NEW YORK, Nov. 12, 2007

States Urged To Let Adoptees See Records

Report Cites "Overwhelmingly Positive" Outcomes In States With Open Records

  • This July 2007 photo made available by Maine State Senator Paula Benoit, shows Sen. Benoit, center, who was adopted as an infant, and was the lead sponsor of a bill enacted in Maine this year that will allow all adults who were adopted to gain access to their birth certificates. Photo

    This July 2007 photo made available by Maine State Senator Paula Benoit, shows Sen. Benoit, center, who was adopted as an infant, and was the lead sponsor of a bill enacted in Maine this year that will allow all adults who were adopted to gain access to their birth certificates.  (AP Photo/Paula Benoit)

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    Learn more about each state's laws relating to adoption consent.

(CBS/AP)  It is among the most divisive questions in the realm of adoption: Should adult adoptees have access to their birth records, and thus be able to learn the identity of their birth parents?

In a comprehensive report being released Monday, a leading U.S. adoption institute says the answer is "Yes" and urges the rest of America to follow the path of the eight states that allow such access to all adults who were adopted.

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

For years there has been an assumption privacy was in the best interests of the birth parents who give up their children and the families who adopt them, reports CBS News correspondent Cynthia Bowers.

Today's report suggests otherwise. It found when states open records:

  • The number of adoptions did not drop.
  • Abortions did not rise.
  • There were no unwanted intrusions.
  • Ninety-five percent of birth parents said they were open to contact by their children.

    Opponents of open access argue that unsealing birth records violates the privacy that birthmothers expected when they opted to give up their babies. They raise the specter of birthparents forced into unwanted relationships with grown children who have tracked them down.

    But the Donaldson Institute says most birthparents, rather than being fearful and ashamed, welcome contact with the children they bore.

    Kansas and Alaska never barred adoptees from seeing their birth certificates. Since 1996, six other states - Alabama, Delaware, Maine, New Hampshire, Oregon and Tennessee - have decided to allow access to all adult adoptees.

    However, the progression has been slow, and open-records legislation has been rebuffed in many states by a determined and diverse opposition.

    Opponents in Connecticut, where bills have failed in each of the past two years, included the state chapter of the American Civil Liberties Union. It depicted itself as a voice for birthmothers who opposed the measure but were reluctant to speak out publicly.

    In New Jersey, where a long-running campaign to pass an open-re+cords bill was derailed again this year, the opposition includes New Jersey Right to Life and the New Jersey Catholic Conference. They argue that eliminating the prospect of confidentiality might prompt a pregnant single woman to choose abortion rather than adoption.

    Marlene Lao-Collins of the Catholic Conference said she knew of no data supporting the concerns about abortions, "but even if it just happened once, that would be one too many."

    Nationwide, one of the major foes of open records is the National Council for Adoption, which represents many religiously affiliated adoption agencies. Its president, Thomas Atwood, says any reconnection between an adopted adult and a birthparent should be by mutual consent - which is the policy in most states.

    "I empathize with anybody who feels the need to know their biological parents' identity," Atwood said. "But I don't think the law should enable them to force themselves on someone who has personal reasons for wanting confidentiality."

    The Donaldson report says evidence from the states with open records rebuts every argument against the concept. Notably, it says there is no proof that abortions rise, that adoptions decline, or that birthparents are harassed following a switch to open records.

    Quote

    States' experiences in providing this information make clear that there are minimal, if any, negative repercussions.

    report by Evan B. Donaldson Adoption Institute
    "There has been no evidence that the lives of birthmothers have been damaged as a result," the report says. "In the states that have amended their laws ... few birthmothers have expressed the desire to keep records sealed or the wish not to be contacted."

    The most recent state to opt for open records is Maine; a law signed in June will allow adult adoptees to access their birth certificates starting in 2009.

    One of the bill's main sponsors was state Sen. Paula Benoit, an adoptee who personally lobbied all her colleagues. While working on the bill, she uncovered her own biological background and learned, to her amazement, that two Democratic lawmakers she was working with were her nephews.

    "There are so many adoptees who want to know who they are," she said. "Can you imagine being denied your identity?"Among the many birthmothers grateful to have been found by children they relinquished is Eileen McQuade of Delray Beach, Florida, who is president of the American Adoption Congress and a fervent advocate of open records.

