The Open Records Debate, Page 4
CON: Against Open Records
What They Say
The main argument put forward by those who oppose open records is that birthparents do not want their identities revealed. Additionally, many feel that if the possibility of anonymity is not preserved, abortion rates will climb as women choose not to risk the chance that their information will be released. Many opponents do support the release of information by court order (as prescribed by law) and sometimes through the use of state-run mutual consent registries where information can be exchanged as prescribed by law if both parties agree.
The expectation of privacy: Opponents claim that many birthparents made their decisions based on the expectation, erroneous or not, of a lifetime guarantee of anonymity, even from their children.
The right to privacy: Open records opponents believe that access to their adoption records would violate birthparents’ fundamental right to privacy.
Abortion: Some believe that abortion rates will climb if women feel their anonymity cannot be preserved in an adoption placement.
Major Players
Compromise
What They Say
This group will accept compromise measures, including contact and disclosure vetoes, and confidential intermediaries, in order to get some legislative changes passed. This allows access to records for adult adoptees only after intervention by and/or receiving permission from someone else.
Why They Say It
This group supports open records but believes that any change to the law is better than none. "It’s better than nothing," is an oft-heard comment.
Major Players
It’s hard to name the major players in this group since individual legislative battles have sometimes resulted in compromise where none was expected, and other groups that were expected to compromise have withdrawn instead.
Additional Resources:
- A Brief History of Adoption Records, Part 1, by Nancy Golden
- A Brief History of Adoption Records, Part 2, by Nancy Golden
- A Brief History of Adoption Records, Part 3, by Nancy Golden
- A Search Triggers New Laws, by Adam Pertman, adoptive parent, author
- Adoptive Parents Are Overwhelmingly in Favor of Open Records, Cornell Chronicle
- Are You Ready for Open Records?, by Ellen Roseman, adoptive parent
- Open Records for Adult Adoptees, by Tim Roberts, adoptive parent, reunited adoptee
- Sealed Adoption Records: Knowing and Noing, by Douglas Loomer
- Who Owns the Rights to Information About an Adopted Child’s History?, by Adam Pertman, adoptive parent, author
© Nancy S Ashe
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