In Re the Adoption of a Child by L. C.
In Re the Adoption of a Child by L. C.
Opinion of the Court
The opinion of the Court was delivered by
In this case the adoptive parents of a foreign-born child seek a court-ordered change of birthplace on the child’s birth certificate. N.J.S.A. 26:8-40.1 provides that
[u]pon application by an adopting parent or parents of any person born in the United States and adopted pursuant to the laws of this State, the court before which the adoption proceedings have been conducted, may, for good cause shown, direct and order that the place of birth shall be the residence of the adopting parent or parents at the time of said adoption; provided however, that the adopting parent or parents were residents of this State at the time of said adoption, [emphasis added]
The questions presented in this case are: first, what constitutes “good cause” for a change of birthplace and, second, whether the statutory exclusion of foreign-born adoptees impermissibly discriminates against aliens in violation of the Equal Protection Clause of the federal Constitution.
The trial court denied plaintiffs’ motion to change the birthplace for failure to show good cause. The Appellate' Division affirmed, 171 N.J.Super. 553 (App.Div. 1979), and we granted plaintiffs’ petition for certification. 84 N.J. 409 (1980). Although we find that plaintiffs have shown good cause for a change of birthplace, we affirm the denial of their motion because the statute excludes foreign-born adoptees and we find such an exclusion constitutionally permissible.
I
In 1977 L.C. and his wife adopted a two-year-old child, M.C., who was born in Portugal. Besides ordering the adoption and
Plaintiffs moved for an order enforcing the judgment. Before the motion was heard, it was ascertained that the challenged portion of the judgment was the result of an administrative error. The judgment was then vacated because it was contrary to the terms of N.J.S.A. 26:8-40.1. A second judgment was entered omitting the order for a change of birthplace.
After entry of the new judgment, plaintiffs filed a motion requesting a change of birthplace on the child’s birth certificate. They furnished an affidavit by L.C. in which he stated reasons for seeking the change. He described his fears about the
After hearing argument, the trial court denied plaintiffs’ motion on the ground that they had not shown the necessary “good cause.” The court found the possibility of emotional and developmental harm too speculative, concluding that although their daughter might well be exposed to “the normal strains and ethnic slurs which all of us have had to endure at one time or another,” it was highly unlikely that any special difficulties would arise because of M.C.’s foreign birth “which would be so greatly to her detriment that the fears of her father will ... be realized.” Because the plaintiffs had failed to meet the requirement of showing good cause, the court found it unnecessary to consider plaintiffs’ constitutional argument.
The plaintiffs then appealed to the Appellate Division, raising essentially the same arguments. The Appellate Division affirmed the denial of plaintiffs’ motion. 171 N.J.Super. 553 (App.Div. 1979). The court agreed with the trial court’s finding that good cause had not been shown and, therefore, declined to address the equal protection claim.
We affirm, but for different reasons.
II
N.J.S.A. 26:8-40.1 permits a court to order a change of birthplace on an adopted child’s birth certificate if good cause is shown. The plaintiffs and the trial court agreed that this provision is intended as a means of concealing the fact of
The plaintiffs described the emotional harm to M.C. that might result from premature or accidental disclosure of their child’s adoption. Although L.C. intends to tell his daughter about the adoption some day, he wants to wait until he believes she is emotionally ready. He fears that a third party who learns of her adoption from the birth certificate will inform her at an inopportune time, thus risking emotional trauma and permanent psychological harm. L.C. also fears that his daughter will be the victim of prejudice at the hands of school officials or her peers if they learn of her foreign birth. Finally, there is a chance that someone, after learning of M.C.’s birthplace, will inform her natural parents of her present home.
The trial court referred to these concerns as “the citing of shadows.” It refused to accept L.C.’s contention that an adopted child in a stable environment is likely to experience emotional trauma upon learning she is foreign-born. Since the possible harm to the child was so speculative, the court found that such harm could not be “good cause.” It suggested that the likelihood of emotional harm would have to be stronger or the reasons for concealing the child’s origins more compelling, citing birth from an incestuous relationship as an example.