    "Secrecy was the way it was done at the time - it was not a choice or a preference on the part of the mothers," McQuade said of the 1960s, when she placed a daughter for adoption. "We treat adoptees as if they're forever children - it's absurd."

    The Donaldson report depicts adopted people as the only class of Americans not permitted to routinely obtain their birth certificates.

    Giving them full access "is a matter of legal equality, ethical practice and, on a human level, basic fairness," the report said. "It is an essential step toward placing adoptive families, families of origin, everyone connected to them and, indeed, adoption itself on a level playing field within society, without the stigma, shame and inequitable treatment they have experienced in the past."

    "The mythology around adoption is based on the notion that you should be protecting someone from something," said the institute's executive director, Adam Pertman.

    "But that's not the reality," he said. "Adoptees are not behaving poorly, they're behaving very respectfully, and birthparents do not appear to be a frightened class that wants to hide."


    © MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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    Add a Comment See all 38 Comments
    by mellenmania1 November 12, 2007 9:59 PM EST
    test
    Reply to this comment
    by mellenmania1 November 12, 2007 10:01 PM EST
    In the age of internet why can''t someone form a national database with those adoptees who wish to find their birth parents as well as those birth parents who wish to be connected with the children they gave up. It could be an internet holding place, if you will, of names and information used to find and connect birth parents and adopted children. With all the government waste out there - surely the money this would cost would be a mere drop in the bucket for such a worthy cause.
    Tony Mellencamp
    Berne IN
    Reply to this comment
    by creeper00 November 12, 2007 10:15 PM EST
    Will birth parents also be allowed to view adoption records? If so, maybe I will learn what life has been like for the daughter I gave up forty-one years ago.

    I''d settle for just knowing she''s alive.
    Reply to this comment
    by whosmymom November 12, 2007 10:56 PM EST
    Do a search for "adoption search and reunion"
    There are hundreds of websites and databases.
    ISSR is the big international registry.

    Its hard to search for someone when you don''t know their name. Birth dates were often changed on amended birth certificates.

    Does it cost too much for any American citizen to obtain their true record of birth?

    Does it really cost too much to tell me my mothers name?
    Reply to this comment
    by worldtriad November 12, 2007 11:12 PM EST
    There is a database you can enter for most if not all states. Both birth parents and adoptees can register and if both adoptees and adopters are registered you can be re-united. Unfortunately that doesn''t happen very often. It''s not cheap to have a search done.

    If you were adopted in IL, you''re screwed unless it was an open adoption. The Cradle is really terrible; they want to charge me $75 for medical, $75 for NON-identifying info or a bargain price of $100 for both pieces of information. If I want them to do a search (with no guarantees and they''re where I was adopted from) they charge at least $750 or more.

    Isn''t that nice places can charge us to find out information that is our right to know and is info that everyone not adopted has access to for no charge! It''s time for all those states that won''t let us find out to stop denying us our heritage and opportunity to know where we are from!

    Still wanting to know in WY
    Reply to this comment
    by coaggie92 November 12, 2007 11:22 PM EST
    It''s about time this issue was more out in the open. Those who are not involved just don''t understand what its like to have no idea where you came from and why you are not with your biological family.

    Colorado has a voluntary registry that allows contact with mutual consent, but the problem is- most people do not know it exists! The only other option is a confidential intermediary which STARTS at $800 or more.

    I am one of the lucky ones, I found my birth family 4 years ago on my own, it has brought me and my family peace of mind. My birth family has welcomed me with open arms, even though my birthmom did not tell anyone about me until after I found her.

    I wish all adoptees could have the same rights as everyone else...that goes for foster children too.

