The Open Records Debate - Part 3 - The Argument Against
Part 3: Against Open Records
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Opposition to open records is based on the premise that many birthparents do not want their identities revealed; that many made their adoption decisions based on what they believed was a lifetime guarantee of confidentiality and privacy, and that giving adult adoptees unrestricted access to that information would violate birthparents' right to privacy.
The National Council for Adoption (NCFA), a Washington-based affiliation of adoption agencies and attorneys, is a leading voice against open records. Former NCFA president, William Pierce, presented the group's position during a PBS program examining the issue:
"Tens of thousands of people... made important life decisions based on the fact that there was an expectation of privacy and confidentiality." And he added, "If you take a look at the people today who are adopting children from other countries and you ask them why... when we've got kids that need families here, they're saying it's because I don't want somebody showing up on my doorstep."
The American Center for Liberty and Justice (ACLJ), founded by Pat Robertson, is another outspoken opponent of open records. ACLJ's Chief Counsel, Larry Crain, claims that if confidentiality cannot be protected, more birthparents will choose abortion or abandonment instead of adoption:
"In many cases, women choose adoption over abortion because they are guaranteed confidentiality and privacy in these cases." He added that states must "continue to safeguard the records of birth parents."
These groups, and others that are opposed to open records, are working to promote a nationwide uniform code of adoption law. The draft proposal, known as the Uniform Adoption Act (UAA), includes specific references to the treatment of adoption records, which can be found in Sections 6 and 7:
- all records pertaining to an adoption shall be sealed for 99 years following the adoption, [6-102],
- identifying information may only be released by the court under prescribed circumstances, [6-104], and
- disclosure of identifying information other than as defined in the Act, would be a misdemeanor for the first offense, a felony for any subsequent offense, with attendant fines and/or terms of imprisonment, [7-106].
A provision has been included in Section 6 [6-107] to allow release of the original birth certificate to a petitioning adult adoptee, adoptive parent of a minor adoptee, or direct descendant of a deceased adoptee, if "the individual who makes the request furnishes a consent to disclosure signed by each individual who was named as a parent on the adoptee's original birth certificate".
Others speak out
It should be noted that some adoptees and adoptive parents have also expressed objections to open records on the grounds that their right to privacy could also be violated.
From the Congressional Record:
On June 11, 1998, a subcommittee of the House Committee on Ways and Means heard testimony from witnesses regarding adoption reunion registries. At those hearings, the following individuals testified in favor of maintaining sealed adoption records:
- Hon. Tom Bliley, M.C., Virginia, an adoptive father, stated his belief that release of confidential information could be an "emotional and life-wrecking experience."
- Carol Sandusky, an adoptee, testified about her personal experience with "disruption and anguish" caused by the release of her confidential adoption information without her consent, and voiced her support of the UAA.
Others:
- The DeFazios say they chose international adoption to minimize the chance of a birthparent's claim on the child.
- The Dubuque Telegraph-Herald carried an editorial which suggests that if birthparent confidentiality cannot be guaranteed, abortion and child abandonment will likely increase. "The state (of Illinois) should be taking steps to make it easier to adopt, not considering a bill that would chill parents' willingness to allow a child to enter a better home - or to enter this world. "
- The Heritage Foundation states, in its position paper on welfare reform, that maintaining the confidentiality of`birth parent information is necessary to keep the number of abortions in this country from increasing.
- Adoptee Anne Harvey is adamant about her right to privacy.
Part 1: Overview: The Issue
Part 2: Voices For Open Records
Part 4: Voices For Compromise
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