In re Adoption of Baby S.

705 A.2d 822, 308 N.J. Super. 207, 1997 N.J. Super. LEXIS 536
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 30, 1997
StatusPublished
Cited by6 cases

This text of 705 A.2d 822 (In re Adoption of Baby S.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption of Baby S., 705 A.2d 822, 308 N.J. Super. 207, 1997 N.J. Super. LEXIS 536 (N.J. Ct. App. 1997).

Opinion

COOK, J.S.C.

Should the records of an adoption proceeding that took place over fifty-five years ago be unsealed to permit the biological mother to inspect and copy them, and thereby obtain identifying information about the adoptee and his adoptive family? Previous reported decisions in this State all have involved requests by adoptees to unseal. See e.g., Matter of Adoption of Mellinger, 288 N.J.Super. 191, 672 A.2d 197 (App.Div.1996) (request by adult adoptee of native American descent for disclosure of the names of her natural parents); Backes v. Catholic Family and Community Services, 210 N.J.Super. 186, 509 A.2d 283 (Ch.Div.1985); (adult adoptee’s request for disclosure of biological parents’ identity); Mills v. Atlantic City Dept. of Vital Statistics, 148 N.J.Super. 302, 372 A.2d 646 (Ch.Div.1977) (challenge by adult adoptees to constitutionality of statute requiring state registrar to place under seal original birth certificate of any child who is adopted). Thus, the issue raised in this case by the biological mother’s request to unseal is one of first impression in New Jersey.

[209]*209The background is as follows: In 1940, the biological mother consented to the adoption of Baby S. She is now seventy-five. The adoptee would be fifty-six, if he is still alive. She now wants to identify and locate the adoptee, speak to him, tell him she is his biological mother, and perhaps leave her estate to him in her will. There is no record of any similar request ever being made by the adoptee. A fair inference can be drawn that he does not know he was adopted, or if he does, that he does not wish to know the identity of his birth parents or have contact with them.

Noble and well-intentioned as the biological mother’s request may be, the answer is governed by the statute that mandates the sealing of adoption proceeding records, N.J.S.A. 9:3-52, as well as the case law interpreting that statute or similar statutes in other jurisdictions. N.J.S.A 9:3-52 provides:

Records of proceedings; filing under seal; inspection; change of birth record
a. All records of proceedings relating to adoption, including the complaint, judgment and all petitions, affidavits, testimony, reports, briefs, orders and other relevant documents, shall be filed under seal by the clerk of the court and shall at no time be open to inspection or copying unless the court, upon good cause shown, shall otherwise order. An index to all adoption proceedings shall be maintained by the clerk of the court, but no index of adoption proceedings shall be open to inspection or copying or be made public except upon order of the court.

As the statute provides, a court, prior to entering an order directing the clerk of the court to open the records pertaining to adoptions, must find that “good cause” exists to do so. Similarly, before entering an order directing that sealed birth records be opened, a court must likewise find that “good cause” for doing so exists. N.J.S.A 26:8-40.1; Backes, supra, 210 N.J.Super, at 202-03, 509 A.2d 283. It is only upon a showing of good cause by the applicant that disclosure may be permitted. Mellinger, supra, 288 N.J.Super. at 196, 672 A.2d 197; Backes, supra, 210 N.J.Super, at 202-08, 509 A.2d 283 (adoptee failed to establish good cause for disclosure).

The legislative purpose for the sealing of adoption records is to provide adoptees, their adoptive parents and their biological parents with a right to privacy and confidentiality. Backes, supra, [210]*210210 N.J.Super. at 208, 509 A.2d 288; Mills, supra, 148 N.J.Super. at 307-08, 372 A.2d 646. While this right to privacy cannot be made absolute, especially with regard to requests by adult adoptees to open adoption records, nonetheless in each instance good cause to do so must appear. As Judge Gruccio said in Mills, “[T]he statutory provision [N.J.S.A. 9:3-31, now N.J.S.A. 9-3-52] vests in the court the power to weigh and balance the competing privacy rights and make a determination based upon the facts and circumstances of each case.” Mills, supra, 148 N.J.Super. at 312, 372 A.2d 646; quoted with approval in Backes, 210 N.J.Super. at 203, 509 A.2d 283.

In Mills, the court reviewed at length the interests that are involved in placing adoption records under seal. Judge Gruccio noted that the purpose of the Adoption Act is to protect the child placed for adoption, the adopting parents, and the biological parents. Analyzing each of their respective interests, Judge Gruccio first addressed those of the biological or natural parents, and the adoptive parents:

The natural parents, having determined that it is in their own and the child’s best interests, have placed the child up for adoption. Por example, this decision may be precipitated by an illegitimate birth status of the child and the inability of the unwed mother or father to care properly for the child. The assurance of secrecy regarding the identity of the natural parents enables them to place the child for adoption with a reputable agency, with the knowledge that their actions and motivations will not become public knowledge. Assured of this privacy by the State, the natural parents are free to move on and attempt to rebuild their lives after what must be a traumatic and emotionally tormenting episode in their lives.
The adopting parents also have an interest in having the birth records placed under seal. They have taken into them home a child whom they will regard as their own and whom they will love and raise as an integral part of their family unit. It is important to these adopting parents that they may raise this child without fear of interference from the natural parents and without fear that the birth status of the illegitimate child will be revealed or used as a means of harming the child or themselves. The State has an active interest in protecting and nurturing the growing family relationship it has statutorily created.

[148 N.J.Super. at 307-08, 372 A.2d 646.] Next, and especially significant in [MILLS], this case, Judge Gruccio placed special emphasis on the interests of the adoptee, aptly observing that:

[211]*211

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Bluebook (online)
705 A.2d 822, 308 N.J. Super. 207, 1997 N.J. Super. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-baby-s-njsuperctappdiv-1997.