THE CONSTITUTIONAL IMPLICATIONS OF NEW JERSEY’S OPEN ADOPTION RECORDS LAW (S.873) AND STATE-SANCTIONED INFRINGEMENTS ON BIRTH PARENTS’ PRIVACY RIGHTS

“All women in hiding are petrified of the betrayal of such private and personal information . . . and all the shame and anguish such exposure carries with it.” Kathleen Foley, a birth mother who placed her child for adoption, provided this statement. She was pleading with New Jersey lawmakers to show compassion for birth mothers and other biological relatives when considering whether and how to provide open access to adult adoptees to their adoption records. Lawmakers did not heed Ms. Foley’s warnings, however, and passed New Jersey Senate Bill 873, thus revealing identifying information and exposing birth relatives to an emotional onslaught when the promise of privacy was thought to be absolute. View More