Discrimination in Adoption?

Question

why are adoptees discriminated against by keeping their records sealed when the rest of society can freely access theirs and have contact with any other adult person in the country if they so choose?

Answer 1

The response about parents possibly not wanting to be found is not correct.  That's not the reason records are sealed.  Here's some information about sealed records and the law that discusses why they are sealed, and prove that so-called "birthparent anonymity" is not the reason.  In fact, it doesn't even exist under the law.

Adopted citizens are denied unconditional equal access rights to the factual documents of their own births in 44 states. This is something the non-adopted take for granted. In only six states, Alabama, Oregon, Kansas, Alaska, Main and New Hampshire, are all adopted adults granted the sames rights as their non-adopted counterparts.  Heather, I know you've seen this before when I've given it as a response, but here goes.

This is an issue of an entire group of citizens, adopted adults, being barred from a right non-adopted citizens have. Unequal treatment under the law is discrimination by the state holding the records. This discrimination turns access to one's own birth record from a right to a privilege, based solely on the adoptive status of a person, a condition over which the adopted person had no say or control. No other citizens but adopted adults are expected to grovel before a judge or ask someone else's permission in order to obtain access to their own birth records. This places adopted citizens in a position of being considered suspect and placed in a secondary class compared to non-adopted citizens.

At one point in history, no one was denied the right to his or her own birth record, adopted or not adopted. The sealing of these records began in the 1930's to hide the shame of out-of-wedlock pregnancy and infertility. Sealing records was also a means allowing adoptive parents privacy from birth parents. Some states did not seal records until much later, while some states, Alaska and Kansas, never sealed records.

For anyone who believes records are sealed in order to protect the anonymity of the natural parents, consider the actual law.

1. It is highly notable that records only seal upon the finalization of an adoption. They only stay sealed if an adoption remains intact. They do not seal upon relinquishment, are not sealed while the child is in foster care and are not sealed while the child is in an adoptive placement that is not yet finalized by the court. How does this protect a natural parent's anonymity?

2. If an adoption fails, i.e. the adoptive parents "return" the child, the original birth record with the natural parents' names on it, is unsealed and re-established as the child's only legal birth certificate. How does this protect the natural parents' anonymity? Incidentally, I'm sad to say that there have been stories in the papers lately about failed adoptions occurring.

3. Adult adopted citizens in states with sealed records can gain access to their birth records as long as they petition the court and get a court order. How does this protect a natural parent's anonymity?

4. No one has ever been able to bring forth a relinquishment document that promises anonymity. Even the greatest opponents of open records, such as the National Council For Adoption, has ever been unable to produce such a document.

5. In some states with sealed records, it is the prerogative of the adoptive parents or the adoptee (if old enough to state a desire) as to whether or not the original birth certificate is sealed. The natural parents have no say. How does this protect a natural parent's anonymity?

Hence, there is no guarantee of anonymity or confidentiality, nor can such be promised under the law as written. Oddly enough, however, I have met natural parents who asked if and when they could contact their relinquished children. They were told that upon reaching 18 years of age, the adopted person could retrieve his or her original birth certificate containing the natural parents' names. Upon reuniting many years later, these natural parents were surprised to find that what they were told didn't pan out because no one had told them that the records were retroactively sealed, despite the information they were given.

Although this is not truly an issue about reunion, the topic always brings with it discussion of reunion. Therefore, I shall briefly cover this issue. Reunions happen all the time under sealed records laws. Several states that allow all adopted adults to obtain their original birth records also have contact preference forms. This is a form that natural parents can fill out stating whether or not they wish to be contacted. The preference can be changed at any time. It is filed with the original birth certificate. A copy of it is given to the adopted person if and when s/he obtains the original birth certificate. Because the adopted person knows right away that the natural parent does not want to be contacted, this greatly, greatly decreases the risk of unwanted contact. In states that do not grant access, natural parents and adopted people will continue to find one another, but there will be no information available as to the preference for contact.

Like other citizens, adopted persons and natural parents are capable of handling their own relationships, without state interference. They do not need others speaking for them or deciding what is best for them as though they were children incapable of doing so themselves. This is an infringement of the free association enjoyed by other citizens in our society.

Answer 2

I'm not sure if you are trying to mock me or something.  Kind of weird.

I feel for you, I feel for the anger you feel about adoption and your situation.  

I agree 100% it is not right to deny someone the chance at knowing and understanding your identity.

Answer 3

Welcome to manskind stupidness & greed. Sorry but this one eats me.ETA : Thanks for thumbs down , just gets me a little more pissed at the stupidness of it all.

Answer 4

Well, what can I say that LaurieBD didn't?  : )

In my own personal situation:  even though I know the names, address and telephone numbers for both of my bparnents and they have all of my information...I still can't have my original birth certificate...to, uuuh...protect our identities?  Ridiculous

Answer 5

Your parents might not want to be found.  That is why that policy is in effect

Answer 6

AAAARRRRGGHHH!!!!

"birth" parents have NO right to remain anonymous. There are NO clauses in relinquishment papers that state that. I am seriously about to scan my own relinquishment papers (or at least the ones leading up to that since the government refuses to hand over copies one legal document I signed) and PROVE that NOWHERE does it state I will forever remain nothing more than an anonymous genetic donor.

Answer 7

Why, indeed?  Maybe it's the fact that society finds our conception shameful.  Maybe it's the fact that society want to continue the fantasy that adoptees are just like bio kids and protect the adoptive parents feelings.  

I don't know, but it's unfair and it sucks. Why are we not treated  like everyone else in society?  What is it about being adopted that makes us lose our rights?!  It makes me furious.