    Reply to this comment
    by trishd3 November 12, 2007 11:32 PM EST
    I''m 46, successful, well adjusted mom of 5 grandma of two. Just finishing up my MBA. Own my own home. Pay taxes. Yet in order to find out my geneology, medical history that could very well be important to my children or my grandchildren I have paid almost $1000.00. That much money for my own information. Only to find that what is in my records is misleading or even false information. I have gone through the state system and a state searcher. I am a mature adult. I want my information. I would never force myself on anyone who did not want contact with me. From the info I do have my birth mom was a 15 year old who initially wanted to keep me, but changed her mind or had her mind changed. Doesn''t sound like she was part of this decision either. However we are both adults now.
    Reply to this comment
    by npsparks November 13, 2007 12:05 AM EST
    As an adoptee, I say "yes" adoption records should be opened....
    I also think there should be a mediator between the two parties in the beginning......
    Reply to this comment
    by bam_12rn November 13, 2007 12:30 AM EST
    I was able to locate my birth mother & half siblings four years ago, with the help of non-id information & other adoptees searching for their birth families. Last year,my birth mother & I took a copy of my birth father''s death certificate to the vital statistics office in Denver. We both signed the necessary documents so I could receive a copy my original birth certificate. In essence, we satisfied the state''s requirements to receive an original birth certificate. A couple weeks later a letter from the state of Colorado arrived stating that I didn''t have the right to have my birth father''s death certificate or a copy of my original birth certificate. Colorado retained the death certificate and still holds my payment for both documents. I received nothing but a letter of denial telling me I must petition the court for information that should rightly belong to me. I know who my birth parents are. I have an ongoing relationship my birth mother and spoke on the phone with my birth father a few times prior to his death. Adoptees may be the only group that are still denied certain rights. Ignoring our existence doesn''t change the fact that we do exist and that we have a unique identity and heritage. We also have children & grandchildren that are denied the right to this same heritage.
    Reply to this comment
    by pilgrimsway-2009 November 13, 2007 1:16 AM EST
    Hello adopted Esther, in 1966; you were originally (Meehan), were you born on 9,26,1963? I am your sister Sharon L. Contact V. Tierney at Catholic Home Bureau, NY.
    Reply to this comment
    by tamraflores November 13, 2007 1:43 AM EST
    i really wish this law would pass.i had a son charles edward ledford in sherman texas i had to give up for adoption by the courts.ive been searching for him but in texas they told me he had to be 21 before i could do anything cause it was a closed adoption,he turn 19 july 25,2007 if anyone reading this knows of anyway i could find him could you please e-mail me tafmlb@yahoo.com
    Reply to this comment
    by grammawhamma November 13, 2007 2:08 AM EST
    I think this is a good thing if both parties consent and yes, I agree it is good to have a mediator in the begining. I am not adopted and I have never given a baby up for adoption but I can only imagine how it feels to wonder all the time if the child you gave up is okay...or who and what your birth parents were like. I wish the best for all of you seeking to find each other.
    Reply to this comment
    by artist4life November 13, 2007 2:27 AM EST
    Creeper00 said the very thing I''m thinking.
    Reply to this comment
    by barbaraf4 November 13, 2007 4:07 AM EST
    "Ninety-five percent of birth parents said they were open to contact by their children."

    What about the other 5%?

    I would have no desire to be contacted by a child I had given up for adoption. For those who think it would be magic, think again.

    A quote from Emerson: "Beware what you set your heart upon, for it will surely be yours." This translates into: Be careful what you wish for - you just might get it.
    Reply to this comment
    by grammawhamma November 13, 2007 6:04 AM EST
    A close friend of mine, from a strict religious family, was raped by a family aquaintance when she was a young teen. She was pregnant from the rape and her parents sent her away to another town to carry out the pregancy and give the baby up for adoption.

