Sealed Records: The Last Stigma, Page 2
What The Courts Have Ruled In Tennessee, the
State Supreme Court ruled:
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 courts in Oregon focused on the claim made by six birthmothers: that they were promised confidentiality and open records violated that promise.
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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Comments
I believe in adoption only under certain circumstances, but I don't believe in a parent giving up their child because they don't want them and what not. If you don't want kids, get on birth control and use condoms. That's what pretty much happened with my mother; she gave up my brother who is only three days short of two years older than me. I can go all the way back to when I first started speaking that I wished I wanted an older brother. It wasn't until I was about eight-years-old that my aunt "accidentally slipped" and told me. I apparently wasn't supposed to know I had an older brother out there in this world and I simply felt betrayed by that. I'm very close to my family and ever since I've known about my older brother, I've been trying to find him. Then, my mother goes and tells me that my brother's adoption took place in court and the adoption records are sealed; only my brother can access it and choose to find my mother, if he wishes. He'll be 21 three days after I turn 19 this year in May and I'm pretty sure that if he was going to look for my mom, he would have done it already. It's very heartbreaking and devastating to know I can't find my brother, so I absolutely don't believe in sealed adoption records. I think all adoptions should be open and I think all children who are adopted have the right to know who their biological family is.
Posted by: Missy at 04/04/2007 01:05 PM
Keeping records sealed is just a way to cover up the shame and fear that is associated with many adoptions. I believe that it is the adoptee's right to know who their birth parents are. Whether or not they choose to search for or locate their birth parents after this is up to them. It is imperative that adoptees have medical information that could be a matter of life and death. I know that in some cases it may be extremely difficult for a birth parent to have a relationship with their child, but the shame and fear can be eased somewhat with being truthful and open with each other.
Posted by: culinary at 12/01/2005 03:25 PM
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