It is often said that no law is perfect.  And, indeed, the newly-signed law in New Jersey giving adoptees and certain others access to the adoptees’ original birth records is not a perfect law.

But to the credit of those who have patiently listened to all sides of this debate and attempted to render a law that respects the most critical needs involved, the state’s new adoption law demonstrates that compromise and compassion can bring about positive outcomes, even while concerns about its impact remain.

In the last issue of The Monitor, we reported that the bill allowing wider access to adoptees’ birth certificates was expected to clear its final hurdles and be signed by Gov. Chris Christie.  The bill was in fact signed May 27, and the measures provided in the law will be rolling out.

Of key concern to those who advocate for birth parents, particularly leaders of this Church which has arranged countless adoptions over the generations, is that the privacy of birth parents be protected if that remains their desire. This has been a concern for prospective adoptions, the possible risk being that a woman whose identity might not be protected when she places a child for adoption might be persuaded to have an abortion instead.

But even more pressing is the reality that birth parents who were promised privacy when they placed their children for adoption in the past before this law existed could lose that privacy if they do not make their intentions known to the state within 31 months of the law’s passage.  Until that time, the law allows them to request “no contact” and have their identities redacted from the birth certificate while still allowing adoptees to have information about medical histories and cultural backgrounds of birth parents. 

But once the grace period is over in 2017, the option to redact will be lifted and the identities will be released.  For some birth parents, that may be fine.  They may have prepared themselves for this eventuality and are able to embrace it.  For others, it could bring great hardship and upheaval.

Under the leadership of the New Jersey Catholic Conference, agencies and ministries within the state’s dioceses will take on a comprehensive public education campaign about the new law.  Using diocesan, secular and digital media resources, the campaign will try to reach as many individuals as possible who placed their babies for adoption in New Jersey.  Acknowledging that many of the people who need to know this information now live well beyond the state’s borders, the campaign will enlist the support of the Catholic community, spreading the word through social media and other channels.   

Those who advocate for adoptees’ rights are understandably passionate in their attempts to make information available.  Some of the more strident individuals, responding on social media and comment forums, have struck an adversarial tone with the community advocating for privacy.  Criticism has even been leveled at the Church for working to ensure the right to privacy for birth parents, some accusing the Church of trying to keep critical information from adoptees or impose a sense of shame or secrecy on these adoptions.

These criticisms are unfair.  Church leaders are not trying to prevent any adopted child or adult from having access to personal information that would be provided in their birth certificate. The Church has fully supported access to medical records, as well as reunions between birth parents and their adopted children as long as there is mutual consent. Nor does the Church oppose many of the facets of the new legislation that will build a deeper understanding of an adopted child’s cultural heritage.

Church leaders are not encouraging birth parents to have their names redacted.  The education campaign is an effort to fulfill the promise to the birth parents, making sure they can exercise their right to privacy if they so choose.

Moving forward, the hope is that the new law holds enough protection of privacy for birth parents so as not to repel them from the loving choice of adoption.  If a pregnant woman were to make the tragic decision to abort her baby, her anonymity would be virtually guaranteed. The Catholic community must continue to work so that abortion never appears to be the only option for those who do not want their identities known.

To read a story on the new adoption law and the campaign to educate birth parents about it, click here.