up to the discretion of the judge involved with the particular case. (4)

For over 30 years, adoptees have argued their right to have access to information about their origins citing the importance of knowledge of their medical history as a major reason, since many genetic and hereditary medical conditions can be better managed with prior knowledge. Opponents of this law, on the other hand, have argued that the loss of anonymity could cause some birth parents to dismiss the idea of adoption in favor of other alternatives. (1)

Only six other states in the country allow adoptees to access their birth records. Oregon, New Hampshire, Alabama, and Maine all passed laws similar to New Jersey’s pending legislation; birth records were never withheld from adoptees in Kansas and Alaska. (2)

The bill is currently being reviewed by the Governor’s Office. The deadline for receiving the Governor’s signature is June 23. (2)

(1) http://www.newjerseynewsroom.com/state/sponsors-of-nj-adoption-rights-bill-hoping-for-gov-christies-approval
(2) http://yourlife.usatoday.com/parenting-family/adoption/story/2011/05/States-debate-adoption-record-laws/47694156/1?csp=ylf
(3) http://newyork.cbslocal.com/2011/05/10/adoption-rights-bill-moving-closer-to-becoming-law-in-n-j/
(4) http://adopteerights.net/nulliusfilius/?page_id=70

Imagine availing yourself of all the advancements in reproductive technology in order to conceive the child you thought you may never have just to have the courts say you haven’t earned the title of “Mom.” That is exactly what has happened to a Union County couple now fighting to update State law.

The couple conceived a child through in vitro fertilization, a process whereby the egg is fertilized outside the womb and then implanted into the mother. In this case the egg came from a donor and a surrogate carried the baby to term. As a result, the intended mother has no genetic or biological relationship to the child. (1)

Before the child’s birth 19 months ago, a Superior Court judge issued a pre-birth order permitting the wife’s name to be listed on the birth certificate as the child’s mother. The Bureau of Vital Statistics challenged this ruling and an Appeals Court sided with the Bureau, ruling that the woman would have to adopt the child in order to be recognized as his mother by State courts. (2)

Under State law, husbands are presumed to be fathers whether or not their sperm was used in conception. Wives, however, are not presumed to be mothers unless their eggs or bodies were used for the conception and/or pregnancy. (3)

New Jersey’s current parentage definitions stem from the highly publicized 1986 Baby M case. That child was conceived through artificial insemination, whereby sperm is placed inside the woman and her own egg is fertilized in her own body. Although a surrogate was also involved in that case, the courts recognized the husband as the child’s legal father. State law has not been updated since then, although reproductive technology has been. (2)

Participants in the current case point out some legal ramifications that could arise when the “mother” is not recognized by the courts. For one thing, if something were to happen to the mother before the adoption was finalized, the child would be denied benefits he may otherwise have been entitled to, including insurance and Social Security. If named a beneficiary in his mother’s will, he could also be subject to inheritance taxes which are waived for legally recognized children. (1)

While the couple is seeking to have State laws revised to keep up with changes in reproductive technology, the Appellate Court contends this is a question for the State Legislature, not the courts. (2)

(1) http://www.northjersey.com/news/state/courts/Appeals_court_rules_NJ_woman_must_adopt_baby_born_through_artificial_insemination_of_a_surrogate.html
(2) http://www.nj.com/news/index.ssf/2011/03/nj_womans_case_exposes_laws_in.html
(3) http://womenofgrace.com/breaking_news/?p=7469

Some 220 children from New Jersey’s foster program found their "forever" homes this week when their adoptions were finalized in court procedures throughout the State. (1)

November is recognized as National Adoption Month. In celebration of this, counties throughout the State held a series of activities sponsored in a cooperative effort by the Department of Children and Families (DCF) and the court system. These activities culminated in the finalization of adoptions held during the week of November 15 with the largest number of adoptions taking place in Essex County where the adoption of 60 foster children were finalized. In the Hunterdon/Somerset/Warren County area, six foster children were legally adopted as part of these proceedings. Private adoptions throughout the State were also honored during this observation. (1)

The adoptions in New Jersey included the placement or reunion of siblings within the same adoptive family, special needs placements, teenage adoptions and adoptions by relatives or next of kin, as well as infant adoptions resulting from the State’s Safe Haven Program. Under the Safe Haven Infant Protection Act, individuals are able to anonymously and legally surrender unwanted infants under 30 days old at any police station or hospital emergency room throughout the state. (1)

In New Jersey the DCF’s Division of Youth and Family Services requires potential foster families and adoptive families to participate in the same licensing process. This practice ensures that there are a sufficient and diverse number of foster homes available; these homes can potentially become the permanent adoptive homes of the children placed there. The practice allows the agency to operate under the premise that the child’s first placement is the most appropriate and hopefully final placement. In New Jersey approximately 90% of adopted children are adopted by their foster families. (2)

National Adoption Month was originated as National Adoption Day 11 years ago by the Alliance for Children’s Rights. Organizations such as the Dave Thomas Foundation for Adoption and the Freddie Mac Foundation supported this initiative as a means for raising awareness of children in the nation’s foster care system. Today there are approximately 123,000 children in that system awaiting adoption. (3)

(1) http://www.state.nj.us/dcf/news/press/approved/101112_adoptionday.html

(2) http://www.capemaycountyherald.com/article/government/67879-christie+administration+recognizes+national+adoption+month

(3) http://adoption.about.com/od/celebrationinspiration/a/adoptionday.htm

This fall the New Jersey Assembly is expected to vote on the Adoptee Birthrights Bill, satisfying an issue of adoption that the State has been struggling with for about 30 years.

Under this Bill, adult adoptees or the parents of minor adoptees would be able to get copies of the adoptee’s original birth certificate and to have access to their medical histories and social and cultural backgrounds. Today adoptees in New Jersey can only access their original birth certificates through court order. (1)

Continue reading "Open Adoption Birth Records One Step Closer to Becoming Law" »