The Open Records Debate
The Issue - SummaryOne of the hottest issues in adoption today, not only in the U.S., but around the world as well, is whether or not adoptees should have unrestricted access to their original adoption records when they reach the age of majority as defined by law in their state or country. In the U.S. and Canada, adoption law differs from state to state and province to province, and each jurisdiction treats this question differently.
In all states in the U.S., when adult adoptees go through the same process as non-adopted persons* to request a copy of their birth certificate, they receive an amended birth certificate which shows their adoptive parents’ names only. This document contains no information about anything pre-adoption: biological parents’ names, their own birth name if one was given, etc.
(* In "open records states," there is a separate procedure for requesting a copy of the OBC.)
What You Need to Know
The Positions
For purposes of this article, "open records" refers to records access by adult adoptees only (not birth parents and/or adoptive parents).
The three major positions (and there are smaller groups within each major area) are:
- In favor of unrestricted access by adult adoptees, i.e., apply and receive.
- Against unrestricted access.
- In favor of access by adult adoptees but willing to compromise and accept restrictions if it will help get laws changed.
Adoptees and Their Records
An adoptee’s "records" include:
- the adoption decree
- information about birth parents and their families gathered during pre-placement interviews
- the OBC
Open Records States
As of this writing, there are five states an adult adoptee whose adoption was finalized in that state with a copy of his/her OBC (and perhaps other information) on request, without restriction:
- Alabama
- Alaska
- Kansas
- New Hampshire
- Oregon
Several other states offer restricted access. Restrictions include vetoes, required parental permission even for adults, mandatory intermediaries, and open records for adoptees born only in certain years. Proposals to change the laws being considered in several states.
© Nancy S Ashe
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