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Report Calls for Access to Birth Records for Adoptees

When it comes to making adoption policy, the struggle between one person's right to know and another's right to privacy is often central. But The Associated Press says a report being released today by a leading adoption institute comes down solidly for the right to know, calling for adult adoptees to have access to their birth records, which will allow them to learn their birth parents' identities.

"States' experiences in providing this information make clear that there are minimal, if any, negative repercussions," says the Evan B. Donaldson Adoption Institute, which is based in Boston. "Outcomes appear to have been overwhelmingly positive for adult adopted persons and birthparents alike."

According to the Pittsburgh Post-Gazette, the institute argues that open records for adoption "do not result in increased abortion rates, decreased adoptions or fractured adoptive families." Currently, eight states allow this kind of access to adults who were adopted.

But opponents of open records, like the National Council for Adoption, say that they violate the birth mother's privacy and point out that sometimes birth parents don't want to develop relationships with the children they gave up for adoption. The president of the council, which favors mutual consent before any contact between an adopted adult and a birth parent, also says that taking away the confidentiality option removes adoption as a choice for some women who feel they would have to have it.

However, some adopted children argue that they need to know their biological background. "There are so many adoptees who want to know who they are," said Paula Benoit, an adoptee and state senator in Maine who lobbied for an open records law. "Can you imagine being denied your identity?"

So what serves the greater good here: the right to know or the right to privacy?

 

Comments (Send a comment)

I wonder if there could be some way for the adoption agencies to work as a mediator for adopted children to get the information they need without knowing the identity of the birth parents.

We have adopted a girl from China and, although we know we can never get this kind of information, we often wonder what illnesses and problems she could be disposed to that we just don't know about. She is bright, active and loving. But she has had tooth problems from the beginning (she is 5 now). We're not sure if her mother just had poor nutrition (common in rural China) or if her parents have passed on their own problems with their teeth?

I can respect the birth parents' need for anonymity, though, and would not want anyone to be forced to be identified.

Sent by Jim Dodd | 11:48 AM ET | 11-12-2007

It is the ultimate state control to trump a person's right to their identity in favor of "privacy." As an adoptions social worker in Oregon, where we have opens records, I have witnessed no negative experiences because of access to original birth certificates. Also in Oregon, DHS maintains and Voluntary Adoption Registry which either adoptive parents or adoptees (upon age 18) may list their whereabouts or indicate a desire to search for the other. Lastly, the current trend of open adoptions will alter this discussion in the future, as all members of the adoption triad (adoptees, birth parents, adoptive parents) established some contact, or ability to be contacted, for the benefit of the adoptee.

Sent by Eileen | 12:09 PM ET | 11-12-2007

How can the parent's needs come before the child's? As an 40 yr old adult adoptee and parent of 6-21 yr old children, I could never imagine putting myself before my child - no matter how old they are.

Sent by Susan | 11:49 AM ET | 11-13-2007

I am an adult adoptee from a closed adoption. I have reclaimed my name, my identity, my heritage, my sanity by finding my natural relatives. It is natural and normal to want to know who you are....not live as fictional person but a non-fiction! I look like my natural mother, have the talents of my natural relatives and have reclaimed my history and identity!!!! This is normal and the right thing...anything less is damaging to the adult adoptee!!!!!

Sent by Melinda | 12:40 PM ET | 11-13-2007

Why are no ADULT ADOPTEES scheduled to appear to speak to this issue on Talk of the Nation!?!? Would you have a program on voting rights with a panel of middle-aged white males? A program on women's rights with no women on the panel?
We are NOT adopted children! We are ADULT ADOPTEES and we demand our rights and dignity!

Sent by Ron Morgan | 1:04 PM ET | 11-13-2007

Anyone arguing that birthmothers were promised privacy has never read an adoption/relinquishment form. Nowhere on this legal document does it imply, promise, or guarantee privacy. I urge you to go see for yourself.

Obtaining and OBC and having a relationship are two very different and distinct things. Let's not confuse the two. Being denied the record of one's own birth is a violation of civil rights. An entire class of citizens is denied this right based simply on the circumstances of our births. We simply want the same rights as the rest of the non-adopted population. What is so hard to understand about this?