    Every year on the birthdate my friend cried and wondered if her daughter was alive. Last year her daughter found her. My friend also found out she was now a grandmother and everything is working out well...they met once so far in person but talk on the phone and exchange pictures often.
    Reply to this comment
    by dorsey01 November 13, 2007 9:28 AM EST
    I am an adoptee and I would like to know my birth mother, but if she didn''t want to meet with me that would be okay with me. I would like to find out what my medical history is though. What medical issues do I have to deal with? Another issue that I have to deal with is that I would have to pay find out about my birth parents. I can''t afford the cost, so why do I have to pay for the right to know my birth parents.
    Reply to this comment
    by dorsey01 November 13, 2007 9:37 AM EST
    I tried to find my birth parents, but I hit a brick wall. I was then told that I have to pay to find my birth parents. If they don''t want to meet me, then I would just like would to know my medical history, so I can tell my children what they might have to face in the future. Adoption records should be opened at least the medical history for the adopted children. There could be an agency that would collect the names of the people who want to each other. If the birth parents and the adoptee agree on a meeting, then the agency could be set it up. I don''t believe that we should have to pay money to find our birth families or our adopted children.
    Reply to this comment
    by twood001 November 13, 2007 10:30 AM EST
    I found my birth mother without the help of my adoptive agency. They proved useless. Even after her death they are still refusing to allow me to see my records. It is important to know where you came from and the medical history of your birth parents. Who is being hurt by open records?
    Reply to this comment
    by mscady7 November 13, 2007 11:50 AM EST
    I am a birth mother who fortunately 7 years ago found my son. We have a wonderful, blessed, awesome relationship. We were both looking for each other. I do NOT think there should be open adoption records. As a birth mother and my son says the same thing, you have to be ''ready'' to find each other, emotionally, mentally, etc. Also as one person said -- will the birth mother have access to the records??? I DO understand the crying on their birthdays, wondering what their name is, are they ok , certain ages, etc. The way I found him was the internet---- post to ADOPTION message boards in the state you gave him/her up in to start with. Put in search: adoption. Then go from there. It took almost a year to find him but it was FREE. As for the medical history - I understand. The adoptive parents had the information from the ''home'' I had gone to but would not give it to him!! They just said: they are healthy. I am very blessed to have my son & daughter-in-law in my life.
    Again -- not all reunions end happily, I know of some that didn''t. Fortunately, my son didn''t hate me for giving him up as I had always thought he might---he thanked me for giving him life !! One more thing -- remember: alot of women have not told anyone they had a baby and gave him/her up for adoption. The 1960''s etc was a very different time and unwed mothers were not looked upon very good.
    Reply to this comment
    by emjay1941 November 13, 2007 3:12 PM EST
    Adoptees are the only class of American citizens denied access to their own birth certificates. As "unwanted" infants we are made wards of the court. As adults we still find ourselves wards of the court by having to file a petition to access what every other American takes for granted...biological history, medical history and what our genetic makeup is. This isn''t about search and reunion. It is about basic civil rights being denied to one class of Americans.
    Reply to this comment
    by anewman46 November 13, 2007 5:40 PM EST
    I have been experiencing unbalanced blood pressure. The doctors have prescribed medication but based on their prof. advice it is crucial that I locate my biological parents for medical history. All records have been sealed for the time period I was adopted and it will take a court order to unseal them. Below is everything I know about me, please help for me and my children. I%u2019m am Aaron a 45 year old male who was born on Dec 22, 61. I was adopted in Jul 29, 63 and for many years I have wondered about bio parents. Don%u2019t get me wrong, I have been raised by two wonderful people who will always be my mom and dad because they love me and have given me the opportunity to lead the life I live now. Both of my adopted parents are in their late 70%u2019s and, due to failing health, are unable to help me find my bio parents. I presently have two beautiful girls, 17 & 12, who deserve the right to know their bio background - a right I cannot fulfill. Granted they have grandparents and that%u2019s not at all what I am looking for, but with your help I can find the truth of our roots. I am their dad an owe that to them both. If you can help in anyway here are the only facts that I am aware of: Birth City/State = Huntington, WV; Hospital = Cable Huntington Hosp; Agency = WV Dept of Welfare or WV Dept of Public Assist.; Adopted Name = Joseph Scott; Trail adoption date = Nov 62; Finial adoption date = Jul 29, 63; Contact: aaron.newman@verizonbusiness.com and anewman4@nc.rr.com
    Reply to this comment
    by anitaymoore November 13, 2007 7:06 PM EST
    I am an adopted child myself and can see the preference for having knowledge...but personally, I believe that states should make it an option for the birth parent to seal the records if they so desire. NOT everyone wants to know where they come from (unlike what was said in the report)...I have NO desire to seek out my birth parents whatsoever. I''m not opposed to meeting them should they somehow find me...but I will not seek them out. I DO NOT think that files should automatically be open on adoptions, I think it should be the birth parents option at the time the child is given up...perhaps even give them the legal right to reverse that decision if they choose to at a later date. But it should not be an automatic by the states.
    Reply to this comment
    by dgdenton November 13, 2007 7:13 PM EST
    The Donaldson Institute report clearly debunks the myths that have surrounded adoption practices for the past 80 years. That does not mean that those who cherish the myths will suddenly see the light. Those who are in power will not give it up willingly regardless of the truth. The power has to be taken from them. This report which is based on solid research is another powerful bullet in our arsenal in the fight to open records for adoptees. Recall Aesop''s fable of the Wolf and the Lamb. No matter how reasonable the lamb''s argument may be, the wolf still had his supper i.e. the lamb.
    Reply to this comment
    by yoopermom November 13, 2007 7:23 PM EST
    My husband and I adopted our youngest son when he was 8 years old. He is now 13. He has expressed a desire to find his birth mother. I have a lot of information about her and her family. At this time though I don%u2019t feel it is in his best interested to contact her. (she has been diognosed with a seviere Bi-polar condition) I have told him that once he is older and more mature, I will do whatever I can to help him locate her. It shouldn%u2019t be too hard because we live in the same area. A couple of years ago, his Birth Mothers father passed away. I kept the death announcement from the paper so he can have the names of his aunts & uncles on her side of the family. He has regular contact with his birth fathers family and has spent a lot of time with his uncle and older brother. His birth father recently committed suicide and we took our son to the funeral. It helped him to have closure.