We disagree with the narrow view of “good cause” adopted by the trial court. Although there is no legislative history to guide construction of the statute, we do not believe that the Legislature included the provision permitting a change of birthplace for the limited purpose of concealing disturbing facts about a child’s birth. Nor is it necessary for parents to demonstrate unique circumstances that might cause emotional problems for the child. Rather, the desire of parents to exercise control over the circumstances in which an adopted child learns
The literature concerning adoption emphasizes the psychological importance of the manner in which a child learns about his adoption. See Eldred, et al., Some Aspects of Adoption in Selected Samples of Adult Adoptees, 46 Am. J. Orthopsychiatry 279, 288 (1976); Schecter, et al., Emotional Problems in the Adoptee, 10 Arch.Gen. Psychiatry 109, 110, 113-14 (1964); Wieder, On Being Told of Adoption, 46 Psychoanalytical Q. 1, 19-20 (1977). Experts disagree about when to inform the adoptee, see id. at 1-2; but there is no dispute over the desirability of having the adoptive parents inform the child at a time when he is sufficiently mature to accept the information and understand it. See id. at 19-20; Schecter, et al., supra, at 110. Clinical studies reveal that a child who is told of his adoption by his parents is more likely to react positively than a child who is told by a third person. Id. at 113-14; Eldred, et al., supra, at 288. Equally important, a child who learns of his adoption before he is emotionally ready is more likely to experience psychiatric problems later. Schecter, et al., supra, at 113-14; Wieder, supra, at 19-20.
All judicial decisions regarding adoption must be primarily concerned with the best interests of the adopted child. N.J.S.A. 9:3-37. In light of the potential for emotional harm documented by these studies, best interests will ordinarily be served by guarding against the chance that the child will learn of his adoption from a third person at an inopportune time. Changing the birthplace on the birth certificate is one means of preventing this. The Legislature’s purpose in offering parents this opportunity was to minimize the possibility that the fact of adoption would be communicated as a result of chance rather than parental decision. Because the likelihood that any particular child will suffer harm from accidentally learning of his adoptive status is necessarily speculative, it is usually not subject to proof. Nevertheless, we contemplate that a finding of good
The plaintiffs in this case have demonstrated good cause. Although they intend to inform their daughter that she is adopted, they wish to wait until she is more mature. This desire would be a sufficient reason to order a change of birthplace under N.J.S.A. 26:8 — 40.1 if M.C. had been born in the United States. But the statute does not authorize a change for foreign-born adoptees. Therefore, we must address the plaintiffs’ equal protection challenge to the statute.
Ill
Plaintiffs contend that the ineligibility of foreign-born adop-tees for a change of birthplace under N.J.S.A. 26:8-40.1 discriminates against aliens in violation of the Equal Protection Clause of the Fourteenth Amendment. They argue that this case is governed by the standard set forth in Graham v. Richardson, 403 U.S. 365, 91 S.Ct. 1848, 29 L.Ed.2d 534 (1971), in which the United States Supreme Court applied strict scrutiny to invalidate state laws denying welfare benefits to aliens. Under strict scrutiny, a classification is valid only if it furthers a compelling state interest.
Various provisions of the Constitution treat aliens and citizens differently, “indicating that the status of citizenship was meant to have significance in the structure of our government.” Ambach, supra, 441 U.S. at 75, 99 S.Ct. at 1594. Where citizenship is constitutionally significant, governments are permitted to discriminate on the basis of citizenship, subject only to the requirement that the classification be rationally related to a legitimate governmental interest. See Ambach, supra; Foley,
This constitutional distinction between citizens and aliens is obviously significant in matters of immigration and naturalization. The federal Constitution confers on Congress the power “To establish an uniform Rule of Naturalization.” U.S.Const., art. I, § 8, cl. 4. In the exercise of this power, Congress is permitted to deny benefits to aliens subject only to the requirement that its classifications meet the rational basis test. See Mathews v. Diaz, supra, 426 U.S. at 83, 96 S.Ct. at 1893.
We believe that the equal protection analysis applied to federal laws affecting aliens is also applicable to certain state classifications based on citizenship. Under this analysis, state laws that favor citizens over aliens for a particular purpose are subject to rational basis review instead of strict scrutiny if, under federal law, alienage is a permissible basis of classification for that purpose. The state law also must be consistent with
The conditions on which aliens are admitted into this country are subject to plenary federal control. The Supremacy Clause prevents states from using federal immigration classifications to impose discriminatory burdens on aliens that interfere with federal policy:
The Federal Government has broad constitutional powers in determining what aliens shall be admitted to the United States, the period they may remain, regulation of their conduct before naturalization, and the terms and conditions of their naturalization. See Hines v. Davidowitz, 312 U.S. 52, 66, 61 S.Ct. 399 [403-404], 85 L.Ed. 581, 586. Under the Constitution the states are granted no such powers; they can neither add to nor take from the conditions lawfully imposed by Congress upon admission, naturalization and residence of aliens in the United States or the several states. State laws which impose discriminatory burdens upon the entrance or residence of aliens lawfully within the United States conflict with this constitutionally derived federal power to regulate immigration, and have accordingly been held invalid. . [Takahashi v. Fish and Game Commission, 334 U.S. 410, 419, 68 S.Ct. 1138, 1142, 92 L.Ed. 1478 (1948) (footnote omitted)]
However, state regulations affecting aliens are permissible under the Supremacy Clause if they are harmonious with the federal scheme and do not impose additional burdens not contemplated by Congress. See, e. g., De Canas v. Bica, 424 U.S. 351, 357-58 & n.6, 96 S.Ct. 933, 937-938, & n.6, 47 L.Ed.2d 43 (1976). We see no reason why such regulations should not also be valid under the Equal Protection Clause. We hold that ,a state may deny benefits to aliens if the discrimination against aliens is rationally related to the state’s constitutional obligation to avoid conflicts with federal law and imposes no burdens on aliens not anticipated by Congress. Otherwise, a state would be forced to deny a benefit to its citizens simply because the Supremacy Clause prevented it from extending the benefit to aliens. We do not believe that the Equal Protection Clause commands that result.