Sent by Lillie | 1:22 PM ET | 11-13-2007

No one argues that, because of privacy concerns, we shouldn't publish residential phone books. If the NCFA's argument were a good one, then we would all have the right to have our information sealed away from everyone.

The fact that you do not have an adult adoptee scheduled to appear on Talk of the Nation seems pretty biased and irresponsible.

Sent by Phil | 2:24 PM ET | 11-13-2007

Why should I be so concerned about my birthparents' privacy? Honestly, why? And why are my civil rights, including that of privacy, trampled on in favor of a woman who is no more or less a citizen than I am? Why does she have more rights than me? Unlike Melinda, I don't need to meet my birthparents to know that my life is *not* fiction. But I wish lawmakers and Catholic "rights" groups would consider this Catholic's right to know.

And really, TOTN, how could you justify this segment without talking to any adult adoptess?

Sent by Kate | 3:25 PM ET | 11-13-2007

I am also an adult adoptee from a closed adoption. I wonder if your guest who spoke against having birth certificates open and available can understand what it feels like to have a birth certificate that states false information. I look at my birth certificate and as much as I loved my adopted parents (they are both deceased)the information on that certificate is false. It means nothing. Also I do not understand why a person does not have the right to know who brought them into this world. I understand and sympathize with all of the reasons why someone would want to have their privacy about this decision but a person's absolute identity should not be a privacy issue.

Sent by Jeanette | 4:12 PM ET | 11-13-2007

This 'birth parents right to privacy' is a smoke and mirrors argument. Keeping OBCs confidential protects adoptive parents, agencies, and attorneys--the individuals who benefit most from the secrecy.
Shame on NPR (adult adoptees are 2-3% of our nation) for not giving a voice to this small, neglected minority.
adultadoptees.org/forum

Sent by Sunny, Austin, TX | 4:32 PM ET | 11-13-2007

There is simply no justification for withholding original birth certificates from any person. Doing so violates the rights of that person. Period. It is unreasonable to suggegst that a parent has a 'right to privacy' from their own child, or that a person has no right to know his or her true origins.

Sent by Jodi | 5:11 PM ET | 11-13-2007

I nearly died of a genetically inherited medical condition because the doctors didn't know what we were looking for. This isn't fiction: it's our lives (and our health, and our deaths). Unless a law is passed stating that adoptees are, legally speaking, chattel for life, then we are human beings and American citizens and it is illegal to deny us access to our own legal documentation.

Sent by Chgo_Liz | 6:24 PM ET | 11-13-2007

As a long-time listener of NPR I am very disappointed that TOTN did not have an adult adoptee speak about this issue.

Adult adoptees do not wish for special rights, we only want what everyone else has: our un-altered birth certificates.

This is purely a civil rights issue, and millions of US citizens are being denied and discriminated against.

Do you know that many adoptees (including myself) have had an extremely difficult time getting a passport because of our fake, altered birth certificates? This is a crime, and closed records states and NCFA should be very ashamed.

Sent by Elizabeth | 7:05 PM ET | 11-13-2007

As an adoptive parent, I feel sad and ashamed that their birth certificates were falsified, putting mine and my husband's names as the parents who gave birth to them. This is simply a lie, and it feels dishonest. Their original birth certificates are a record of THEIR births. Australia and the UK seem to understand the importance of giving adoptees their dignity; why is the US so far behind? Aren't we supposed to be a "free" nation?

Sent by Gail | 8:27 AM ET | 11-14-2007

I am an adoptee from Louisian (born and raised), and although I have been blessed enough to be able to have had open communication with my birthmother, my little brother (adopted from another family) has not been as lucky. But I do know that the adoption agency my parents went through IS able to mediate important information such as medical history in family etc. I know every state does things a little differently, but surely such info could be accessed if necessary...I hope anyways.

Sent by Klare | 6:23 AM ET | 01-31-2008

I am an adult adoptee who was not only born in a closed records state (PA) but my adoption was also finalized in a closed reocrds state (NY). I have been searching for my birth family for many years. You would think that since I have my bm's name it would be easier to find her but it's not. I am also not able to get my entitiled "non-I.D." information because the courts keep givig me the run around. I have a right to know who I am and where I come from. It's funny people who break the law have more rights then adoptee's do.

Sent by Lori Kerns | 4:31 PM ET | 02-25-2008

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