By Marci Purcell
I support restoring Access to Original Birth Certificates (OBC’s) to adult adopted people. In recent years there have been several important “game changers” causing the need for legislative change to protect the rights of many in the adoption community. They are the recent phenomena of social media and the DNA testing sites (Ancestry.com, FtDNA, 23&Me). In the past there were some passionate arguments relating to keeping these records sealed, however public opposition has dropped off considerably. I believe this is as a result of the game changers mentioned above. This type of legislation is more needed than ever, and those who have opposed it in the past are signing on. There are currently 22 States in the United States that allow partial or full access. 9 grant unrestricted access. There is still work to be done.
I support restoring Access to Original Birth Certificates (OBC’s) to adult adopted people. In recent years there have been several important “game changers” causing the need for legislative change to protect the rights of many in the adoption community. They are the recent phenomena of social media and the DNA testing sites (Ancestry.com, FtDNA, 23&Me). In the past there were some passionate arguments relating to keeping these records sealed, however public opposition has dropped off considerably. I believe this is as a result of the game changers mentioned above. This type of legislation is more needed than ever, and those who have opposed it in the past are signing on. There are currently 22 States in the United States that allow partial or full access. 9 grant unrestricted access. There is still work to be done.
Current status in Texas:
When an adult adopted person who was party to a closed adoption wants to reconnect with biological family in Texas, they have the following options (it is likely similar in your state, unless they have updated laws):
1. Petition the court of adoption for the judge to release the birth certificate: As adult adoptees, many of us from the baby scoop era, we are taught to feel ashamed of wanting this genealogical information. Even well meaning people say to us, “Why would you do this to your adopted family? They are your real family, the ones who raised you.” Am I not permitted to the curiosity I feel as most people do, when it comes to my ancestry? Learning my biological genealogy cannot begin to replace the memories of my childhood and the parenting of my adoptive family. No adult adoptee thinks it could. But it does not erase my innate curiosity and longing for my cultural identity. To go before a judge only risks the same judgement, the same accusing questions. but in a very public manner. For many adoptees this can be, and often is a very humiliating experience. It is again to be told, “You have no right to know your family, to know your heritage, not even as an adult citizen, as the rest of us do.” I am an adoptee, advocating for this legislation and I have not had the emotional fortitude to go before a judge and risk another rejection. The idea of this process makes me feel vulnerable and humiliated. Often times the judge denies access.
2. Social Media: If I do not have the means, the fortitude, or was denied my original birth certificate by the judge I can turn to social media. Sites like Facebook and Twitter have already played a vital role in uniting birth families. Adoptees are using the most efficient tools available to them, and right now that is social media. People ask, “what’s the harm in this. Why worry if it is working?” Well, I am worried and I am not alone. Reunions are stressful, as with any other life changing experience. A public reunion scenario adds another level of stress. I believe the humane way to initiate reunion is for a person to obtain their OBC, directly. Then the adoptee can reach out privately to the biological parents. When you “advertise” on social media, you risk “outing” the birth parent before they have a chance to prepare. In fact, the adoptee has inadvertently told thousands of people about a very private event, filled with a myriad of emotions for the birth mother/birth father. Or, the adoptee contacts a half-sibling or a cousin, and the birth mother is outed this way. Most birth parents actually do want to be found. Research supports this, however, most do not want to be found in a public forum; very jarring and not at all private. I think this is a real injustice. By keeping birth records sealed, it forces adoptees to go about searching in a very public way. If access to OBC’s is granted, it reverts back to a private matter between adult family members, as it should be.
3. DNA Testing Sites: There are now 10,000,000 people in the DNA databases combined. Again, a very useful tool with many of the pitfalls listed above. Sometimes an adoptee might not get a direct match to a birth parent when entering DNA. It may be a cousin or a half sibling instead. The adoptee then “climbs the family tree” until they reach someone who can provide answers or who is willing to do a little digging.This digging involves asking various family members if they know anything about a baby being relinquished or abandoned. The birth mother is then outed, possibly before she has had time to emotionally prepare or tell those closest to her about her relinquished child. With the awareness of the law changing, the birth parent has a chance to think things through, and make thoughtful decisions about how to handle contact, and at the very least tell those closest to them, if they choose. And with the adoptee directly obtaining their OBC from Vital Statistics, there isn't the risk of them asking many others before arriving at the right doorstep, so to speak.
So you see, adopted people are finding their families when they search using these alternative venues. But the current system is failing to protect people. It is failing to keep these matters private. Ironically, by removing government involvement by in dealing records, states can protect the rights of citizens on both sides of the equation. That is why the past element of opposition is missing. This is why so many legislators are signing on and we rapidly nearing the tipping point. Because, in the past an adult adopted person had little chance of finding biological family without the birth certificate. Now, the OBC has become almost irrelevant. Except it is not; Not to those whose OBC’s are denied them. It is a constant reminder that they are a shameful secret, not granted the same rights to their first medical and genealogical document as everyone else; an event for which they were present. Original Birth Certificate Access legislation, greatly reduces this risk of unwanted publicity and provides personal validity for thousands of Texas citizens.
Copyright 2015 Marci Purcell: All rights reserved; may be used freely with citation by non-profits and educational institutions.
