The Complete Guide to Adoptee Rights and Original Birth Certificate Advocacy
Amanda's Guide to Adoptee Rights Legislation
It's Your Birth. It's Your Record. It's Your Right.
To view a PDF of this document, click here.
What
is “Adoptee Rights?”
|
“Adoptee
Rights” refers to the movement that seeks to restore retroactive access of
adult adoptees to their own original birth certificates (OBCs) through
“Access Legislation.” Over 6 million
U.S. born adult adoptees have difficulty accessing the birth certificate they
were born with. This is because laws
in 44 States do not allow adult adoptees to access the birth certificates
they were born with the same way all other citizens do.
|
How
is “Access Legislation” different than “Open Adoption?”
|
“Open
adoption” is a term that refers to contact arrangements made between the
original parents and adoptive parents of an adoptee who is under the age of
18. “Access Legislation” refers to
bills and laws that allow adult adoptees the same access to their OBCs that
those who are not adopted receive. OBC
access is about the right to equality.
It is not about search, reunion, or contact arrangements.
|
What
States & countries treat adult adoptees equally?
|
Alaska and
Kansas have never sealed the OBCs of adoptees. Maine, New Hampshire, Oregon, and Alabama
have restored equal OBC access to adult adoptees. Other States, such as Rhode Island,
Tennessee, and Illinois, allow access with minimal restrictions. Globally, equal access is given to adult
adoptees in places such as Alberta, Australia, Argentina, British Colombia,
Brazil, Denmark, England, Finland, Germany, Israel, Mexico, Newfoundland,
Northern Ireland, Norway, New South Wales, New Zealand, Ontario, Scotland,
the Netherlands, South Korea, Venezuela, and Wales.
|
Who
supports Adoptee Rights & Access Legislation?
|
Several major organizations support Adoptee Rights:
Holt International, National Association of Social Workers of Pennsylvania,
The Evan B. Donaldson Adoption Institute, North American Council of Adoptable
Children, Child Welfare League of America (over 800 member agencies), Parents
for Ethical Adoption Reform, The National Adoption Center, Spence-Chapin,
Concerned United Birthparents, and several major religious groups such as the
Episcopal Church and the Presbyterian Church of America
|
Who
opposes Adoptee Rights?
|
A small
number of adoption facilitators, lawyers, and special interest groups oppose
Adoptee Rights. The opposition
typically consists of a few religious entities, Pro-Life organizations, and
various branches of the UCLA. The support or opposition offered by these
groups varies by State. The only national organization that
opposes Adoptee Rights is National Council for Adoption (NCFA), which has over
60 member agencies. One of the larger
NCFA agencies, Holt International, publicly supports Access Legislation.
|
What
the consequences of unequal treatment for adult adoptees?
|
Laws that
do not allow adult adoptees equal access take a problem-focused approach that
pathologizes being adopted. If we
believe that adoptees have strengths and good qualities, our response should
be to treat them as such, rather than create barriers that stigmatize and
question their desire to access their birth records.
|
Information
relating to one’s race and ethnicity are often incorrect on the amended birth
certificate. By preventing adoptees
from accessing the correct, original document, adoptees are robbed of their
heritage.
|
An
increasing number of adult adoptees have difficulty meeting identification
requirements presented by government offices.
Voter ID laws, passport requirements, driver’s license requirements,
and job security clearances present challenges to many adult adoptees who
cannot access their OBCs.
|
American
Indian adult adoptees, and their future generations, are denied membership
and benefits from their tribe of origin because they cannot prove they were
born to a tribe member without their OBCs.
|
Despite
the Hague Convention’s requirement that inter-country adult adoptees be given
their original information, these adoptees are often still blocked from
access because of the birth record access laws in the U.S. State they may
have been re-adopted in.
|
Answering the Myths & Stereotypes
Myth
#1: “Confidentiality in abortion means anonymity should be offered in
adoption.”
|
Abortion
is a decision about pregnancy.
Adoption is a decision about parenting. Confidentiality is guaranteed to women in
abortion because of privacy in health care.
