Why are some states so against opening adoption records?

Question

I was adopted in NY, and they seem to be really far behind when it comes to opening records, even though it is common opinion now that it is peoples right to know.

Is it because so many adoptions probably happen in NYC that the state doesn't want to deal with it?

I recognize that open records doesn't necessarily mean contact. I live in Alberta, and they opened the records a few years ago, and people I know got all their information but some still couldn't find their b-parents, and some didn't want to still.

Answer 1

Isn't it crazy Raina?

Just think NY state denies it's adopted, tax paying citizens their birth certicicates.

In this same state Ms. Clinton wants to give driver's licences to illegal immigrants.

What a country!

Answer 2

One misconception is that opening records will lead to contact. Of course, open records is different than contacting birth parents. Records have to do with accessing documents that are ours. Indeed, keeping them closed, rather than preventing birth mothers from unwanted contact, forces adoptees to search for birth mothers to find out the information contained in those records. Though the argument to "protect" the privacy of birth mothers is fairly common, it really seems to be a distraction, since it is legal to search for birth mothers.

Indeed, there seem to be no good reason for keeping these records sealed. Birth mothers were never guaranteed confidentiality that some claim. Abortions do not seem to rise when records are open. And there is not a rash of stalking or other unwanted behaviors when records are open. And, most importantly, none of the reasons offered for keeping the records closed explain why adoptees should be denied their rights to access these records.

All of which leads me to wonder what the real reasons are? Some people must believe some of the bad reasons offered. But if that's the only thing preventing the records from being opened, the clear arguments against these reasons should have led to the records being opened by now. I don't know that I believe any of the conspiracy theories. But there is definitely something strange here.

Answer 3

I disagree that the original intent was to protect the child. I think it had a lot more to do with "protecting" the adoptive parents and "protecting" the bio grandparents, along with "protecting" the agencies themselves.

There are powerful forces lobbying to keep records closed. They have money. Open records advocates have less money.

And if money doesn't work, the closed records advocates just throw out the abortion debate... claiming that open records will lead to an increase in abortions. Even though the evidence (in states that have opened records) says otherwise. But most people don't know that, they just panic thinking more women will have abortions and never stop to find out that it's simply not true.

Answer 4

Hi Rainia,

There are two real reasons why states are so opposed to opening adoption records. It has nothing to do with protecting grown adult adoptees and their natural parents from each other, although those are the most commonly given reasons.

The first real reason is MONEY. The adoption industry pockets thousands of dollars off of each and every child placed for adoption. They do not want that source of income to stop. They do not want the status quo to change. They do not want their jobs reformed or eliminated. Why might their profits stop or become reduced if records were opened? That brings us to the other major reason.

The second real reason is FEAR of accountability. Opening records might expose unethical practices that occured for decades under sealed record laws. Nobody wants to be held accountable for those past wrongs. There could be major class lawsuits brought forward. Yes, the industry knows many big mistakes were made, in some cases outright fraud, and they do not want them revealed! They would prefer to sweep those facts under the rug and keep them there forever. How convenient to have a law that allows them to do so. They would prefer that all those grown adoptees demanding their equal rights would just shut up and leave their business alone. Mutual registries is their cure for avoiding their own responsibilities in it. Yet, that does not address the inequality of the birth records issue & it is no valid reason for anyone to continue to operate under sealed records.

The powerful NCFA with lots of money, represents many large adoption agencies. They are working very hard to ensure that legislators in their states are going to represent their personal interests. And who do you think they are really most concerned with protecting? Their own financial interests and their customers (adoptive parents, who also have money) OR two grown adults who are related and who might now have an interest in knowing more about each other?

All of the tired old excuses have been disproven yet the adoption industry still fights against equal rights for adult adoptees. Why do you think that is? Abortion rates are lower in open adoption states. Adoption rates are higher than the national average in Kansas & Alaska, states where adoption records have always been open. States with recently opened records have not encountered the predicted problems. Other countries have not encountered any problems either. The Donaldson report clearly shows it would be fair and beneficial to open records for adults in all 50 states. Truth & honesty is always better than secrecy and lies! It is time for laws to evolve to reflect equality, and to do away with the stigma of children born to single mothers. Closed records is a disgraceful chapter in adoption history and it's time for some reforms, starting with open records for all.

Yep, money & fear are the the real reasons behind closed adoption records. People should think more deeply about those motives the next time they hear this issue being discussed. Thanks for bringing it up.

julie j
reunited adult adoptee

Answer 5

well me for one was in michigan adopted. i k now my records are sealed and i have to gt them. i will next time i have a chance i am always there once a year i just havn't gotten them yet. well back years ago the one giving the child away figured they would never hear from the kid again but that is not possible. all the siblings are looking for their parents and opened adoptions are ok but can you imagine knowing your real parents also? well if i had i would probably had hard time growing up. i mean my bio folks were drunks and druggies and they were both a mess my mom rain away with a man twice her age the day after i was born there are so many reason si guess i could think of and i know that open adotpions could be nice but heck its the idea that some day a parent will come back. its really funny though because someone that doesn't raise you there is no feelings there for that person. just the ones that brought you up but hey its for us to just treasure what we have good luck

Answer 6

I think it's a difficult balancing act for state legislators to try to sort out. There are some women who don't want to be contacted by anyone after making an adoption plan so they want complete confidentiality. On the other hand, adoptees often want to learn about their birth families to give themselves a more complete sense of identity.

Adoption agencies are not necessarily against changing the laws, most encourage open adoptions although in most states openness is not necessarily legally protected.

Answer 7

There are many, many reasons why the records are sealed. It was to protect everyone involved. After all, if a person knew where the adoptive parents lived and who they were, they could go to their house and steal the baby back if they changed their mind. I believe there is a list that one can get on if the biological parent and the adoptive child are looking for each other. This way nobody is hurt or in the dark. I think they match you up somehow. Maybe you can find some information on line about this so-called list.

Answer 8

Closed records are an ancient artifact from the era when adoptive parents were told that once they adopted a child he/she became "as if born to" them. Having inconvenient bio parents around kind of spoiled their fantasy that they had cured their infertility.

Now the adoption agencies are wielding their political (financial) power to keep records closed because their customers would love to go back to those good old days.

Answer 9

the original intent was to protect the child. but, things change. i think if a person wants to find their real parents they should be able to. i know there is a large ache in some to know. i always hope they find the answer they want. and, it's not just n.y. , there has been a ton of adoptions in every state.
money buys answers.