With such a HUGE majority of support for open records by all sides, why do you think records are still sealed in 44 states?
What do you believe the are the reasons for refusing to allow adoptees access to their records?
2008-04-12T22:45:18Z
A few more details: I was reunited with my first mom in 1983. She has since passed away. Still I'm not allowed to have a copy of my original birth certificate, or any birth records (time of birth, etc.) which weren't changed until after I turned 3.
I know my first mom's name. I know her birth date. I knew HER. In fact, she wanted to get a copy for me before she passed away, but wasn't able to. I've met several siblings. I know who they ALL are. I even know their birth dates.
So refusing to allow me access to my records is no longer about my first mom's anonymity, which she NEVER ASKED FOR in the first place. She didn't want to disrupt my life (by searching for me), but she was thrilled when I found her.
Who exactly is being protected by keeping my original birth certificate and records sealed?
2008-04-12T22:46:36Z
PS I did not "choose" a closed adoption. In fact, neither did my parents (any of them). They were TOLD not asked.
LaurieDB2008-04-12T17:37:45Z
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Open records is not about reunion.
Firstly, open records are NOT the same things as open adoptions. This is a point of confusion that I see hear from time to time. A person assumes that the records are open in an open adoption and closed in a closed adoption. This isn't so. Adoption records are sealed at the time an adoption is finalized in all states. The original birth certificate happens to be in the adoption file. Upon reaching adulthood, adopted persons have various means by which they can access, or attempt to access, the original birth certificate.
Consider also that:
1. The original birth certificate (OBC) is NOT sealed when a child is given up for adoption. It is only sealed if an adoptive placement occurs and is finalilzed by the court. It is UNSEALED if the adoption fails. None of this has ANYTHING to do with the parents who gave the child up. There IS no anonymity for them by the very nature of how relinquishment and adoption work. So, for anyone who thinks it has something to do with a right to anonymity, it does not. There is no right to anonymity under the law anyway.
2. Reunions happen all the time whether records are sealed or unsealed. If open records were about reunion and "protecting the identity" of parents were relinquished, then why can a person who has always known his/her first parents have their OBC. Why can a person who has achieved reunion not have his/her OBC? It's not about reunion. It's not about "anonymity of identity."
You have pointed out that the majority of people support open records. This was shown to be the case when Oregon voters voted to reopen records to adult adopted citizens in 1998. But, this is not such a simple situation, as there are those who are highly invested in keeping records closed.
If it were as simple as sealed records being just an archaic law that hasn't come off of the books in 44 states, then why do agencies fight like the devil to keep them closed? Agencies such as the very powerful Gladney Center in Texas, many LDS and Catholic agencies and others fight hard whenever open records legislation is brought forward in states that do not give adopted citizens equal treatment under the law.
Reopening records (at one time they were open in all states) isn't about reunion. It isn't about medical information. It isn't about genealogy. It's about adopted citizens -- citizens just like all other citizens in every way except that someone happened to adopt them -- being denied equal treatment under the law.
The laws have changed in the UK so that people can access their records. I'm an adoptee and have done the whole 'applying for records and searching' thing (and found my birth family, although my b.mother had already died).
The reasons for refusing are that when the adoption happened, it was agreed by all parties that the new family would be the permanent family. Neither birth or adoptive parents believed that there would be future access and the door would be always closed. I know that my adoptive dad doesn't like the fact that the law changed - as far as he is concerned, I am his daughter so what does it matter about the birth family. He still doesn't know that I am in touch with cousins etc. I strongly believe that adoptees have the right to know their history, and records should be open.
Those are awesome statistics! Wow! I never dreamed there would be so much support from adoptive parents. It's not at all surprising about the adoptees or first parents. So, like you said, what it the world is keeping these other states from passing laws to help adoptees find their first families? That's a puzzle to me. Is it just a matter of not having the political clout to be heard by those few in power? I am new to all of this, and don't know what is being done to get the attention of the lawmakers. Something sure needs to be happening. I know there are some adoptees on this site who are actively working on this; I just don't know exactly what has been done, and what kind of political groups are out there. I'm glad you shared those statistics. That is amazing!
Thanks for the stats. I suddenly remembered that America is a democracy. If the majority of people in adoption want open records then the records should be open.
For the few who still hide behind the first mother wanting anonymity myth, i would say this: Let those 1 or 2 first mothers who believe they want lifelong anonymity from their children drop their children off at the hospital. I believe no parent has the right to anonymity, its just not fair and not healthy for the children involved.
I for one want equal right for every single American citizen. It sounds like the general public needs to be told the truth to stop the myth. Then finally sealed records will be a thing of the past.
**Idea start a website that adoptees, first parents, and adoptive parents all state their support and reasons for wanting open records. Print it in book form and hand it out to every politician we see, do you think then they'd get the message??
I know this doesn't really answer your question, but...
Have you ever noticed that the people in favor of Open Records have statistics and facts to support their claims that Open Records are overwhelmingly accepted by the people actually affected by adoption?
AND
The people in favor of Closed Records ramble on and on about what if's, rumors, and a legally incorrect interpretation of "right to privacy"?
Closed records are a good cover for unethical or out-right illegal adoptions.