Can You Imagine...?

Can you imagine a contract that:

-two parties enter into that is used to justify barring a third person (party) from knowing anything about their history, ethnicity or genealogy without that third party's consent or foreknowledge, though, in fact, legally it does not?

-This contract is signed by the first two parties without the consent of the third party - the actual person losing access to their own personal, most basic information.

-The third party, the one resulting in being barred, is unaware of said contract, or its signing at the time of its execution.

-The contract is interpreted as barring them, the third party from their own personal information for life, although this is not actually what's in the contract.

-The third person (party) has committed no crimes. And that same third person is not allowed to even view the specific contract that they are being bound by for life.

When the third party questions the validity of the contract they are bound by, but never agreed to, they are sometimes shunned and humiliated by those close to them, misinformed strangers, and also by privileged persons in positions of power. The barred individual's motives are questioned. They are told to be grateful that the contract exists.  

The terms of the contract, as mistakenly interpreted by others, extend until death.

*often one or both of the two signing parties do not fully understand the scope, full intent, or implications of the contract at the time of its signing. The third party, when later notified of the existing signed contract and its implied and actual terms, is keenly aware of all its implications through lifelong exposure to discrimination and all that that experience includes.

You can't make this stuff up.
#ThisIsUs #adopteevoices #HumanRightsViolations

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.

Lone Senator Kills Texas Adoptee Rights Bill, Impacting Estimated 540,000 Texans

With one emotional plea, a single senator, Senator Donna Campbell (R-New Braunfels) managed to override the will of 30 other senators, public opinion, and years of work. House Bill 984 by Representative Joe Deshotel(D-Port Arthur), was put forth by local advocacy group, Texas Adoptee Rights, and would have restored access to original birth certificates for Texas-born adults, adopted as minors. Rep. Deshotel garnered unprecedented bipartisan support in the House and passed it to Senator Brandon Creighton (R-Conroe) who diligently worked it through the Senate, also garnering bipartisan support from 30 senators, including 14 co-sponsors, all to no avail.

HB 984 enjoyed bipartisan support on the merits of what access legislation has done in other states. Restoring birth certificate access to adult adoptees most often results in lowered abortion rates for that state, which is why many pro-life groups are now signing on in support. The states that never closed access have the lowest abortion rates in the nation. HB 984 would have given adoptees access to vital medical history, along with the possibility to reconnect with biological family. The birth parent is given a voice through the contact preference form. This type of legislation has support from respected institutions such as The Donaldson Adoption Institute, The Catholic Conference of Bishops, The American Academy of Pediatrics, Family Tree DNA, and the National Adoption Center, just to name a few.

The Senator uses her personal experience as an adoptive mother to silence overwhelming public support. Her claims of speaking as an adoptive mother of four are somewhat clouded since three of her four children are her step-children, and not infant adoptions. They presumably have access to their medical histories, which is among the top reasons for aging adults to request access to family records.

The reality that the bill would not be recognized due to the stance of a lone senator based on outdated adoption myths, hit hard Tuesday night. People were stunned, inside and out of the Capitol, with people watching online from all across the country. Senator Campbell killed a bill with unanimous committee support in the House and the Senate State Affairs Committee, and would have easily passed in the Senate as it had passed the House, 138-1.

Last session a bill that would allow adult adoptees to access their original birth certificates if their birth parents were already dead, was also killed by Senator Campbell. In the committee hearing when discussing the legislation, she began by asking if contact was financially motivated “Why the need would a child want to go back and find, for financial reasons? That they should be allowed something…?” She repeated the statement “fail to see the value” and later continued objections, saying “This to me slaps in the face...of how the adoptive parent would like to raise these children up in talking about things” Adoptee Advocate, Connie Gray reminded Senator Campbell in her testimony that as minors, of course the parents are the authority but, “We do grow up, and we have our own rights to our own records.” Video can be viewed here: http://tlcsenate.granicus.com/MediaPlayer.php?view_id=9&clip_id=810 beginning at 51:00

Today 90% of Texas adoptions are considered to have some form of openness, allowing current adopted children access to vital medical history and genealogy. HB 984, would have granted that right to adults who were party to closed adoptions, rectifying this inequity between the generations, allowing all Texas adoptees access to this critical and self-affirming information.

Game Changers for supporting Original Birth Certificate Access for adult Adoptees

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.

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.