The case law is pretty clear on these matters - the applicant seeking release of an original birth record must have a significant reason for wanted to have the record released. Simple curiosity is not sufficient. There have been cases where the adult adoptees needed to contact blood relatives for serious health reasons - like needing a transplant - or where an adoptee seeks records to make application for tribal membership.
The action would be a Complaint in Lieu of Prerogative Writ - seeking to compel a governmental agency to do something it does not want to do. So the first effort ought to be to seek the record voluntarily and once rebuffed, then an action could be brought if there is good and sufficient cause.
This should NOT be an easy thing - the birth records under current NJ law are there for a significant public policy reason, the privacy of the birth parent(s) and their other family members - who expected privacy under the law at the time of the placement.
Deb
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Debra Guston Esq.
Glen Rock NJ
(201)447-6660
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Original Message:
Sent: 08-13-2013 20:39
From: Hanan Isaacs
Subject: Referral for unsealing birth certificate of adopted child now deceased
I had this issue long ago in a Mercer County case. We had to sue the Bureau of Vital Statistics in Family Court. The Judge held a hearing on the issue. We won the right to get a copy of the birth certificate.
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 08-13-2013 19:15
From: Myrna Wigod
Subject: Referral for unsealing birth certificate of adopted child now deceased
Does anyone have any experience in unsealing adoptee's birth certificate or can you make a referrral to someone who has?
Potential client (who is a NY attorney) is seeking to unseal her deceased mother's birth certificate. She has already obtained adoption records, but needs additional information contained in birth certificate.
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Myrna Wigod Esq.
McCarter & English, LLP
Newark NJ
(973) 622-4444
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