Sealed Records Question for adopters & adoption agencies?

Question

At what age do you believe adoptees should have access to their own birth records?

Many adoptees in 44 USA states (myself included) have explained at length how it is a violation of their rights that adult adoptees are still being denied all of their original birth certificates and records containing their original identities.

How do adoptive parents and for-profit adoption agencies continue to justify this practice today?

Overall, very good answers so far! I extended the deadline on this question to give plenty of time for answers, particularly from agency reps or adopters. As I suspected, their silence on this issue is quite telling. There is clearly no just rationalization for the sealing of adult adoptees’ records and they know that. In fact, the adoption industry and adoptive parents are clearly the only ones who could benefit from the continuation of this practice and none of them will go on record as stating why they believe it is fair or what perceived benefit there is to adult adoptees. By the way, KP, you do not have to be an adoptee to work to change laws. YOU could also do something to help change them. There are state legislators in your state as well.

Snowillow: Rights to records & Searching are 2 separate issues. Adoptees may or may not want to search.Regardless, their birth info is still their birthright that nobody should take away from another human.In the past, young mothers weren't given the option of open adoption.Yes, it may be well-intended to shield others from possible disappointment.The fact is we all, in one way or another, experience disappointment sometime in our lives. You are also basing your premise on the assumption that this will turn out to be disappointing for the adoptee.Only he/she can make the decision for him/herself when/if they're ready to search.To suggest that it's better for him/her to not find out at all because you believe they won't be able to deal with the truth, is patronizing.Nobody has a greater right to an adoptee's history than the adoptee him/herself.It should be up to to them what to share w/others,not vice-versa.What may seem disappointing to outsiders may actually bring needed closure.

Answer 1

HA! people have been "speaking up" for YEARS!! And we're answered with amendedments to the bills, and blackouts, CI's, Contact Vetos. Why are records sealed? because the govt. has inve$ted alot into adoption. They are profitting too much each year to take a chance on those profits disappearing. If records were opened nation wide, how many adoptees would discover just how FALSIFIED their information REALLY was. How many would discover that their mothers were coerced out of their children? That they wanted them? They would discover just how WRONG the adoption industry REALLY is.

Besides THAT, state legislatures are caught up on the idea that first parents who have surrendered chidren were at one point promised secrecy which is just a load of poo! Many weren't, some were, and even though the handful were, another unlawful promise of secrecy is NEVER a LEGIT ( pun intended to all of us illegits ) reason to violate another human beings HUMAN RIGHT.

This is one of the reasons the United States ( in my opinion ) hasn't enacted the United Nations Child Rights Treaty. It clearly states that :

Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a name,
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or
her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law
and their obligations under the relevant international instruments in this field, in particular where the
child would otherwise be stateless.

for a complete account of the UN convention on rights of the children vist here http://www.ohchr.org/english/law/pdf/crc.pdf

Answer 2

Anything medical information should be given at birth. Other info should be made available to the adoptive parents.
What you are asking for in an original birth certificate is the name of the people who gave you up. That was why they had closed adoption, they didn't want to be found. You might think this is cruel, that you have the right to know, and maybe you do, but how will it affect your life, will it make it better/worse. You just don't know.
It took me 29 years to decide to find my birth daughter. We now have a relationship and we are happy that we found each other. She had never tried to find me. She said I must have had a good reason to do what I had done. When she found herself in the same condition, she kept her baby and I am so happy she did. She knew what it was like to be abandoned and she couldn't do it to her child. She was a stronger person than I. She has a great mom and now a good friend.

Answer 3

They justified because of their own insecurities which often times start with an inability of conceive. The agencies, well that's just plain $$$$$.

I believe that adoptive parents should receive the information when the final decree is signed. If they do not choose to share this information with the child that they adopted it should be available to the adoptee at the age of 18.

There are some states that have the age of adulthood at 19, 21 and even 25 before any info can be requested. It should be 18 for all states, if you can enlist in the service you are old enough to know who brought you into this world.

Many people are of the misconception that records are closed to protect the birth parent(s). This is untrue they were closed to "protect" the child and adoptive parents. The law just implies it is protecting the birth mother.

There's my soap box rant for the day.

Answer 4

I think adoptees should have access to their original birth records just like anybody else has (since birth?).

Is it possible that many people just do not know that this is an issue?

I am an adoptive parent (internationally) and nobody mentioned anything about the birth certificate at all before our adoption. I knew we'd get an adoption decree with our names as the parents, but I was surprised to also be given an amended birth certificate.

I was also given my children's original, un-amended certificates. (I'm not sure if I have the only copy, or if they're still on file in their country of birth, too.) Until somewhat recently (years after we adopted), I had no idea that many adoptees have no access to their birth information.

