FAQ's
Will access to original birth information erode the relationship of an adopted
person with their adoptive parents?
- With a law that
gives adults access to their original birth records, nothing
changes while the adoptee is a child under the care of adoptive
parents. Birth information and contact with birth family does
not replace one’s relationship to adoptive parents but rather
leads to a more cohesive identity for the adoptee. Many therapists believe
the process of finding the past is so helpful to the adoptee
that it strengthens their relationships with their adoptive
family members.
Does access to original birth information violate the privacy of birth parents?
- Neither the constitution nor statutes define privacy as a right of a
parent to remain unknown to their offspring. Under this statute, the birth
certificate will be available only to the adoptee, giving the
adoptee the same access to original birth information that
non-adopted persons have.
- In countries
and states where records have been opened, a majority of birth
parents welcomed reunion. In Oregon, where a similar law
recently passed, more than 7, 600 adopted people have now
received their original birth certificates. Only 81 birth
mothers have requested no contact.
- Oregon District
Court, Court of Appeals, and Supreme Court, Tennessee
District Court, Court of Appeals, and Supreme Court, and the
Supreme Court of the United States of America have
all ruled that a birthparent’s right to privacy does not
supercede the rights of adopted adults to access their own
private information, and that adoptee access to birth records
does not violate birth parents' rights to privacy.
Will access to
original birth information encourage or lead to a rise in
abortion among women who have unplanned pregnancies? No
- Statistics show
that access to original birth information does not cause higher
abortion rates, nor does it lower adoption rates. The states with access to open records, Alaska
and Kansas, have lower abortion rates (14.6/1000; 18.9/1000
respectively for women age 15-44) compared to the national rate
of 22.9 (source: Alan Guttmacher
Institute). Furthermore, Oregon’s Right To Life chose not to oppose adoption
reform in that state because they were satisfied that the
abortion rate would not rise with the passage of the
measure.
- This myth has
been perpetuated by groups who oppose opening records and who
are out of touch with current adoption practices and the most
recent research on adoption. There is research to indicate that given the choice of
either closed adoption or abortion, more women choose abortion.
Isn’t access to
original birth information a modern experiment?
- No. Known
identities in adoption date back to antiquity, so secrecy has
been the failed experiment. The intent of closing records to the public was to keep
adoptive families and birthparents from public scrutiny in an
era when being an unwed mother, an infertile couple, or an
illegitimate child was not acceptable to society. The practice of sealing
birth records is now widely recognized to be outdated and does
not reflect The Information Age nor
best practices in adoption. Adopted persons have come of age, joined by adoptive
parents and birthparents alike who are vehemently protesting a
social experiment which was unsuccessful and serves to promote
secrecy and shame. See
History of Adoption
Will access to
information and records decrease adoption rates?
- No. According
to the 2000 Census, Alaska – a state that has full access to
open records – has the highest rate per capita of adopted
children under 18 representing 3.9 of the population. Data
gathered by The National Center for Court Statistics shows that
the rate of adoptions per thousand live births are higher in
states such as Alaska and Kansas that do not have sealed records
laws.
- Today, access
to information rather than secrecy influences birthmothers and
birthfathers to choose adoption. According to the Evan B.
Donaldson Adoption Institute, adoptions that permit information
sharing have risen from 36 percent in 1987 to 80 percent today.
Research conducted by Henney McRoy, Ayers-Lopez and Grotevant in a longitudinal adoption project between the University of Minnesota and University of Texas could find no adoption agencies doing confidential adoptions among the agencies they researched. This shift in practice has occurred primarily because of birthparent demand for some degree of openness that ranges from mediated open to fully disclosed. The two Minnesota agencies that lead the state in the number of infant adoption placements only do fully disclosed adoptions in their infant programs while other Minnesota agencies are moving towards more disclosure.
- Studies
indicate that the rate of adoption is not adversely affected
when original birth records are available to adults. In Great
Britain, Kansas, Alaska, and New Zealand, more adoptions took
place after records were opened than did before.
How
will the availability of inter-country records benefit adopted
adults who were internationally adopted?
- Internationally
adopted persons typically have little to no information about
their origins and depending on their country, may have
no hope for reunion. Inter-country records that were given to adoptive parents
at the time of an adoption are subject to translation and
censorship. The
quality and quantity of the information contained depends
on national and cultural beliefs about privacy. Even so, by giving the
adult adoptee access to adoption paperwork that may not have
followed them into adulthood, the adoptee is put on equal
footing with non-adopted persons who know their origins.
