Texas Senate Bill 329 86th Legislative session

What Texas Senate Bill 329 does:

1. Restores access to the non-certified copy of the original birth certificate to the adoptee at age 18.
2. Provides a contact preference form to birth parents to specify preferred contact: direct, through an intermediary, or prefer no contact.
3. Provides a medical history form which can be filled out by a birth parent and attached to original birth certificate with the contact preference form.
4. Provides descendants of the adoptee access in the event the adoptee is deceased, in keeping with the rights of access for no- adopted citizens.

Why it makes sense:

• Prior to 1973 implementation of the Texas Family Code birth certificates were open to the parties of the adoption, including the adult adoptee and birth parent(s). Currently, the original birth certificate remains the birth certificate of the child until they are adopted. Adoptions may occur months, years later, or never, resulting in the foster child becoming an adult, keeping their original, intact birth certificate. If birth parent anonymity was the intent of the Family Code, the system would be written otherwise.  
• This is the first time in Texas birth parents would be legally granted a voice in the process.
• This would provide ethnicity information, genealogical information, connection to biological family information. All critical to the health and well being of the adoptee.
• Birth parents are not legally promised anonymity at the time of adoption. Their rights are removed, not granted at the time of relinquishment. Concerned United Birth parents supports this legislation. They do not feel they should stand in the way of an individual's right to their own personal vital record. Furthermore, the release of the original birth certificate minimizes the chances of the adoptee having to conduct a more public search, using DNA and social media  
• Releasing the original birth certificate to the adult adoptee is in keeping with Texas tradition and current norms. The records were not sealed to the parties of the adoption for most of the 20th century (1973), A simple study and inquiry into past and current adoption systems reveals no evidence that this sealing was or is done to protect birth parent privacy. When discussing the current practice with today's agencies, the original birth certificate is routinely given as part of the adoption file to adoptive families before it is sealed.
• Although Texas does maintain a mutual consent registry, the nature of the registry forces the adult adoptee to contact the biological family first in order to obtain their own personal information. SB 329 gives the adoptee their vital record without requiring a reunion.  
• Although the addition of the medical history form as part of the adoption process did occur in the 1990's, the information provided is minimal and static.Imagine a family medical history without any updates during your lifetime. Have you always known what your parents would be afflicted with as they age? Family medical history is ever evolving. This is of little help to adoptees as they age and attempt to navigate their medical care in adulthood. SB 329 provides a way for adoptees to obtain an up-to-date family medical history voluntary.
• SB 329 carries no fiscal note, yet accomplishes so much.
• Adoption professionals have known for decades that providing the adoptee with origin and medical history information is the humane practice. To continue to deny adoptees what all others in our society enjoy is simply cruel. When we know better we do better. This issue has been on the hearts and minds of the adoption community for over 20 years, This is the 11th consecutive session this type of legislation has been introduced and the closest we've come to getting it passed!  

Original bill test here: http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=85R&Bill=SB329


Copyright 2017 Marci Purcell: All rights reserved; may be used freely with citation by non-profits and educational institutions. 

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.