Why does adoption law itself show that there is no birthparent anonymity?

Question

If there is some sort of extra right of anonymity for first parents, then explain how adoption law itself, as outlined below, proves it.

1.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.

Answer 1

The ADOPTION law does not address anonymity except by addressing what court documents can and cannot be sealed.  It is the law that protects sealed court documents that then protects the anonymity of the biological parents IF they requested the relinquishment and adoption be sealed.  Records CAN be unsealed if done in the ways the law perscribes, which is what adoptees should do.  Then a judge (an impartial observer) has the ability to decide whose "need" is more pressing.

Answer 2

I don't know what the laws are in other states, but in my particular state, I could only get the information I requested as long as BOTH the adopted child and the birth parent requested the information.  The Health Department would not release any information on the adoption unless the child's request met up with the parent's request and then the documents were released to both at the same time, which [in my case] was about a three month process, but, in the case of my birth parent, it took a lot longer for her to receive any information on me, because she requested the information years before I submitted my request.

The birthparent's anonymity is [was] protected in my state, along with my anonymity.

Answer 3

I don't know where you found the law that says if an adoption fails then the adopted parents return the child. This isn't happening all over the US. As far as father's rights there is non. Even if the father signs the register in the state time limits his child could be taken for a real long time.

  Things are not going to change until adoption agencies loses all the power they have. Most adoption might be done right and all is good. Adoption agencies can even have where a man's child sealed in court records when he's asking where his son is this really happened ,at the point where the father asked the child was 3 months old . This father asked over and over again then finally found out when the child was 16 months old.

So I never see where adoptees will ever get their records until adoption agencies lose some of their powers

Answer 4

I remember some opponents to a New Jersey open records bill stating that NJ law supports the birth parent right to privacy, confidentiality, anonymity (three different things that are used interchangeably).  They cited certain NJ Statutes - which I looked up.

The cited statutes were all about the sealing of adoption records (on adoption, not relinquishment) and creation of the amended birth certificate.

So, even when someone actually cites a state law supporting birth parent (flavor of the month) anonymity - the law they cite says nothing of the kind!

Answer 5

I asked a similar question yesterday.  

I simply asked if anyone could provide actual proof, a link or an actual quoatation from state or federal law, stating that there is guaranteed protection of birthparent privacy.

I'll give you one guess as to how many people were able to give me an actual law that states that...I'll even give you a hint, it starts with "Z" and rhymes with "hero".

Answer 6

Where I live records are open but only to adoptive parents, never to adoptees, never to natural parents, but it cost my adoptive parents a mere copying costs to get my entire file.

Answer 7

There is no right to birth parent annonymity.  In fact Court rulings in Oregon and Tenessee state just that.

Sealed records are a remnant of the past that need to be done away with in our day and age.  If people researched the original purpose of sealing records, they would see that birthparent annonymity had nothing to do with it; quite the opposite in fact!