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.
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?
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.
I meant, allowing them to more easily reunite.
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.
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.
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.
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.
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.