The Open Records Debate, Page 4

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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.

Why They Say It

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have sometimes resulted in compromise where none was expected, and other groups that were expected to compromise have withdrawn instead.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

Comments

I was adopted in central Indiana in 1988, 2 days after my birth. It was a closed adoption. Around the age of 10 when I learned to use the Internet, one of the first things I did was e-mailed the adoption agency my parents worked with. At that age, as deeply as I loved my adoptive parents, I absolutely needed to know who my birth mother was. It was not at all that I wanted to live with her or even meet her. All I wanted was to know her name and see a picture. I yearned to see why my eyes were brown and why my hair was so fine. Not knowing where you come from is one of the worst feeling in the world. There is a void in my life that will never be filled.

Should I meet my mother, and she shuns me, that's okay! However, it is my RIGHT! NOT A PRIVELEGE! NO ONE should get to make that decision for me! I am certain that the men and women who make these laws know exactly what their heritage is. They cannot even BEGIN to comprehend the pain we all feel! What about our birth parents? Do they not have a right to know the flesh of their flesh?! We have the right to know each other! Parent and child. This is the most sacred connection other than that of the Almighty Father. WHY on Earth should ANYONE get to make that decision other than us?! If the law was made to protect adoptees from the pain of rejection, that is completely absurd. We should be able to choose whether or not we meet our BLOOD family! I cannot stress enough that this decision is not for ANYONE to make other than us!

I do agree that if the birthparent chooses to be anonymous to his/her child, the adoptee should not be able to contact that parent. However, I do believe that the adoptee should AT LEAST be able to see a picture and be offered some information about their ancestry and a DETAILED, updated medical history. The laws must change. Adoptees do not deserve this anguish laid upon their shoulders because of someone elses decision. It is not our fault. We all deserve better.

Posted by: Hillary473 at 04/24/2008 01:19 AM

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