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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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