Saturday, March 4, 2017

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.

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