NEW YORK, Nov. 12, 2007
States Urged To Let Adoptees See Records
Report Cites "Overwhelmingly Positive" Outcomes In States With Open Records
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Play CBS Video Video Is Adoption A Private Matter? Only eight states allow adopted adults access to their birth and adoption records. Cynthia Bowers reports on the debate over privacy.
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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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Interactive Adoption Database Learn more about each state's laws relating to adoption consent.
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:
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.
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"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."States' experiences in providing this information make clear that there are minimal, if any, negative repercussions.
report by Evan B. Donaldson Adoption InstituteThe 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.
Add a Comment See all 38 Comments
- Katie Couric needs to know how many responses have came in since her report.
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- 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
- 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
- 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.
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- 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.
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- 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
- 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
- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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
- 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.
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- 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.
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- 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
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- 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.
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- 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
