Sealed Records: The Last Stigma, Page 2
What The Courts Have RuledIn Tennessee, the State Supreme Court ruled:
The courts in Oregon focused on the claim made by six birthmothers: that they were promised confidentiality and open records violated that promise.There simply has never been an absolute guarantee or even a reasonable expectation by the birth parent or any other party that adoption records were permanently sealed. In fact, reviewing the statutes of adoption in this state reveals just the opposite.
The court ruled that agency workers were not authorized to be agents of the State and make promises that would bind the State. They examined the adoption statutes and found nothing in the law to support the notion of life-long anonymity of birthparents.
In other words, promises cannot create new law, and unauthorized promises cannot bind the hands of legislatures or reverse the will of the people.
It should be noted that records are not sealed at relinquishment (when the birthparent(s) sign placement papers), but when the adoption is finalized. At that time, adoptees are issued "amended birth certificates" which show the names of their adoptive parents. If a relinquished child is not adopted, but remains in the foster care system, the records remain unchanged and open.
I'd Like A Copy of my OBC, Please.
Today, when an adoptee wants to obtain his/her original birth certificate, what are the options?
- Go To Court: Adoptees, birthparents, and adoptive parents can file a legal petition to open an adoptee's adoption records. If a judge determines that there is "good cause," the records can be opened for the specific adoption, or pieces of information from those records can be released to the petitioner.
- Open/Not Open: In some states, there's a jumping-jack kind of game for various time periods. In Ohio for example, adults adopted before 1964 can apply for and receive their OBC, and those adopted after 1964 can not.
- Parental Permission: In some states or counties, adult adoptees can obtain copies of their OBCs with parental consent, no matter how old the adoptee. California has several "open counties" where the original adoption records can be obtained by one or both adoptive parents. In Delaware, adult adoptees can receive copies of their OBCs with permission of their birthparents.
- Apply and Hope: In states with vetoes like Tennessee, adult adoptees can apply for the OBC. The State will then contact birthparents and offer the opportunity to file a veto.
- Kansas, Alaska, Oregon, and Alabama are remarkable exceptions. If an adult has the good fortune to have been adopted in any of these states, he/she may simply request and obtain a copy of the OBC.
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