    I hope everyone that is looking for a child or parent can get the information they need. My son is lucky that we have alot of the information he needs.
    Reply to this comment
    by tf14901 November 13, 2007 8:02 PM EST
    I also am an adult adoptee who needs access to their medical records. I know who my biological parents are as my biological mother is the one on my birth certificate and she is now married to my biological father. However, the information that I need from my adoption records is for legal status of MY children. My biological parents want my records open and I want my records open but the state of Pennsylvania will NOT open them. Nor will they give a copy of the adoption records to my mother. I think ALL adoption records should become open once an adopted child turns 16 years of age.
    Reply to this comment
    by emperkins November 13, 2007 8:10 PM EST
    The damage caused by the veil of secrecy surrounding adoption records is far reaching as it protects a system wrought with deception. Gladney Adoption in Ft. Worth, TX lied to my parents and me about complying with our placement requests. They fought me tooth and nail when I tried to get information and it was only through a Search Angel that my son was identified and located. The last 34 years have been hell, but at least now my fears over my son''s health and well-being have been relieved. But the torture Gladney imposed on me then and continues to impose today is cruel and unjust.
    Reply to this comment
    by bmactexas1 November 14, 2007 1:35 AM EST
    Genetic secrets kill!! It is imperative that adult adoptees be granted access to their adoption files if needed. I understand that some birth mothers/fathers need/want privacy but they can certainly see where medical history changes over the years. I was adopted 52 years ago and have needed medical history for years. I have had no luck locating my birth mother but hope I will find what I need before it is too late. In reality my birth parents are elderly and possibly dead. My children have a right to know their complete medical heritage also.
    Reply to this comment
    by bmactexas1 November 14, 2007 1:40 AM EST
    Genetic secrets kill!! It is imperative that adult adoptees be granted access to their adoption files if needed. I understand that some birth mothers/fathers need/want privacy but they can certainly see where medical history changes over the years. I was adopted 52 years ago and have needed medical history for years. I have had no luck locating my birth mother but hope I will find what I need before it is too late. In reality my birth parents are elderly and possibly dead. My children have a right to know their complete medical heritage also. If nothing else our records should be opened after the death of the birth parents.
    Reply to this comment
    by khbftsc November 14, 2007 4:36 PM EST
    04/03/1954 - Hialeah, FL. I was adopted and was able to get a copy of all "non-identifying" information from the State of Florida. However, no medical information or history was included. Medical information is all that I want from my file. I know about my birth parents and at this point, have no desire to disrupt their lives. But having access to medical information is not "identifying" information. Just let''s you know the medical problems of the birth parents and their families. What''s the harm in getting this information? It''s aggrevating to continually run up against brick walls. I finally gave up trying about 5 years ago. Will never know if the medical problems I suffer from are hereditary or not. You''re right, we''re treated like second class citizens and have absolutely no rights at all. SHAME ON THE STATES THAT ENFORCE THIS ARBITRARY LAW.
    Reply to this comment
    by yoopermom November 14, 2007 7:07 PM EST
    Too bad the Birth parents could not be required to fill out somesort of detailed Health summery to be given to the adoptive parents when their children are placed for adoption. Seems like an easy answer to this problem.
    Reply to this comment
    by yoopermom November 14, 2007 7:07 PM EST
    Too bad the Birth parents could not be required to fill out somesort of detailed Health summery to be given to the adoptive parents when their children are placed for adoption. Seems like an easy answer to this problem.
    Reply to this comment
    by mitzitr44 November 14, 2007 8:44 PM EST
    I am a first mom; I lost my child to adoption. I think it is the greatest thing that could possibly happen for adoptees. (Open Records) I feel they deserve there heritage, health, and knowledge of there birth family. I mainly feel that they deserve to know there medical history%u2019s. Think about being a person under the pretense of another family, and there heritage.
    Adopted adult children go to Dr%u2019s and are asked, please answer these few family questions%u2026.Do you know if your mother had diabetes, cancer, any rare form of disease, how about mental illness. Est.:
    The question, which was brought up the part where it would up the abortions. I totally disagree; I think it would cut down on abortions. Why, knowing that some day when a woman is at a better place in life would get the chance to meet there child someday.Young women grow up and change, and mature. They also grow in years an empty spot in there hearts%u2026.
    I feel if this is what everyone wants, then let%u2019s do it. Help people to heal%u2026.. Give adult Adoptees there rights, what is owed to them. Seems all the advocates to every other civil thing get heard%u2026..
    Reply to this comment
    by txskidz November 14, 2007 9:45 PM EST
    Everyone deserves the right to their personal records. Most birth parents were told to "forget"...
    I''d like to meet one who has.

