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.

Is the term "Forever Family" contractual?

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.

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. 

SB 714, 2013 OBC ACCESS BILL "I don't understand the need...Is this for Financial Reasons?"

http://tlcsenate.granicus.com/MediaPlayer.php?view_id=9&clip_id=810

Start at 51:00 for Senator Lucio explaining the bill, (2013's bill was only in the case that the birth parents were dead). Go to 54:40 for Senator Campbell's comments about "financial reasons."
Senator Campbell's respsonse, "Which adoptees [want access]? Where?"

57:00 for Witness testimony by Adoption Knowledge Affiliates, Shirley Dodson &
TX Adoptee Reunion Services, Connie Gray.

2013 Companion House Bill 1014 by representative Susan King.

We remember in our bones

We can't remember
in our heads.
in our homes.
in our beds.
But in our bones,
we remember.

We can't remember
the lands.
the choice.
the hands.
But her voice,
we remember.

Our mind aches,
for what not it knows
But we remember
in our bones.

Copyright 2016 Marci Purcell. May not be used without express permission from the author.

DNA, Social Media, Sealed Records & Myths of Providing Anonymity

So, by now you may have heard the Ancestry.com, FTDNA.com, 23&Me, and GEDMATCH* are all offering very affordable, or free rates for their DNA Testing results. You simply swab a cheek, spit in a tube, or upload a prexisting data file from another company and whala, you are compared to anywhere from 1,000,000 -14,000,000 people depending on the service. If you plunk your DNA into more than one database you are compared to close to 20,000,000 people, and this number is very rapidly rising, daily.

Now, with DNA as the leading way to find long lost family, it is ludicrous to imagine that state governments are spending tons of money to make and keep adoptee records sealed. Spending money? Yes, because this process and all its trappings actually costs the state government money. The staff needed to process the OBC differently, the space needed to keep these files separate, and the work hours of high paid judges and clerks across the Texas, to listen to cases and grant or deny access to those who choose to petition the court. None of these measures, which translate to monetary expenses would be incurred if the records were open to the adoptees to whom they belong, just as they are for the non-adopted. The irony is the money and time IS NOT actually keeping people's identities anonymous, or even private, which people (inaccurately) cite as being the reasoning behind, and result of sealed records. What it is doing is disenfranchizing and perpetuating the stigma of being adopted for the majority of adopted people in this country, and leaving all parties vulnererable to very public searches, because this is what is left to them since records are sealed. Many adoptees would otherwise have no interest in reuniting with birth family, but driven to do so because that is currently the only way to gain access to their own, vital information, including family medical history, ethnicity, and genealogy information. 

Here's how sealed records is having the opposite effect of what some legislators purport:

When the adoptee interested in gaining access to their identity information (ethnicity, birth stats, genealogy) hits the brick wall of sealed records, they then turn to the public commercial sector, with all its social media and DNA tools. Facebook, Twitter, Instagram, Tumblr, and Google have all become the perfect venue for finding family. The adoptee simply scrawls down all the private information they know surrounding their birth (non-ID info) onto a posterboard, which is then shareable and they are off to finding family. Eventually a friend, or cousin, or adult child of the birth parent sees the information and makes the connection.  This discovery is usually followed up with a series of awkward phone calls until finally, the birth parent is identified then outed in a very public and unexpected way by their known family members or close friends. Not at all private for the birth parents, nor for the searching adoptee, for that matter.

Usually in tandom with social media, the adoptee does DNA testing, now the fastest way to finding family. As mentioned above, there are many millions of people in the database. I have yet to see someone domestically born test and not have at least a 3rd cousin match to the tester in the past year, and often a 2nd cousin or closer match is probable.  Although some matches may be somewhat distant, this is an amazing feeling for the adoptee; very grounding. To see for the first time ever that you are connected to others on this planet is usually life altering for the individual. To receive ethnicity information, although vague, is profound.

This realization of connectedness and new ethnicity information can be very motivating, and the person with renewed vigor doubles down to solve the mystery of who they are descended from. They "climb the family tree," spending hours researching, asking their new relatives how they could posibly fit in, sharing every shred of information they may have until the mystery is solved, usually through a new aunt, sibling, or cousin. Again, no privacy whatsoever for the birth family, or the adoptee.

And then there are the many who put in their DNA sample only to immediately match a birth parent because they, too are searching. DNA gold! Studies show an overwhelming number of birth parents want to connect, to at least gain some closure or peace about their decision. Some want to thank adoptive parents. For others it is to confirm the well being of their adult children who were adopted out in a different social climate then we have now, so their child, as an adult can gain healing through understanding their birth parent's decision. The DNA enrollment number will be increasing as more and more discover DNA testing as a reliable search tool. The opportunity for this reunion, and to know the whereabouts of their child often provides immense healing to both parties.

An important point I would like to make here is that the government continues to send the message, often in writing, on their website and printed materials, (and squashed legislation attempts by adoptee rights groups), that the sealing of records was implemented to, and will protect the birth parents' right to privacy from adoptees. This is not the impetus for sealed records and in today's day and age sealed records, as shown above, actually jeopardizes privacy for all parties. These old school arguments are simply untrue, especially in today's world.

The fact that birth records are not sealed from the relinquished individual *until* and unless there is an adoption, is telling. I was not adopted until I was 3, so my records remained mine, my original birth certificate served as mine until I was adopted. My given birth name, including my last name, was my legal name until I was adopted at 3. All the while, my birth mother was easily traceable, her identity known. In fact, I continued to posess my social security card with my original name on it after I was adopted. No one ever asked for it back. I grew up knowing my given birth name and date of birth. If the sealed records were meant to keep someone anonymous, why does this information remain the child's until the time of adoption, sometimes years later? Because these sealed records laws were put in place mainly to quell the concerns of the adoptive parents who were fearful of birth parents, not to guarantee the anonymity of the birth parents. I have seen my relinquishment document. There are no rights granted. Only rights taken away. Birth parent anonymity, as a reason for sealed records is only a myth. It was never the actual intent.

These laws are continually upheld on a false premise and rob adoptees of their medical, genealogical, and ancestral information. Imagine walking around in a world full of people and not knowing who you are biologically related to; fearful of dating a cousin or wondering if that woman who looks like you is your sister. Imagine the stress that accompanies that lack of knowledge. Imagine not knowing your ethnicity. It feels like society is playing a cruel trick on us. Family origin information, accoridng to the UN Convention on the Rights of the Child is a basic human right. Of course it is. Most non adopted can't even insgine what our lives are like. I challenge you to try.

We are asking lawmakers to stop holding our info hostage. We are adult, tax-paying citizens and tired of being treated like children. Adoptees are real people, with decendents, our children, who are also impacted. We are not enjoying this 20th century government supported social experiment, which amounts to systemic discrimination based on the circumstance of our birth. Stop violating our basic human rights and give us our original birth certificates. We are adults asking for what you all already have; equal rights to access our vital record.

Our issue is not about reunions. Reunions are happening everyday with DNA and social media. Our issue is about being treated with equality and diginity under the law. Our issue is about access to our own information in the form of our original vital record. What we do with that information, as adults, is our own business, just like what you do with yours is your business.