The New Jersey statute is designed to avoid conflicts with this scheme. Indeed, the State could not change the birthplace on birth certificates of foreign-bom persons consistently with the Supremacy Clause, since this would interfere with the federal government’s methods for proving citizenship. Furthermore, the State has not imposed an additional burden on foreign-born persons; federal law expects them to have birth certificates indicating their real place of birth. Therefore, since N.J.S.A. 26:8-40.1 is rationally related to the State’s obligation to conform to federal naturalization law and imposes no additional burdens on aliens, it does not deny aliens equal protection and is valid under the Supremacy Clause.
There is a second reason why plaintiffs’ argument is unpersuasive. On its face, N.J.S.A. 26:8-40.1 does not discriminate on the basis of citizenship, unlike the laws considered in Graham v. Richardson, supra, and other cases in which the Supreme Court
Because foreign-born adoptees are not a suspect class, N.J.S.A. 26:8-40.1 need not satisfy the test of strict scrutiny even if that were otherwise the appropriate standard of review for this kind of alienage classification; it need only satisfy the standard of minimum rationality ordinarily applied to legislation concerning social welfare. See Dandridge v. Williams, 397 U.S. 471, 485, 90 S.Ct. 1153, 1161-1162, 25 L.Ed.2d 491 (1970). Here the Legislature has classified on a reasonable basis; the classification of those eligible for a change of birthplace is carefully drawn to avoid interfering With the federal government’s administration of laws concerning naturalization and citizenship.
As discussed above, supra at 166, the federal government relies on the accuracy of birth certificates by treating a certificate indicating birth in this country as prima facie evidence of United States citizenship. See 8 C.F.R. § 235.10(b) (1980); 22 id. § 51.43(a). ■ If New Jersey were to authorize a change of birthplace when a foreign-born child is adopted, it would be conferring prima facie evidence of United States citizenship which could be used fraudulently. Persons relying on this birth
In short, the ineligibility of foreign-born adoptees for a change of birthplace under N.J.S.A. 26:8-40.1 does not violate the Equal Protection Clause and is compelled by the Supremacy Clause. Although we find that plaintiffs have shown good cause for a change of birthplace, we must nevertheless affirm the denial of their motion because the statute does not authorize the change.
Accordingly, we modify the judgment of the Appellate Division and, as modified, we affirm.
N.J.S.A. 26:8-40.1 specifies the procedure for issuing a new birth certificate for an adopted child and the content of the new certificate:
When any person bom in New Jersey who has been adopted pursuant to provisions of the laws of any State or country, and which adoption has been certified to the State Registrar as required by paragraph B of section 15 of P.L.1953, chapter 264 (C.9:3-31) or there is submitted a certification or a certified copy of the decree or judgment of the court in such adoption proceedings, the State Registrar shall establish, in lieu of the original birth record, a certificate of birth showing (a) the name of the adopted person as changed by the decree of adoption, if changed, (b) the date and place of birth, (c) the names of the adopting parents or parent including the maiden name of the female adopting parent if such name is given in the certification or certified copy of the decree or judgment of the court, and (d) the date of filing. In any instance where the child has been adopted by the spouse of the natural parent the name of such parent shall also be entered on the new certificate of birth. Such certificate shall be of the same general type as is used in making a birth certificate for a person who has not been adopted. Upon application by an adopting parent or parents of any person bom in the United States and adoption pursuant to the laws of this State, the court before which the adopting proceedings have been conducted, may, for good cause shown, direct and order that the place of birth shall be the residence of the adopting parent or parents at the time of said adoption; provided however, that the adopting parent or parents were residents of this State at the time of said adoption.