    http://www.youtube.com/watch?v=tyu4E9Bhi9E
    Reply to this comment
    by suem66 November 15, 2007 12:07 AM EST
    Honestly I never understood why they where sealed considering the fact how are these people (my moms adopted) supposed to find out about there medical history and things this could have really helped my mom when she was a kid and even today it could be helpfull now being a kid myself I could be wrong but I think this is a good idea.
    Reply to this comment
    by cjklarson November 15, 2007 1:23 PM EST
    I think that adoptees should be allowed. I myself am adopeted and kow nothing of my medical history. I now have a child of my own and worry for him also. I would like to be involved if anyone could get me a contact number.
    Reply to this comment
    by scoobydoo152 November 15, 2007 3:18 PM EST
    I am an adoptee from Colorado. My case is in the hands of a confidential intermediary. I was fortunate in that my search began before the starting fee became outrageous. Most of my family has been found and contacted. I already knew about everyone on my mother''s side due to a search angel but my father''s side was dead end until I hired an intermediary. Everyone on both sides has welcomed me with open arms. I am sooo blessed. On my mother''s side, it seems as if I have been in their lives forever.

    OPEN the RECORDS!!! Everyone should be reasonable adults on both sides of he triad. We can work it out so that everyone is satisfied as far as being contacted or not. But all adoptees should be allowed their records if they want them just like those not adopted.
    Reply to this comment
    by mitzitr44 November 15, 2007 5:25 PM EST
    yoopermom,
    That would be logical; to easy so there for it was not thought of to fill out a medical form...You must be an adopted parent...Wouldn''t it be nice the adopted child had some medical history. Especially when you are at the Dr.s Office every month, due to allergies, diabetes, bipolar issues that were inherited. The laws have changed considerably since the 1960s. I am hearing more and more information is included with adoptions now a days. Adult adoptee%u2019s of the 1960s to 70s era was closed, sealed, and secretive.
    The theory was adoption was the answer to unexpected pregnancy%u2019s, unwed mothers, childless couples, and family shame. It was never thought through how it would actually hurt the children and birth families beyond repair. Now all the thousands and thousands of adoptees want to know about them selves. This issue is about adopted adult children to help them heal.
    As I said if every other civil rights thing could make it to the courts why not open records%u2026
    Reply to this comment
    by anewman46 November 15, 2007 10:24 PM EST
    Katie Couric needs to know how many responses have came in since her report.
    Reply to this comment
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