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

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.

2008-02-07T08:22:07Z

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?

2008-02-07T08:24:32Z

6. This one isn't law, but it happens. Parents considering relinquishment, but who have been concerned that they may never see their child again have been told not to worry because when their children reach adulthood, their child could receive their records, thus allowing them to reunite.

2008-02-07T08:25:37Z

I meant, allowing them to more easily reunite.

2008-02-07T09:10:19Z

Dark eyes:

Court order still allow it. Also, how does that explain the other legal issues that absolutely do not protect some sort of "anonymity?"

Sam:
Sorry about your grandchild. I should be clearer when I said "returns the child." I don't mean they return the child to the natural parents, I mean they "return" the child to the state. After relinquishment and before an adoption is finalized, the state is the legal custodian of the child. No, failed adoptions are rampant, but I personally know of 2. Also, there have been news stories lately of some failed adoptions. Very sad.

2008-02-07T10:13:35Z

Joy,
Court orders can open the records to adoptees.
The question is how do the various laws listed show proof of birthparent anonymity? There are 5 laws listed.

2008-02-07T10:26:00Z

Also, in response to Joy's response. With records being available to adoptive parents so easily, how does this protect so-called birthparent anonymity? It DOESN'T.

2008-02-07T10:52:20Z

Oh, my goodness. My sincerest apologies to Joy M., as I totally misinterpreted your response. (foot in mouth.)

Also, thank you for showing that there is no birthparent anonymity under the law, as your aparents could so easily get records.

2008-02-07T23:43:30Z

Little Jaina,

If the law is about "birthparent anonymity" then how do the other laws here fit in with this concept? Do your research on the history of sealed records and you'll see birthparent anonymity has nothing to do with sealing records. That is why the rest of adoption law CLEARLY doesn't protect it.

Romany2008-02-07T14:40:14Z

Favorite Answer

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!

sam222542008-02-07T09:04:34Z

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

Anonymous2016-04-10T04:53:18Z

I'm a birthmom. Closed adoption in 1972. Unwed, pregnant teen. Boy friends parents were shamed by what we did, they wanted an abortion, it was illegal and too late. We were told that she would be better off with an older married couple. No one was willing to help. WE WERE COWARDS and did what we were told. They figured with no baby their son would find a more suitable wife. They thought I came from the wrong side of the tracks. Ha ha on them, we married 1 1/2 years later and we have been married 37 years. In 1977 we had a son. In 2001 we found our daughter, my inlaws were not happy and thought we should have let it be, but they have come around. They had to overcome the embarrassment of telling their friends and family. My Mom was a single mom and didn't have much input, she is thrilled to have her granddaughter in her life. We did not have good guidance through our whole ordeal. At that time they were no statistics on the ramifications of how adoption would impact our lives. We were told that we would "get over it" that she would never know or care that we had abandoned her. Lies. I suffered for years before I got counseling. She is in counseling. I lived the secret and lies of adoption for 29 1/2 years. You are going to get a lot of stories on here and this is just mine.

littleJaina2008-02-07T18:38:42Z

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.

H******2008-02-07T14:51:07Z

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!

Show more answers (3)