. Upon receipt of such application, certification or certified copy of the decree or judgment of a court in an adoption proceeding, the State Registrar shall make a new certificate of birth containing the information referred to in the preceding paragraph. The fee for such service shall be $3.00 which includes the issuance of a certified copy of the new certificate.
The State Registrar may file such a new certificate for any foundling, for any child bom in any State or country, and for any child for whom an original birth report cannot be located, who has been adopted in New Jersey; provided, that there is attached to the degree or judgment of the court in such adoption proceeding or is submitted to the State Registrar a certified copy of the original birth record or acceptable evidence of birth. In the case of a foundling, the date and place of birth may be decided by
N.J.S.A. 26:8-40.1 permits the removal of the designation “by adoption” from the birth certificate of an alien child upon proof that the child has become a citizen of the United States. This classification is not challenged here, perhaps because M.C. is now eligible for naturalization under 8 U.S.C.A. § 1434(a)(3) (1970), which permits children adopted by citizens to be naturalized upon petition of the adoptive parents after two years of continuous residence in the United States in the custody of the parents. M.C. entered the care of her adoptive parents on June 16, 1976.
N.J.S.A. 26:8-40.1 does not allow a change of birthplace at the same time ' that the “by adoption” designation is removed.
Justice Schreiber’s concurring opinion states that our interpretation of the good cause requirement renders that phrase meaningless within the statute. Post at 169. We disagree. We have defined good cause to include the parents’ desire to control the circumstances under which the child learns of his adoption. That obviously does not cover all adoption situations. Where the child is old enough to know that he is being adopted, for example, the parents cannot use this reason to demonstrate good cause. Thus, our reading of that phrase in this case does not make it meaningless.
Plaintiffs also contend that the third paragraph of N.J.S.A. 26:8-40.1, see supra n.l, affords the State Registrar discretion to issue a birth certificate with a change of birthplace without a court order and regardless of the birthplace of the adoptee. We agree with the Appellate Division’s conclusion that this is a tortured reading of the statute.
Indeed, commentators have gone further, arguing that the validity of state alienage classifications is best analyzed as a question of whether federal immigration and naturalization law has preempted the particular state law under the Supremacy Clause, without referring to different levels of scrutiny under the Equal Protection Clause. See Perry, Modem Equal Protection: A Conceptualization and Appraisal, 79 Colum.L.Rev. 1023, 1063-64 (1979); Note, The Equal Treatment of Aliens: Preemption or Equal Protection?, 31 Stan.L.Rev. 1069, 1089-90 (1979); Note, State Burdens on Resident Aliens: A New Preemption Analysis, 89 Yale L.J. 940, 948-53 (1980).
Concurring Opinion
concurring.
The threshold question is whether the statute, N.J.S.A. 26:8-40.1, applies to an adopted child who was not born in the United States. The answer is self-evident from the statutory language. The act relates only to persons “born in the United States.”
The next inquiry necessarily is directed to whether the statute is violative of the Equal Protection Clause of the Federal Constitution. Criteria for measuring whether the Equal Protection Clause has been satisfied depend on the nature of the subject matter involved. Ordinarily the rational basis test (a classification rationally related to a legitimate state objective) is used to make this determination. However, when the subject matter is a “fundamental right” or a “suspect class,” the statute may be subject to “strict scrutiny” or to a showing of substantial relationship to governmental objectives. Craig v. Boren, 429 U.S. 190, 97 S.Ct. 451, 50 L.Ed.2d 397, reh. den. 429 U.S. 1124, 97 S.Ct. 1161, 51 L.Ed.2d 574 (1976).
Since the child in the instant case was not born in the United States, it is not necessary to consider whether on this record the plaintiffs have satisfied the statutory requirement that “good cause” be shown. That condition must be met before the court can direct that the certificate be amended. No legislative history illuminates what the Legislature intended by “good cause.” If, as the majority states, a parent’s desire “to exercise control over the circumstances in which an adopted child learns” of the adoption is the type of reason which is sufficient, then “good cause” as a condition precedent becomes almost meaningless. Perhaps that is as it should be, despite the statutory interpretation principle denigrating superfluous language. See In re Revision of Rates Toms River Water Company, 82 N.J. 201, 211 (1980) (statutory construction rendering language superfluous “must be avoided”). In any event the issue need not be addressed in this case.
Justice CLIFFORD joins in this opinion.
CLIFFORD and SCHREIBER, JJ., concurring in the result.
For modification and affirmance — Chief Justice WILENTZ and Justices SULLIVAN, PASHMAN, CLIFFORD, SCHREI-BER, HANDLER and POLLOCK — 7.
For reversal — None.
Reference
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