NEW JERSEY: Birth Records Focus on Debate, March 12, 2008

EASTON (PA) EXPRESS-TIMES
March 12, 2008

Birth records focus of debate
March 12, 2008
By Trish G. Graber


TRENTON | Amy Lerke-Gonzalez always wondered whether she looked like her birth mother.

But the Washington resident, adopted at 2 days old, never sought out her birth mother.

"I always felt like my mother who adopted me was my mother," said Lerke-Gonzalez.

At 40 years old, Lerke-Gonzalez is still unsure whether or not she will ever contact her birth mother.

But Lerke-Gonzalez, herself an adoptive parent, is sure of one thing: She and other adoptees should at least have the opportunity to learn about their roots.

A state proposal, which has been debated for more than 20 years, is again making its way through the Legislature and would give adoptees the ability do so.

The bill would unseal state adoption records, providing adoptees access to their original birth certificate at the age of 18. It would also allow the adoptive parents of a minor access to the information.

Advocates who have pushed for the measure say that adoptees have the right to know their cultural background as well as their medical history.

"We've done nothing to get born at a time when our parents either believed or were persuaded that they couldn't care for us, and we get punished," said Pam Hasegawa, spokeswoman for the New Jersey Coalition for Adoption Reform and Education.

According to Hasegawa, about 150,000 adoption records remain sealed in New Jersey.

Seven states allow access to records

Only seven states allow adoptees access to their original birth certificates, according to NJCARE. They are Alabama, Alaska, Delaware, Kansas, New Hampshire, Oregon and Tennessee.

Typically, an amended birth certificate is issued for adopted children, naming their adoptive parents and oftentimes giving the child a new name.

The legislation to provide adoptees with their original records has remained controversial because opponents believe a birth mother was guaranteed the right to privacy when she gave up her child.

"Some of these cases are sad; they involve people being raped by family members," said Patrick Brannigan, director of the New Jersey Catholic Conference. "And they were told that they can go on and live their lives and the child will be nurtured and comfortable."

Brannigan has advocated for amending the measure to allow the information to be distributed only when both the birth parents and adoptive parents agree to it.

Advocates for opening the records to adoptees have shown no signs of making such a concession. And supporters, like Lerke-Gonzalez, remain adamant.

"I think that once a child is 18 that they should know," Lerke-Gonzalez said. "I think it helps in a lot of ways, not just health-wise but for their own heart."

Lerke-Gonzalez learned of her mother's background after receiving a letter 17 years ago from the New York state registrar. It said her mother was trying to contact her and included a phone number for her biological brother, Max.

Lerke-Gonzalez made the call and spoke to Max's wife.

She never called her birth mother.

"I just really didn't feel that I had anything to say to her," she said.

Lerke-Gonzalez never sought out her medical information -- but, advocates believe, at least she had the ability to do so.

Advocates hope bill finally passed

Advocates are hoping that this year a law will be enacted to give others the same opportunity.

The state proposal was approved by the Senate last week.

The bill, sponsored by Sen. Joseph Vitale, D-Middlesex, would unearth original birth certificates for adoptees.

However, it would allow a one-time, one-year window from the time the law is signed for birth parents to contact the state to specify that they want their identities kept private.

If their identities are withheld, birth parents would have to disclose their medical, cultural and social history, which would be provided to the adoptee upon request.

Birth parents could also stipulate if and how they would like to be contacted.

"This bill has been around in the state Legislature for a long time, and I believe we've been successful in crafting a measure which gives birth parents ample protection, should they desire it," said Vitale.

The measure must still be considered by the General Assembly.

Trish Graber is Trenton correspondent for The Express-Times. She can be reached at 609-292-5154.

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MINNESOTA: Commentary--Proposal Does Not Pit Adoptees, Birth Parents, March 11, 2008

MINNEAPOLIS-ST. PAUL STAR TRIBUNE
March 11, 2008

Kathy Tingelstad and Ann H. Rest: Proposal does not pit adoptees, birth parents

Instead, it carefully restores a right to basic information for those who have been adopted.

By KATHY TINGELSTAD and ANN H. REST


The March 7 Star Tribune editorial regarding the adoption legislation that we are sponsoring chose to focus on mythology about adoption rather than on the proven need for adopted persons to get their birth information.

The debate over whether adopted adults should have access to their original birth certificates is often mistakenly viewed as birth parent vs. adoptee rights. This is simply not true. The reality is that the debate is more about restoring the right that adopted persons once traditionally had to their birth information, pitted against the mythology that birth parents need protections from secrets and that the state and placing agencies should be the protectors of those secrets.

Minnesotans may not realize that when an adoption takes place, the original birth certificate that contains the birth parents' names is sealed and not available to the adopted adult. In 1917, Minnesota became the first state to seal adoption court records away from prying eyes of the public, in an era when secrets were designed to protect the child and the adoptive family. These records were always available to the adoptive family and in many cases to the birth parents.

In 1945, as secrecy became the foundation of adoption, our state joined others in sealing the birth certificate away from the parties that most needed it -- adult adoptees. As many birth mothers will attest, they were not promised confidentiality (because it could not have been guaranteed), but rather they were encouraged to forget about their adoption placement. Most of them, however, were not able to forget. And society has changed from secretive adoptions to open adoption placement celebrations. That birth parents are advocating for this legislation is evidence they want the best for the children they bore.

We, as legislators, have been working for several years with a group of grass-roots volunteers yearning to update Minnesota's antiquated laws regarding access to the original birth certificate for adult adoptees. These volunteers are adoptees, birth parents and adoptive parents who return, year after year, to advocate for reform.