What
is the importance of siblings being connected who have been
separated by adoption or foster care?
- Twenty-year
research by Stephen P. Banks and Michael Kahn links sibling
bonds to the creation of healthy individual identities. "Do
I have siblings?” is a common question asked by adopted persons
who according to many research studies develop stronger and
longer relationships with birth siblings than with reunited
birth parents. (Sachdev, 1992;
Humphrey, Humphrey, 1989; Geddiman, Brown, 1989;
Waner, 1988; Verrier, 1993). While states are vested
with the responsibility of placing siblings together in
adoptions and in foster care, the reality is that many separated
brothers and sisters will never learn of each other or find one
another on their own.
Is wanting original birth
information pathological?
- Ever since Alex
Haley wrote Roots,
genealogy has captured the fancy of the American culture. The
desire to know the facts of one's history is an attempt to
understand the age-old questions: Who am I? Why am I?
- Medical
information, often missing in adoption, can be a
life-threatening omission. Older adopted persons are
particularly vulnerable since over 3000 known genetically
inherited diseases exist, many that emerge with the onset
of age.
- Renowned adoption
researcher and author, David Brodzinsky, characterizes the
interest in one’s origins as “a healthy extension of the
universal search for self that we all engage in… adoptees and
non-adoptees alike...The need to know about these individuals,
and perhaps meet them, is not only normal, but for many adoptees
essential for their emotional well-being.”
- Mental health
providers confirm the importance of accurate and truthful
biological/genetic information in order for adopted
persons to form healthy attachments and a strong sense of
self identity which is key to emotional maturity.
Why were birth
certificates and adoption records sealed?
- The practice of making
adoption records confidential began in the
late 19th century to provide protection to
the parties involved. It was originally an
effort to protect the adoptee from the
stigma of illegitimate birth, the
birthparent from the stigma of conceiving a
child outside of marriage and the adoptive
parents from unnecessary intrusion and
curiosity. During the first half of the 20th
century, most states enacted laws that
mandated that adoption records be sealed by
court order at the time of finalization. This
means that the information contained in
those files, such as birth names, medical
background, place of birth, time of birth,
religious affiliation, and other such facts
that most people take for granted is
inaccessible to triad members.
- As of 2005, 43 of the
50 states in the USA require sealed adoption
records; the exceptions are Alabama, Alaska
Delaware, Kansas, New Hampshire, Oregon and Tennesee. Adoptees, birthparents and
adoptive parents in most states are denied
information that can be critical to their
mental and physical well-being because of
this outdated practice.
Why would someone
want to know information about their family of
origin? Couldn't it be harmful, detrimental or
confusing to know?
- Triad members are asking
for the same information that is available
and taken for granted by those whose lives
have not been affected by adoption. To know
one's medical history, religious background,
ethnicity and physical resemblance is a
fundamental ability that all non-triad
members possess.
- Imagine not knowing that
you inherited the crook in your nose from
Uncle Fred or that breast cancer runs in
your family. Imagine not knowing if your
baby boy who was placed for adoption 20
years ago was alive, well and happy. Imagine
not being able to help your teen with
adolescent difficulties because information
about the birthparents is denied you as an
adoptive parent. Knowledge of all the
information there is to know about oneself
is not harmful or detrimental. It's an
essential part of being whole, complete
person with a past, present and future.
- If the efforts to locate
and contact are made sensitively and
discreetly, it is very possible to keep the
relationship limited strictly between the
two parties, without opening the topic to
the discussion of other family members or
the public. Each adoptee and birthparent
deserves acknowledgement and information
from their biological relatives. In cases
where the adoptee or the birthparent is not
interested in establishing a relationship,
his/her wishes should be respected after
basic information is exchanged.
How big is the demand
for access to information?
- Adoption has touched one
of every eight Americans. Currently there
are an estimated 6 million adoptees, 12
million birthparents and 12 million adoptive
parents, about 12.5 percent of the US
population. As the "baby boom" generation
ages, there are more adult adoptees and
birthparents than ever before, and more are
interested in information about and contact
with their biological family members.
- A nationwide survey
conducted in 1984 estimated 500,000 adopt
adoptees were currently seeking their birth
families or had been successful in locating
them. A Harvard University study recently
estimated that 96 percent of all
birthmothers contemplate a search, and more
than 60 percent actually undertake a search.
