On the issue of open adoption records...?

Question

I've said before that this is an issue I'm personally undecided on, but I would like to learn more about it. All snarkiness aside, I would like to hear the reasonings for opening adoption records, what exactly the information would include and why the adoptee's right to know should supercede the birthparent's rights to privacy.

If you favor keeping adoption records closed, I would like to hear your rationale also.

Thank you.

Answer 1

If i can legally get a copy of my original birth certificate so should every other citizen of the USA.  I believe its basic civil rights.  How can a government say legally everyone can have a copy of their OBC, well except you!

As far as birthparents right to privacy.  That doesn't make sense to me.  Why are there so many birthparents registered to find their adopted children?  If for some reason the birthparents don't want anything to do with their child, just tell them.  Its not like they are going to stalk them.  If they do stalk them, then get a restraining order like the rest of us.

I don't believe any parent has a right to anonymity from their own children.

Answer 2

Since giving up a child for adoption does not result in the sealing of the original birth certificate, there absolutely is no right to anonymity.  "Birthparents" already have ALL of the same privacy rights that every other citizen has.  Adopted citizens do NOT have all the same rights every citizen has.  

I was relinquished at 13 months.  My record remained unsealed and remained mine.  If I'd never been adopted, it would have never sealed.  At two years of age, I was adopted.  Upon the finalization of that adoption, the adoption records sealed.  Included in that file, was my original birth certificate.

So, short answer noted, I will expound with more information about equal rights and about 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.

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.

ETA:

Mom5grlz,

Okay, see, you're being logical, sensible and practical.  Try to pass THAT on to legislators.  LOL  Loved your response!

Answer 3

If the birth mother agrees to an open adoption, the records are open.  If not then they are sealed.  Open adoption are extremely common in this day and age.  The research shows there is much less trauma for the adopted child if they know where they come from.

Open adoptions also take much of the mystery and stigma away from adoption.

Answer 4

My personal opinion is that adoption records should be open.  Every person has the right to go to their local court house and be able to get his/her original birth certificate.    By this I mean their actual biological parents who were responsible for bringing them into this world.  It is their roots.  

Adoptee's are not always children, and they are not second class citizens.  When one segement of a population are denied their constitutional rights every one of us lose.  It is a matter of constitutional rights.  

Birth records were not always sealed,(Michigan)  there was a period of 35 years that they were sealed and now are open for adoptee's after the age of majority.  Birth parents have the option of denying adoptee's access if they so choose.  What makes that period so special that adoptee's rights have been circumvented?   I believe that the adoption industry has a lot to be held accountable for within this 35 year period.  Please do check out the website for Michigan Right to Life.  I did and was appalled to find out that they promote adoption aimed at low income women and especially those that are on assistance from the state.  WHY?

I read an answer just awhile ago that said (not verbatim) that if a mother gave up her child and then went on to get married and didn't tell her husband about it that it would create a lot of problems for them if the child showed up 20 years later.  (The bill in Michigan again gives the biological parent the right to say yea or nay).  Whew - that blew me away (not being mean), I was literally blown away by the assumption that a wife who did not tell her husband about having a child was more important than an adopted citizen looking for their roots.

Answer 5

First, show me a right to privacy ANYWHERE in the US Constitution.

You won't be able to find it, because there ISN'T ONE.

There is an amendment about Search and Seizure, but there is no "right to privacy."

Are you able to go to the registrar, or county courthouse and get a true and accurate accounting of the details of your birth?  Then why shouldn't I be able to do the same?   Why shouldn't my son be able to do the same?

Amended BC's are for the convenience of adoptive parents, so that they don't need to keep explaining why this child is in their custody.

SEALING BC's started in the 30's, (My FIL has his OBC, and was adopted in MN in 1933) MN was one of the first states to seal adoption records.

This was done NOT to protect birthfamilies, but to protect children from the stigma of illegitimacy.

Answer 6

Natural parents have no right to privacy.  Just because they relinquished does not mean they wash their hands of their child forever.  In the USA we have free association.  This means that anyone can look us up and talk to us.  Where is my four year old's right to privacy?  Someone can access her birth certificate and track her down.  Same goes for me, my mother, my father, my brother....etc etc....but people relinquished as children are viewed as criminals who cannot be trusted with their natural info??????  Complete strangers can find us, so why should an persons "adopted" status change that free association?  And who told you natural parents have a right to privacy?  No such right or law exists.

And to the first poster of this question....no matter if the adoption is open or closed, the natural parents cannot change their mind once its finalized.  So to say that its closed so they cannot change their mind is stupid.  It doesn't make any sense.  Even if they have open access to their relinquished child, they cannot change their mind.  That's why it can take months to finalize an adoption, to ensure the natural parents are sound in their decision.  Perhaps you should research adoption a bit more before making an uneducated assumption.

Answer 7

Laurie's answer is awesome!

No mother was promised anonymity.

No paperwork is signed.

No one can show a piece of paperwork stating that any mother has anonymity.

Mother relinquishes - and records stay open.

If the child is never adopted - but stays in foster care - the records stay open.

Child is adopted - records are sealed - forever - unless adoption is overturned - then records are open again.

The mother giving the child up - has nothing to do with the sealed records in the first place.

Sealing of records for life - also makes out that the adoptee is never old enough to handle said information within the files - thereby - making out that the adoptee is a dangerous person - or just never adult-enough in the eyes of the country.

ALL records should be open.