“Anonymity” through unequal access to OBCs for adoptees suggests that
one citizen (the mother) should control how the government can treat another
citizen (the adult adoptee). These
issues should not be seen as one in the same.
|
“There can be no legally
protected interest in keeping one's identity secret from one's biological
offspring; parent and child are considered co-owners of the information
regarding the event of the birth." Federal
Register, Model State Adoption Act, 1980
|
Myth
#2: “Access Legislation will increase abortion rates.”
|
States that restored access to adult adoptees show
a decline in abortion rates after the implementation of the legislation. The American Adoption Congress, Abortion and Adoption Data from States
Who Have Enacted Access, 2010
|
States that never restricted adult adoptee access
have adoption rates and abortion rates that are comparable to the rest of the
U.S. The American Adoption Congress, Abortion and Adoption Data from States
Who Have Enacted Access, 2010
|
A recent survey of women who had abortions and
also considered adoption did not mention desiring anonymity in adoption as a
concern. However, the women did report that the idea of one’s child
being out in the world without them made adoption unfavorable. The Guttmacher Institute, Concern for current and future children: a
key reason women have abortions, 2008
|
“[A]lmost no women choosing adoption today seek
anonymity or express a desire for no ongoing information or contact.” The Evan B. Donaldson Adoption Institute, Safe-guarding the rights and
wellbeing of birthparents in the adoption process, 2006
|
Should any correlation between Access Legislation
and abortion rates be made, it would seem that opening access is
statistically more likely to have a positive impact on abortion rates than
continuing discriminatory access policies would.
|
Myth
#3: “Access Legislation violates the ‘confidentiality’ of original parents.”
|
The
amending and sealing of birth certificates was designed to hide the identity
of the adoptee, not the original family.
|
The most
prevalent types of adoption prove that sealed birth certificates have nothing
to do with “confidentiality.”
Step-parent adoptees and foster care adoptees are already likely to
know their original information and original family, even with sealed OBCs. The Hague requires that original
information be given to inter-country adoptees. Yet because of a tiny portion of adoption
(private, domestic infant adoption), we are asked to believe that OBCs are sealed
for all due to the “anonymity” or “privacy” of original parents.
|
"There has been scant
evidence that birthmothers were explicitly promised anonymity from the
children they relinquished for adoption." Evan B. Donaldson
Adoption Institute, Policy perspective: for the records, 2007
|
The
adoptee is a client of adoption. It is
unethical for adult adoptees to be held to alleged agreements made on their
behalf as children when they were unable to consent.
|
Combined
statistics from Access States that keep track indicate that less than 1% of
original parents have a preference for anonymity. The American
Adoption Congress, Statistics for
state implementing access to original birth certificates (OBC) laws since
2000, 2011
|
A birth
certificate is a government-maintained document. Its release is not seen as a “privacy
issue” for those who are not adopted, even if they have sensitive family
issues.
|
Let’s
Solve This Issue
Mutual
Consent Registries are NOT the answer.
|
Mutual
consent registries do not address an adult adoptee’s entitlement to be
treated equally under the laws of their birth State.
|
Mutual
consent registries are known in the adoption community for their ineffectiveness
and low match rates. Also, parents or adoptees who have died or do not know
the registries exist cannot register.
|
Adult
adoptees are not children. They should
not have to ask their parents for their own birth certificate when this is
not required of other citizens. This
is demoralizing.
|
Not every
adoptee wants to reunite or wants their original parents contacted. Many adult adoptees want their original
birth certificate simply because it belongs to them.
|
Proponents
of mutual consent registries not only ask the State to treat its adopted
citizens unequally, but they essentially suggest that it is the State’s job
to micromanage its citizens’ relationships.
|
What
about search, reunion, & family medical history?
|
OBC access
is not about search, reunion, or family medical history. Of a sample of adult adoptees who accessed
their OBCs in Oregon, 15% of the adoptees were already reunited. Of those who intended to use their OBC to
search, and also ask for medical information, 53% were unsuccessful
in locating the person they were looking for (it is important to also note
that not one adoptee who made contact had a negative experience). Rhodes, Barfield, Kohn, Hedberg, & Schoendorf, Releasing
Pre-Adoption Birth Records: A Survey of Oregon Adoptees, 2002
States
concerned about adoptees’ family medical history and reunion should address
these issues separately, and provide assistance in these matters as an
optional resource. This is to
ensure that this vital information can be shared effectively between adoptees
and their original families. The fact
that family members might not be ready for reunion or information sharing
should never negate the State’s duty to treat its adopted citizens equally
under the law.
|
WHAT
ADOPTEE RIGHTS ADVOCATES WANT: Adoptee Rights Model Legislation
|
Maine’s
Access Legislation should be considered the “model” for all other States
implementing access. This law most
adequately addresses this issue and the concerns voiced by Adoptee Rights’
opposition. Maine’s law allows adult
adoptees equal access to their OBCs, and it allows original parents to state
a preference for contact. This Contact
Preference is included along with the copy of the OBC to be given to the
adult adoptee. Contact Preferences are not legally binding, and have
successfully aided States in treating adoptees equally while giving adoptees
information regarding their original parents’ boundaries. Original parents can also fill out a medical
history form. The bill that restored
the right of Maine-born adult adoptees to access their OBCs can be found here.
|