I'll admit that I like having the amended certificate. It makes things easier (on me) for school registration and stuff. Our paperwork looks just like everyone else's paperwork so no questions are asked. Our adoptions are not a secret, but I don't really think the parent volunteer who is checking paperwork at kindergarten registration really needs to know about it.

But, regardless of that, I think all people deserve access to the original information.

Answer 5

I also agree that adoptee's should have access. But birth moms are allowed options that can deny this to their child placed for adoption. Some just don't want to be found.I also think some adoptive parents prefer this as well so not to ever feel threatend. Sadly, the person most effected by this is the adoptee. I personally don't think either party has the right to deny information from any adoptee. For better or worse everyone deserves the right to know where they came from.

Answer 6

i was adopted and yes i have sealed records and i do believe 21 you shud be able to get them but from what i understand i have to petition the court and i have to make sure the adotive parents are gone so there is no one to say no. i mean who are they to not let me have my records i saw a place someone on here that states they are fighting for the rights. i was very lucky somehow by the grace of God i knew my real name. I saw a clipping very young and remembered it years later and wrote the department where the birth certificates were and got my real one. so if they knew what their name was at birth they could also get it i had two junkie ones small cards like saying it was mine from adotion from michgian. i do have them but it took another 15 years to find out if i had parents or what i had. Now I am looking for distant relatives grandparents i know are dead but maybe there are cousins left.

Answer 7

At what age do normal people have the right to access their own birth certificates and medical records? The age requirement for adoptees should be exactly the same.

Unless, that is, you believe that adoptees are chattel for life and never attain the status of "human being" with basic rights guaranteed.

Answer 8

I believe it should be 18, and when you are emotionally old enough. Remember there was a reason you were adopted out. I would also get the support of your adopted parents, they are your parents and you were both blessed enough to be a family.No legal system should have a right to keep YOUR records from you.

Answer 9

At what age? - I think that they should have their records when the are old enough to read and express interest in wanting to be connected to their first family.

How do they justify the practice? - I have no idea. I am interested in what adoptive parents and agencies have to say. Maybe they are ill-informed about civil rights? Maybe they are hoping to live adoption as it was practiced in the 50's, 60's, 70's, even 80's, even now?

Answer 10

I waited until I was 25 years old and married two years before I requested my records. I never got to go through the chart and it is a standard practice of the adoption agencies and family courts to protect these very private records from the public. All of my questions were answered either by the adoption agency or by my birth mother, when she agreed to meet with me. I don't think that there is a standard age but I would think 18 years would be the minimum to have your adoption records pulled and questions answered. Perhaps it is for the safety and well-being of the mother as well as the child to never see the original birth certificate. I found out what I wanted to know without having to hire an attorney to draw up a Motion To Seal Adoption Records, not that I think the Courts would unseal them anyway. I think that the birth mother and father both have to agree in order for this to ever be unsealed. If fact, some court documents are simply not allowed to be unsealed, for whatever reasons the court may have. I'm not sure, but the adoption agency or the court may hold those original birth certificates... they aren't destroyed. I can't honestly say exactly why the Courts do this, but I truly think it is to protect both the birth parents, as well as the adopted child. Some parents just do not want their identities ever revealed, I think, but I can't say for sure. As far as the age goes for letting adopted children have access to their original birth records? Maybe I'm just too old fashioned, but I think that the child should be mentally mature to accept what they are reading, so I guess it would depend on the maturity of the child. But by18 years of age, a child is considered an adult in the eyes of the law. If 18 year olds can be sent off to war and they can vote, then they should be able to obtain the original documentation, although because of so many privacy acts this is not going to happen anytime soon. This situation is possibly one that young children may have more questions for than we can provide answers without shaking the stability of their world. Many adoptees feel that they were given up because they weren't wanted, when that isn't always the case and I think that too much information given to a young child might not be the best thing for them to hear. If a child thinks that they were originally not wanted, then it might pose the question to them, 'well, just how much am I loved and wanted now, if my birth parents didn't want me?" I was about thirteen when I started asking questions as to why I was adopted. Since my parents didn't think it was in my best interest to be truthful or that the truth might hurt me in some way, they lied. Finding out later in life that my adoptive parents lied to me probably hurt me way more than knowing my birth mother was giving me up so that I could hopefully have a better life than she could ever possibly provide. And considering some of the letters I've read from adopted children concerning their birth parents, sometimes it is just too cruel to tell them until they are emotionally able to handle some of life's harsh truths. Fortunately for me, my birth mother was able to supply the information for me that wasn't available for me to see on paper with my own eyes. And for that, I am satisfied and will always be grateful.