Adoptees should have the right to know why their adoption took place, who their parents are, how the consent was taken - including information of counseling sessions given to the mother etc - in fact - just about everything pertaining to the relinquishment and adoption - should be available. (it is in Australia - has been since the early '90's - no major crime reported by adoptees since that time - snark - yes - but really I find it quite insane that records are still sealed in these times)

If records are open - then the lies and secrets can be weeded out.

Adoption agencies would be held accountable of their own actions in talking women in to or away from adoption.

Adoption agencies make BIG BUCKS - they want the records to remain sealed to protect their interests.

Sealed records has NOTHING to do with the mothers - but the adoption agencies want everyone to believe that - as it helps their cause - tremendously.

They have you fooled.

(no insult meant - but I hope you get what I mean - the propaganda on this issue is just amazing - as the NCFA (HUGE adoption lobby group) has an amazing budget to advertise on boosting adoption rates - and keeping the dollars rolling in)

THEY are the one's that want the records sealed - NOT the mothers.

Think for a moment - adoption is praised as the 'loving choice' if a women can't parent.

Why on earth would such a 'loving' mother want to seal away the adoptees former existence - so that they can never be found again???

The answer - most would never want this - and most DO NOT want sealed records.

Answer 8

There has been research done on this. The Evan B. Donaldson Adoption Institute, founded in 1996, is a national not-for-profit organization devoted to improving adoption policy and practice.

You can read their report 'For the Records', which is available on the web at

http://www.adoptioninstitute.org/researc...

My bottom line is this - to allow unrestricted access to birth certificates for one group of people, while placing conditions and restrictions on another, is discrimination.

Answer 9

people want them open so they can find there parents but the parents may not want to be found.

Answer 10

I think adoption records should be open but only the information in regards to family health history, nationality, culture but the names and contact information for the birthparents shouldn't be open unless the birthparents agree to it.  But I do think that adopting families should be able to get as much family history as possible for health reasons including mental health and physical.  Also I think if there are known siblings that information should be listed too but not with names of the siblings because some people don't know they are adopted.

Answer 11

by best friend was adopted and her records are closed.  The good thing about closed adoption is that the parents cant turn around and say OH  i change my mind I want my baby back.  BUT!!!  because her adoption was closed she can not find out ANY history of her parents, such as medical history.  So pretty much she knows nothing about her medical back ground, what she is prone to or anything.  That is the only reason why I say open adoptions can be good because I feel once the child is old enough (18) he/she should have the right to know her medical history and have the right to know who her parents are even if they want nothing to do with them

Answer 12

I wasn't adopted--the father of my children was... My children wanted to know about their history as much--no more--as their father did....

In fact, we adopted our children via Foster Care and part of the Home Study included interviews with my nearly adult children... My son came home with all the details about how to access the Oregon Open Birth Cirtificates because he wasnt that interested in telling them about what a wonderful mom I was--He was happy to talk with an adoption official to find out what His rights were!

My kids wanted to know where their roots were... They grew up with 1/2 their medical history--half of all those Forms Left blank or with the word N/A or with having to write My dad was adopted... The Family Tree at school was a Their problem too... the 8th grade genetics project was their problem too and They WERE NOT even adopted...

The Lack of info--the lack of history did NOT only effect their daddy--it effected them, their children and half of what they knew about their lives...

That is Crazy!

I thought it was crazy the moment I was pregnant and had to complete the very first medical form for my children... I wasn't even Adopted and the fact this info wasn't there Effected ME! The only thing I thought was kinda nice is that I only had to do half the paper work all the time...otherwise this lack of info was My reality--my childrens reality and my Grand Children as well (when they get here)

No the actual Original BC didn't give us any info that would change these things....but, Finding his birthparents a few years back sure as heck filled in a lot of missing blanks...

First of my son's large stature did not come from My Fat Aunt on My side of the family as he is the spitting image and build as his biological grandfather and Looks just like his bio Uncle it is amazing--so my big sized Aunt is off the hook and I frankly resent my ex for blaming her!

Second--I nearly demaned a full investigation including the FBI when I woke up after a c-section and they handed me my second born child...There was NO WAY that baby came out of me...She was dark...different...long legged...lanky and had the Wrong Color of eyes.... they must have switched her because My Family doesn't have babies that look like that! Then I spotted her lips and decided she had to be mine...

20 some years later she stands next to her Biological grandmother and OH MY GOODNESS she looks more like her daughter then mine! Wow.... who would have ever imagined...?

When my older children were growing up they were very close with their cousins... My ex and his sister were both adopted--and his sister also married an adopted man... When we were together I would remark "She must have got that from my mother...." and then realize I was the only one in the room who could even say such a thing about My child...The other 3 parents with me--could not even think such a thing.....

I don't see why the protection of one person who made a decision should have to effect every future member of generations to come... their spouses and all of their families... My mom always felt out of place--like she couldn't say, "Oh Sean sure does remind me of My dad's disposition" because that might hurt someone--that might hurt my kid as my kid had no reason to believe it was My Mother's dad or an unknown person...

I think it became real to me when I told My children their father was adopted--we didn't ever really think about it much--and it didn't seem like an issue--and it wasn't that they were adopted...so we never really thought much about it...

Until he was about 8 and we visited my aunt and she was showing the kids pictures--one of my cousins picutres came up and my aunt said, "This is the day we adopted Juilie, she was adopted just like your daddy."

He was horrified...the only words he could speak were, "Does that mean Grandma is not really my Grandma?"

I did everything I could to see Oregon Open the records...becuse the secrets, the lack of history and the truth mattered to More people then just the adopted person and the mother who gave him life.