Game Changers for Supporting Access

I support #SB329. In recent years there have been important game changers causing the need for legislative change to protect the rights of many in the adoption community. They are social media and the DNA testing sites (Ancestry.com, FtDNA). In the past there were arguments based on feeling relating to keeping records sealed, but those proved to be myths by the longitudinal data. In fact these bills look to be naturally lowering abortion rates as the abortion rates typically decline in states that restore access and are lowest in the states that never closed.

Current options for adoptees in Texas

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, 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?” Reunions are stressful. 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: Again, a very useful tool with many of the pitfalls listed above. It is rare for an adoptee to get a direct match to a birth parent when entering DNA. It is usually a second cousin or maybe a half sibling. The adoptee then “climbs the family tree” until they reach someone who is willing to do a little digging.This digging involves asking various family members if they know anything about a baby being relinquished. The birth mother is then outed, possibly before she has had time to emotionally prepare or tell those closest to her. 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.
.
Adopted people are finding their families. But the current system 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. OBC Access legislation greatly reduces this risk of unwanted publicity and provides personal validity for thousands of Texas citizens.

Why Adoptees are Needed to Testify for OBC Access

I've gotten to know the Capitol fairly well, and in my travels through its halls I meet mostly supporters of OBC access. I think it is fairly accurate to say we have "overwhelming support" in the Capitol. However, I still meet a few who "do not see the need." That is personally why I go. To be seen. And heard. As I am no longer a child.

What opponents say to me as an adult adoptee regarding my rights to my information.

Nothing.

They say nothing.

Nothing that acknowledges that I am a voting, autonomous adult. They refer to me as "the adopted child," if they refer to me at all. I am unseen in the equation. I did not pay money to sit at the adoption table. I did not empower someone else to become a parent. I have no signature on the contract. I am to remain silent and be grateful that it "all worked out for the best."

They say nothing about our lack of family medical history, or that the state created, current systems in place are inadequate and daunting. They say nothing about how not only do we not have our family medical history but neither do our offspring. They do not speak to my anxiety as a dating person, not knowing who I am related to or growing up without accurate or ANY ethnicity information.

They say nothing to me, the adoptee.

Birth parents need to testify because people are speaking for them. In the case of adoptees, no one is even bothering to speak for us....we are not even part of the narrative. Opponents are not even bothering to co-opt our voice in this issue. We are children. We are not to challenge the system. According to our opponents, any and all information can only come to us from the parents, no matter how old we are. Our birth certificate is not for us to be handled without permission.

The opponents will be there Monday, and their dismissal of us, of adult adoptees will be seen by those who are in support. This is perhaps one of the most powerful aspects of this hearing. To see who is moved by our stories and who is not, and for others to see that, too. If you support, come lend your voice or vote to this process.

**The State Affairs hearing regarding OBC access is Monday, March 27, 2017 9 am at the Texas State Capitol in Austin in the Senate Chambers. Affordable parking can be found at the Capitol Visitors Parking Garage, a half block from the Capitol Building. When you enter you can ask for directions or stop by the visitors desk and grab a map. They can also give you directions. The bill order is not announced until the morning of, so we do not know what exact time the bill will be heard. Look for the group dressed in bright blue, either in the Gallery or Chamber depending on schedule, if you want support. We will be giving testimony and providing support to each other.

Texas OBC Access 2017

A bill that would restore access for adults who were born and adopted in Texas to a noncertified copy of their original birth certificate is currently making it's way through the Texas legislature. SB329 and HB547 are the bills to support for this proposed restoration of rights. Most people assume adoptees get their information when they become adults, but in Texas this is not so. However, since adoptees come from all walks of life and across the political spectrum this bill is currently enjoying bipartisan support.

So far, 13 senators and counting have heeded the many constituent requests to sponsor SB329. The group who put the bill forward, Texas Adoptee Rights, has mobilized thousands across the state. Those in support of restoring access include birthparents, adoptive parents, and adult adoptees. There are also many professional and medical groups who recognize the need for adults to have their information, both for medical reasons and for personal identity information, such as ethnicity and biological lineage. Others support simply on the grounds that it is discrimination to bar one group from accessing the document everyone else has a right to.

The biggest catalyst for an improvement in the law has been the emergence of DNA testing companies and social media. With closed records, adoptees and some birth families now turn to these public venues to search. This often results in extended families, including half siblings and social media “friends” being contacted before the birth parent even knows there is a search. Restoring access to birth certificates allows the process of reconnecting to be private once again, and a one-on-one communication instead of a public "outing." SB329 restores privacy for all involved and removes the need for public searches.

Some argue the current system is sufficient, but if that were true advocates would not have such a strong case to amend the law. Advances in DNA technology have made the registry and court system a liability to time sensitive searching, and there are those who just want their info, with no interest in searching. As for the registry, dead people don't register, and if a birth parent has died of an inherited disease there is no way to get this info to the adoptee.

The adoption language and societal cues leave adoptees and birth parents feeling they have no right to know each other even though they may have the desire, so they dare not register. The court system can be degrading and yields unpredictable results depending on the judge's perception of the vague term, "good cause," as is written into current law. Attempting to fix a completely broken system is a waste of state resources. With this information age comes a need to overhaul how we view confidentiality, and what actually preserves it for those involved in adoption. Secrecy is never a real solution. The concept of anonymity is from a bygone era.

With the discovery of how vitally important family medical history can be, adoptee’s lives hang in the balance. Some are in a race against time to discover what medical issues may be in their future, or worse, they may be struggling to diagnose a disease without the necessary information for their doctors to solve their medical mystery.

With so many senators signed on to SB329 things are looking good! The support is there and is making good progress through the legislative labyrinth. The further good news is this bill generates money for the state of Texas, instead of costing.

I, a long time Texas resident but a New Jersey adoptee, received my birth certificate just days ago. Their law went into effect January 1st. Seems odd that the geography of my birth affects what information I am permitted to know about myself. I cannot wait until my fellow Texans can enjoy the same feeling of legitimacy that comes with access to one's own birth record. It is a profound experience.