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(Paramus, NJ) April 9, 2008 - Last week the New Jersey State Senate passed a bill (S611) which would give adopted adults the right to access their own birth records; the bill now heads to the Assembly for a vote. This bill is a long time coming and we commend the bill supporters for their courage in bringing the bill and adoption itself into the sunlight.
Without access to birth records, adoptees have no knowledge of their heredity or medical histories. This lack of knowledge has a lasting physical and emotional impact. Adoptees are denied the right to full knowledge of their cultural and genetic identity, as well as the potential health risks against which they otherwise could take preventative medical or life style choice measures.
If you knew that your mother had a chronic heart decision, wouldn't that influence your decision not to smoke? If you were considering having a baby, wouldn't you want to know if one of your parents carried the gene for sickle cell anemia or Tay-Sachs disease?
Over one hundred thousand individuals who were born and adopted in the State of New Jersey do not have access to their accurate medical histories when making these crucial decisions. This group is being denied the basic right to make educated decisions about their personal health, and their children's health needs.
Kansas and Alaska give adult adoptees access to their original birth certificates. Alabama, Delaware, Maine, New Hampshire, Oregon and Tennessee have also granted some access. Some opponents of Open Access to Birth Records indicate a fear of increased abortions and decrease in adoptions if this bill is enacted. Actually, the opposite has occurred in most places where there has been a change to open records. In fact the trend in our country has been to involve the birth parents much more in selecting the adoptive family for their child, a process which promotes openness from the beginning of the placement.
Children's Aid and Family Services has been involved in the miracle of adoption for more then 100 years. We offer a service for adult adoptees who wish to contact their birth families and we have found that the overwhelming majority of birth families, when contacted are thrilled at knowing that their child has had a good life and is safe. Rather, than the fear of discovery of birth mothers, that is cited by some opponents, we find the sense of relief and gratitude of birth mothers in knowing their child is okay is the response of most.
It is critically important to look at this issue from the perspective "will this bill do more good then harm?" for the majority of adoptees and birth parents. Research and experience in all jurisdictions that allow for open access has shown that it has. The Evan B. Donaldson Adoption Institute published a policy paper (November, 2007) that reviews the actual evidence that does exist. "As states have amended their laws to provide adult adopted persons with access to their own adoption information there has been no evidence of the negative consequences predicted by opponents…. Similarly, there has been no evidence that the lives of birth mothers have been damaged as a result of the release of the information to the children(now adults)whom they relinquished for adoption."
The experience of Children's Aid and Family Services echoes these findings. Since 1991 when we began maintaining statistics, we have conducted 715 searches on behalf of adult adoptees for birth parents. Approximately 10% of birth mothers decided against meeting with their child but were happy to provide background and medical information to share with their child. Is it fair to deny the 90% of families who wish open access to protect the 10% who wish privacy, especially when that 10% have the opportunity to ensure that their privacy will be maintained? And, like any other mother, those in that 10% still want what is best for their child and most will take the opportunity to share the critical medical information if given the chance.
The proposed bill offers birth parents the right to deny access to the birth records and gives them a full year to notify authorities of their wishes.
Another point to keep in mind as we debate this issue is that of the environment of secrecy and the confidential nature of adoptions that was prevalent in the 40's, 50's and 60's when infant adoptions were the norm. That secrecy arose from a desire to protect adoptive families and the child from any possibility of the birth parents changing their minds. Today, the majority of adoptions that occur in this country are relative and step parent adoptions, as well as adoption of older children from the foster care system. In both categories there is no confidentiality, as older children know their birth history, as do the adopting families.
- So, who are we protecting? And at what emotional and physical costs to the thousands of adult adoptees who are asking for the same constitutional rights as others in our society? We all know change is hard, but this change will only enhance the adoption experience BY leaving the secrecy, shame, and fear in the past. As put by Senator Bill Baroni (R., Mercer), himself an adoptee, "this legislation will continue to promote an amazing gift": the gift of adoption.
I urge people to write to their assemblymen and assemblywomen and encourage them to support this important bill. Give adoptees the same rights so many of us take for granted: access to information about our origins that allows us to make informed decisions about our health and complete the picture of who we really are.
Rose Zeltser, MSW, LCSW
Senior Vice President, Children's Aid and Family Services
Paramus, NJ
The above Op-ed piece was featured in The Sunday Record on March 23, 2008.
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