Yous tate lack of access is a civil rights issue -- why not go straight to DC isntead of dealing with States?

Kassy

You have a point. If all energy was focused on pushing a couple of cases all the way up to the Supreme Court, they could rule that the state laws are unconstitutional and the states would have to comply.

The question is, I guess, which way is quicker and more effective? How long does it take a case to get to the Supreme Court? Sometimes it's rather quick, sometimes it takes years. How long and what resources will fighting through 44 states' legislatures take?

PhilM

Jennifer's right. The Federal Government doesn't have jurisdiction. It's state laws that seal birth certificates. Unless a court case were to wind it's way to the Supreme Court, it's something that must be fought on a state by state basis.

LaurieDB

States have jurisdiction over records access. The Feds allow the states to make their own laws regarding this. It is not federally legislated. This is actually a question that gets asked frequently (not on Y!A,) particularly by people new to the adoptee rights world.

ETA:
LOL, a couple of us were answering at the same time.

Jennifer L

Well, at this point, the open records issue is in the jurisdiction of the states. It is possible, however, for a court case to go all the way to the US Supreme Court, which would then make it a federal issue.

julie j

Hi Carnie,

You're correct - sealing birth records from individuals is a civil rights violation of adoptee's rights. It's interesting to see how we got to where we are today and why rights have not yet been restored. Let's ask who could help our cause and who is hindering it? Let's find out why.

The logical guess for assistance would be ACLU. Unfortunately, they are generously funded by interests that represent the industry side of adoption such as NCFA, plus pro-choice organizations such as Planned Parenthood, and none of them are interested in standing behind the rights of adoptees. They apparently view adoptees' civil rights as somehow being in conflict with a woman's reproductive rights!

Originally, everyone had access to their own birth records, adopted or not. It is the adoptees whose rights to their own records were originally taken away without their knowledge or consent. Nobody was legally authorized to do that. The babies were too young then to speak up for themselves, had no legal representation, and apparently nobody considered the future ramifications for the adoptee. Altering and sealing birth records was done during the decades when children born to unmarried parents was not socially acceptable. It was also desired by adopting parents so they would get a blank-slate child who was "as if" born to them. Sealing records also hid any wrongdoings on the part of those who arranged & profitted from adoptions. Now that the children have grown up and realized what transpired, they are speaking up because they have been wronged and they want to have equal rights again with all other law-abiding, tax-paying, adult citizens.

Yes Carnie, you're also right that it would be easier if we could have this issue addressed in a single, federal location. The posters who said we have to go through the individual state levels to get laws changed back are accurate. Every state has different laws governing adoption. Most still have permanently sealed records while a handful recognize adoptee's rights to their OBC at different ages, some with various discriminatory restrictions attached. Some have sandwhich years where records are sealed some years and open others, then sealed years after that. Every time bills are introduced they are contaminated with vetos that do not apply to the rest of society. It's crazy trying to make rhyme or reason of it all.

It's an uphill battle to re-establish equal rights for adoptees. There are many people & things getting in the way. Red herrings are thrown out there to try to complicate what should be a cut & dried case of inequality. It appears that some do not wish to be held accountable for their past adoption business practices that might be revealed if records are equally available to all citizens. They make up fake reasons and use scare tactics of disastrous results that will occur if adoptees have rights equal to non-adopted persons despite the evidence from many decades in other countries and states that prove it is beneficial rather than harmful to restore rights to adoptees. Others confuse equal access to birth records with rights to relationships. They are entirely different issues. Reunions happen all the time with or without sealed records. This is really about fairness.

Society is deliberately misinformed by the NCFA into believing that records are sealed for the privacy of the natural parents which is not true. Mothers overwhelmingly (98%+) support the rights of their children to their own records. They resent the NCFA for speaking for them and misrepresenting their true positions. The truth is there were no open adoptions in those days. Closed was not chosen, it was the only existing option. In fact, many a relinquishing mother was reassured that her child would have access to identifying information upon adulthood. That was also a lie. Birth certificates are not altered until and unless an adoption is actually finalized. Children who have been relinquished yet remain in foster care, or those who have been disrupted by adoptive parents, retain their original birth certificates. In other words, the sealing is done by the state and in some cases at the request of the AP's. It is not done at the request, nor for the benefit of natural parents, as claimed in retrospect by opponents of adoptees. Another common misconception is that original records are available to all adoptees upon adulthood. This is not true, even in so-called "open adoptions." As it currently stands, records are permanently sealed from adoptees forever in 44 states.

In any case, nobody's views should be capable of overriding another citizen's civil rights. The result is a clear attempt to protect a 4.2 billion dollar a year adoption bottom line rather than the best interest of the adoptee, for whom the adoption was supposedly arranged in the first place. Adopted citizens are clearly receiving unequal & inferior treatment to non-adopted ones, by no fault of their own. It's not fair & it should be changed everywhere. The sooner the better.

What is needed is honesty and consistency. One set of laws to govern ALL records in all states, regardless of whether an adult was adopted as a child. The Evan B. Donaldson institute has recognized it would be for the best. Thank you for bringing this up so others may learn from it. Included are some relevant links below. Hopefully some will be inspired to help make needed changes state by state.

julie j
reunited adoptee

Floozy Moonshine

Until more adoptees own oil wells, the federal government will never bother with this.

u r s i

B'cuz you can't reach the top of a mountain without first climbing.

You have to go through all the procedures.

These government ppl have to make a living too LOL

you can't get to ten from one w/o first counting all the #s

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