Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

LaurieDB asked in Pregnancy & ParentingAdoption · 1 decade ago

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.

Update:

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?

Update 2:

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.

Update 3:

I meant, allowing them to more easily reunite.

Update 4:

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.

Update 5:

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.

Update 6:

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.

Update 7:

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.

Update 8:

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.

8 Answers

Relevance
  • 1 decade ago
    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!

    Source(s): Adult adoptee
  • 1 decade ago

    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

    Source(s): Grandmother of child stole through adoption by the The Church Of latter Day Saints family services.
  • Anonymous
    5 years ago

    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.

  • 1 decade ago

    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.

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    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!

    Source(s): American Adoptee in the UK
  • Lillie
    Lv 5
    1 decade ago

    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".

    Source(s): 34 yo reunited adoptee.
  • 1 decade ago

    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.

    Source(s): adult adoptee
  • 1 decade ago

    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.

Still have questions? Get your answers by asking now.