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The Open Records Debate - Part 4 - The Argument for Compromise

Part 4: Voices for Compromise

More of this Feature • Part 1: The Issue • Part 3: Against • Part 4: Compromise     Related Resources • Access to Information by State • Open Records Resources • Sealed Records: The Last Stigma • Suckerpunch • Openness in Adoption • Who Decides for Me and My Child? • Why Adoptees Search    Elsewhere on the Web • Bastard Nation • National Council for Adoption

Hardline supporters and opponents of open records would rather withdraw proposed laws than compromise their demands. However, other reform groups that sponsor new legislation have negotiated compromise restrictions or conditions in order to make what they believe to be solid forward progress.

Mickey LeClair, of the Washington Adoption Reunion Movement, echoes the most frequently heard statement, "It's frustrating, but it's better than nothing."

But at what price? You be the judge.

Vetoes and Intermediaries

Contact vetoes, disclosure vetoes, and confidential intermediaries are the most commonly debated compromise measures.

• A contact veto can be filed by a birthparent or adoptee to prohibit contact. If contact is made, deliberately or inadvertently, it is a criminal offense. Contact vetoes are similar to restraining orders, but do not require any previous threatening, annoying, or intrusive behavior.
  
  The veto by itself does not prevent an adult adoptee from obtaining original birth documents.
  
  Contact vetoes do not offer enough privacy for open records opponents, and are offensive to hardline supporters.
  
  
• A disclosure veto is a document filed by one party to an adoption to prevent release of identifying information to another party.
  
  Simply put, this type of veto allows one person to control the information released to anyone and everyone else connected with that adoption.
  
  
• Confidential intermediaries (CIs) are individuals licensed by the state (where this is legislated) and hired by an adoptee, birthparent or adoptive parent to act as go-betweens for triad members.
  
  This Search and Consent measure is for those seeking reunion. It is intended to bring people together who want to be reunited, and to maintain confidentiality for those who do not.
  
  This type of compromise is regarded by some as an affront to the pride, dignity, and self respect of the entire adoption community.

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Since adoption law varies from state to state (and in the case of Ohio, from county to county), you should check your local statutes to learn more. The only states that currently allow equal and totally unrestricted access to original birth certificates for adult adoptees and non-adoptees alike are Alabama, Alaska, Kansas, and Oregon.

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Would you pay the price of compromise? Would you "settle for less" in order to get more reasonable laws on the books, with the hope that future legislation would meet all your demands? Or is the sacrifice too high a price to pay?

Part 1: Overview: The Issue
Part 2: Voices For Open Records
Part 3: Voices Against Open Records

© Nancy Ashe

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