Sealed Records: The Last Stigma
It's been over three years since we first looked at
the open records debate. During that time, several states have enacted new legislation or revised old statutes, and several others have pending bills or bills in the drafting process.
One long-awaited ruling came from the
Tennessee State Supreme Court which ruled that open records do not violate birthparent privacy, and adult adoptees may now apply for and receive their original birth certificates subject to vetoes carrying criminal penalties if signed by birthparents.
Legislation that was the focus of national media attention was Oregon's
Measure 58, which was approved by state voters in November, 1998, supported in two appeals, and finally
enacted on May 30, 2000. And in a surprisingly fast and quiet move,
Alabama opened records to unconditional access by adult adoptees, effective August 1, 2000.
Recapping the Issue In most states, American adult adoptees are not allowed unrestricted access to their original birth certificates, a right non-adopted citizens take for granted. Adults whose adoptions were finalized in Alaska and Kansas can receive a copy of their original birth certificates (OBCs) upon request, since these states never sealed their records.
The issue is not about adoptees and birthfamilies searching for and/or finding each other. For years now, search and reunion have been occurring regardless of open records laws. What adoptees choose to do - or not do - with information contained in their OBCs is
not the issue.
The issue is not about extending
new rights to anyone that infringe on the rights of anyone else.
The issue is about
restoring rights that were taken away from one specific group of people, and only in certain states. It is about the right of adult adoptees to have equal access to information about themselves - the same access afforded to all non-adopted adults in this country.
Open records legislation does not make documents or identities public; it only allows adult adoptees access to documents that pertain to them.
Why Were Records Sealed? Until the early part of the 1900s,
all adoption records were open. Starting gradually, and increasing in the 40s, and 50s, states (except Alaska and Kansas) sealed the records.
The intent of these laws was to remove the stigma of illegitimacy, not to protect birthparents. The laws were written to protect families and adoptees from public scrutiny, not from each other.
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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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