The Open Records Debate, Page 2

Should Adult Adoptees Have Access to Their Original Birth Information?

The Positions

For purposes of this article, the many possible variations within each position have been distilled into three major groups.

PRO: For Open Records

What They Say

Those in favor of open records are advocating for the equal right of unrestricted access to original birth records for all adult adopted persons, i.e., the same right given to non-adopted adults.

They further support that:

  • birthparent privacy is not an open records issue, since "open records" simply means access to the information, not a mandate for contact,
  • open records are not a threat to adoptive parents, and
  • instances of abortion will not increase with open records, among others.


Why They Say It

A synopsis of the main arguments supporting open records.

A separate class: This group believes that any form of restriction (court order only, vetoes, intermediaries, mutual consent, etc.) serves to separate adult adoptees as a "class" of people, and treats them not as adults but as children who need the supervision of others.

Secrecy implies shame: Adoption author Marcy Axness writes, in Painful Lessons, Loving Bonds: "If we didn’t find (adoption) so contemptible, so laced with shame, why would our laws be so vehemently constructed to protect everyone from the shame returning to their doorsteps?"

Fundamental right to know: Judge Wade S. Weatherford, Jr., Seventh Judicial Circuit Court, SC, said in a ruling on an adoptee’s petition to gain access to adoption records: "Mankind is possessed of no greater urge than to try to understand the age-old question: ’Who am I?’ ’Why am I?’... Those emotions and anxieties that generate our thirst to know the past are not superficial and whimsical. They are real and they are ’good cause’ under the law of man and God."

Major Players

For those interested in getting involved with advocacy for open records:

CON: Against Open Records

What They Say

The main argument put forward by those who oppose open records is that birthparents do not want their identities revealed. Additionally, many feel that if the possibility of anonymity is not preserved, abortion rates will climb as women choose not to risk the chance that their information will be released. Many opponents do support the release of information by court order (as prescribed by law) and sometimes through the use of state-run mutual consent registries where information can be exchanged as prescribed by law if both parties agree.

Why They Say It

The expectation of privacy: Opponents claim that many birthparents made their decisions based on the expectation, erroneous or not, of a lifetime guarantee of anonymity, even from their children.

The right to privacy: Open records opponents believe that access to their adoption records would violate birthparents’ fundamental right to privacy.

Abortion: Some believe that abortion rates will climb if women feel their anonymity cannot be preserved in an adoption placement.

Major Players

Compromise

What They Say

This group will accept compromise measures, including contact and disclosure vetoes, and confidential intermediaries, in order to get some legislative changes passed. This allows access to records for adult adoptees only after intervention by and/or receiving permission from someone else.

Why They Say It

This group supports open records but believes that any change to the law is better than none. "It’s better than nothing," is an oft-heard comment.

Major Players

It’s hard to name the major players in this group since individual legislative battles have sometimes resulted in compromise where none was expected, and other groups that were expected to compromise have withdrawn instead.

Additional Resources:

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