Clearly, the need for changing the laws,
policies and attitudes that mandate sealed
records is widespread.
If records are opened
and information is revealed, what about birthparents who do not wish to
be identified or contacted?
- The United States Supreme
Court has ruled that when a person's right
to privacy collides with another's right to
know about their medical, social, ethnic or
religious background, the balance must tilt
in favor of the adoptee whose inherent right
to know his/her biological heritage has been
denied to him/her for so long.
- There will be a few
adoptees and birthparents who do not want
contact with their biological relatives. The
statistics on searching indicate that these
are fewer than 20 percent of the cases. Some
birthparents may have wanted to put the
painful relinquishment experience behind
them and may never have told their spouses.
Some adoptees may never have been told of
their adoptions. There is no way to predict
someone's reaction until he/she is
contacted; these are risks faced by every
searching person.
- Confidentiality was an
absolute in adoptive placements of the past;
it was not an option that could be selected.
Many birthparents say today that if they had
been able to choose, they would not have
wanted the arrangements to be secretive and
confidential. Since 1980, Michigan has asked
birthparents to choose whether identifying
information about themselves remains
confidential when the adoptee reaches age
18. More than 98 percent of those placing
children for adoption have stipulated that
identifying information about the
birthparents be made available to the
adoptee when he/she is an adult; fewer than
2 percent have asked for confidentiality.
- In the states where
adoption reform has occurred, very few
birthparents have vetoed release of
information. Since Delaware's enactment four
years ago, 16 birthparents vetoed release of
their information, and 556 original birth
certificates have been released. In Oregon,
81 birthmothers requested no contact, and
7,600 adopted people have now received their
original birth certificate.
What if the adoption
records contain disturbing and negative news?
What if the adoptee or birthparent meets
rejection at the end of his/her search?
- Some adoptions were
arranged because of negative conditions at
the time of the adoptee's birth. Rape,
incest, child abuse or neglect are difficult
topics for anyone to deal with, but that are
facts in many lives. Some placements had
negative or fatal effects on the adoptee
placed in unsuitable homes, and the
birthparent never knew of the child's
welfare or fate. An adoption does not change
those facts but hides them unfairly from all
triad members.
- While unsavory details of
one's past are not pleasant to cope with,
they still are a part of one's life. Any
denying to anyone's personal information
about himself/herself is robbing that person
of his/her heritage. The contents of the
information are not as important as the fact
that information becomes available, and
questions are able to be answered.
In a minority of cases, an adoptee or
birthparent is rejected when contact is
made. While this end to a search is far less
than hoped for, it still provides some
resolution to the adoptee or birthparent who
has sought contact with biological
relatives. The searching party still gains
the knowledge of the other's identity,
location and well-being, even if a
continuing relationship is not possible.
Rejection is disappointing and frustrating,
but it can be handled with understanding and
support from others.
How do adoption
agencies and institutions feel about open
records?
- Many mental health
professionals, social workers and medical
personnel involved in adoption-related work
are convinced that all triad members will
benefit from sharing greater amounts of
information. Like any institution, agencies
are slow to change their attitudes and
practices to reflect what their personnel
believe would best serve triad members. A
task force of the Child Welfare League of
America in 1987 advocated open records as
one way to remedy the difficulties cause by
sealed records. The legislatures of most
states have yet to address this issue by
changing their laws to reflect the needs and
desires to those affected by sealed records.
Why wouldn't a
reunion registry achieve the same goal as
opening birth records without infringing on
anyone else's rights?
- Reunion registries, such
as International Soundex Registry in Carson
City, Nevada, have had a small measure of
success in reuniting those separated by
adoption. However, the structure of a
registry contains an inherent flaw that
makes such vehicles unworkable for many.
Both parties must register in order to be
connected, and the chances of that happening
are very small. Those who are deceased or
otherwise incapacitated are unable to take
this active step of enrolling, and their
condition blocks the other party from
obtaining crucial information about
himself/herself. Opponents of access to
birth information for adoptees know that
registries rarely work.
- Registries established
and administered by state governments and
agencies often have additional conditions
which triad members must meet in order to
enroll. These often include required
counseling, consent of the adoptive parents,
payment of a registration fee. Such
conditions are unfair to and discriminatory
against those who are seeking information
about their biological past. Those whose
lives are not affected by adoption do not
have to comply with similar requirements and
conditions to obtain information about
themselves.
"Why is my birth certificate a state secret?"
- Jim, adoptee in search of birth parents.
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