There is an argument afloat that adoptive parents signed into a contract and were given the impression through the adoption process, that they would be the "forever family" to their adoptive child. They feel opening records threatens that "promise" and violates adoptive parents rights," and so justifies keeping adoptees' original birth certificates sealed.
1. Granting an adult adoptee a non certified copy of an original birth certificate does not change the legal relationship of parentage. An adoptive parent is still recognized by law as the legal parent. Most importantly, adoption contracts do not stipulate that the identity of the birth parent(s) will never be released to the adoptee. Providing a non-certified copy of an OBC to an adult adoptee does not impact the legal status of an adoption or violate an adoption contract.
2. The rights of any legal parent, either biological or adoptive, to control or limit the rights of their child do not extend past the emancipation age of 18, when they become an adult citizen.
3. The idea of a "forever family" is not legal terminology. This is a social term that has been used to describe a family that will ensure the test of time, not the test of a legal contract and whether it survives into adulthood. We are in relationship with our parents as adults because we choose to be, we are not required to be. No contract can enforce a parent child relationship into adulthood nor would we want it to do so.
4. Many adoptions occurred prior to the sealing of records. These parents were given the impression that their children, once adults WOULD have access to their information when they turned 18, and yet the records were still sealed retroactively, regardless of their impressions. See, An Adoptee Roared in OHIO: The Betsie Norris Story, by Jean Strauss.
5. There is nothing in an adoption contract that stipulates a child, once an adult is legally prohibited from gaining knowledge of their own truth or origins. If there were, we would not have even the inefficient systems and pathways we currently do, the adoption registry and the courts.
6. It must be mentioned that adult adoptees did not sign the adoption contract. They are a third party in a contract they did not sign. Although the first five points nullify the validity that OBC access somehow infringes on the adoption contract signed by the parents and the agency/state, it cannot go unmentioned that adult adoptees did not sign into this contract at any time. Thus, they should not be held contractually to the terms of said contract once they reach adulthood. (Incidentally, none of these contracts grant a birth parent a lifetime of anonymity, especially since this would be negligent for the state to do so). It is then their choice to remain in a relationship, not because there was once a contract that bound them but because it is a beneficial relationship, as is the case with non adopted adults and their relationships with family.
6. It must be mentioned that adult adoptees did not sign the adoption contract. They are a third party in a contract they did not sign. Although the first five points nullify the validity that OBC access somehow infringes on the adoption contract signed by the parents and the agency/state, it cannot go unmentioned that adult adoptees did not sign into this contract at any time. Thus, they should not be held contractually to the terms of said contract once they reach adulthood. (Incidentally, none of these contracts grant a birth parent a lifetime of anonymity, especially since this would be negligent for the state to do so). It is then their choice to remain in a relationship, not because there was once a contract that bound them but because it is a beneficial relationship, as is the case with non adopted adults and their relationships with family.
Fortunately, not all adoptive parents are putting forth these arguments. Many support access. Especially in a time when 90% of adoptions have openness. Adoption therapists and social workers emphasize the importance of adoptees knowing their origins, and have for decades. In fact, it is quite surprising these antiquated ideas still persist at all. With many states now having access, clearly the tide is turning.
Copyright 2015 Marci Purcell: All rights reserved; may be used freely with citation by non-profits and educational institutions.