They are armed with data that shows no state has undone access once the legislation has passed. They have research showing that adopted adults who are denied their birth information are harmed emotionally and are at heightened medical risk.

Our compromise legislation honors provisions for birth parents who wish to prevent the release of a birth certificate to the children they relinquished; they may sign an affidavit of nondisclosure with the Health Department. Since 1982, when this document was first implemented, there have been 1,228 filed. That preference would be honored; these birth certificates would not be released.

The Star Tribune editorial falsely stated that the legislation "would change a sensitive and fundamental aspect of the adoption process retroactively." This is not true, since the affidavit was not in existence prior to 1982, and yet it will be available both retrospectively and prospectively to birth parents wishing to use it.

Our legislation is also based on new data released last month by the Health Department showing that 11,683 birth parents signed documents stating they do wish disclosure. Yes, more than 90 percent of the birth parents signed this affidavit of disclosure! Adult adoptees would be able to get a copy of their original birth certificate; this is something nonadoptees take for granted.

Here is the crux of this legislation: It is mindful of both birth parents' and adopted adults' needs. To be characterized by the editorial as putting birth parents at risk is misleading and perpetuates harmful myths. Our legislation brings this important adoption issue up-to-date with 21st-century standards in society.

Kathy Tingelstad, R-Andover/Coon Rapids, is a member of the Minnesota House. Ann Rest, D-New Hope, is a member of the state Senate.


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CANADA/ONTARIO: New Legislation Would Provide Greater Openess in the Future, Protect Privacy for Past Adoptions, December 10, 2007

Ontario Ministry of Communications and Social Services, December 10, 2007








December 10, 2007 Attention News Editors: Ontario Moves Forward To Open Adoption Records New Legislation Would Provide Greater Openness In The Future, Protect Privacy For Past Adoptions


TORONTO, Dec. 10 /CNW/ - The Ontario government has introduced new legislation that will, if passed, help enshrine openness in future adoption records while providing a disclosure veto for people involved with past adoptions, Minister of Community and Social Services Madeleine Meilleur announced today. "We strongly believe that people should be able to learn about their own personal history," said Meilleur. "The legislation, if passed, will make open adoption records a cornerstone of Ontario's adoption laws. At the same time, it would safeguard the privacy of those involved in past adoptions."

The new legislation would, if passed, allow adult adoptees and birth parents, whose adoptions were registered in Ontario, to: Apply for copies of their adoption orders and birth registrations - Place a disclosure veto on their file if their adoption order is made in Ontario before September 1, 2008.

In addition, anyone who chooses to place a disclosure veto on their file would be asked to voluntarily provide their medical history so that birth relatives may be able to obtain personal health information.

Adult adoptees and birth parents may continue to place a no-contact notice on their file if they do not want to be contacted. They may also register a notice specifying a contact preference on how they prefer to be contacted.

Ontario Information and Privacy Commissioner Dr. Ann Cavoukian today applauded the government for including a privacy-protective disclosure veto in the new bill. "This disclosure veto will preserve the privacy of a number of deeply concerned birth parents and adoptees, while still allowing the vast majority of birth parents and adoptees to obtain the information they are seeking." The Commissioner is deeply grateful to the Government for making these important changes, allowing the Bill to strike the right balance. The legislation is consistent with the recent Ontario Superior Court of Justice decision of September 19, 2007 and the views of Ontario's Information and Privacy Commissioner.

Wendy Rowney, president of Adoptions Search and Kinship and a member of the coordinating committee for the Coalition for Open Adoption Records, stresses the importance of this legislation for adult adoptees: "Finally, the vast majority of adult adoptees in Ontario will have access to a historically accurate birth certificate." "We believe that it is in everyone's best interest to move quickly with these changes," said Meilleur. "We are committed to helping adoptees and birth parents get as much information as possible - important information about their past."

Disponible en français www.mcss.gov.on.ca


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Backgrounder

ONTARIO'S NEW ADOPTION INFORMATION DISCLOSURE LEGISLATION

The Government of Ontario's new adoption information disclosure legislation would, if passed, allow for more openness in adoption records while allowing those involved with past adoptions to protect their privacy.

The proposed legislation amends the Vital Statistics Act and the Child and Family Services Act to allow: - Adoptees who are 18 years old or older to obtain copies of their original birth registrations that will provide them with their original birth name and may identify birth parents. - Adoptees who are 18 years old or older to obtain copies of their adoption orders that may provide information on where they were born and their given name at birth. - Birth parents to obtain information from their child's birth records and adoption orders if the adoptee is 19 years old or older. Information about the adoptive parents would be removed from the adoption records. Adult adoptees and birth parents will also be able to continue to place no-contact notices and contact preferences on their files.

Disclosure veto
If passed, the new legislation will allow adoptees and birth parents to place a disclosure veto on their file if their adoption order is made in Ontario before September 1, 2008. If a disclosure veto has been placed on a file, copies of adoption orders or birth registrations will not be released. If a disclosure veto has been placed on a file, adoptees and birth parents can still apply for non-identifying information in their adoption records.

If there are concerns about a severe medical condition, adoptees and birth parents may also be eligible for a severe medical search to obtain or share information about their family medical history, for example, information needed for an organ transplant.

The legislation, if passed, would ask anyone who registers a disclosure veto on their file to voluntarily provide information about their family and medical history. This information can help a birth relative who needs to know about potential inherited medical conditions to make informed health care choices.

Regulatory change
The government has made an immediate regulatory change to restore the province's ability to give adult adoptees and adoptive parents copies of their adoption orders. Identifying information about birth parents will be removed from these documents. An adoptee may require a copy of their adoption order to obtain certain documents including a passport or travel visa. The province's ability to release these important documents has not been available since the recent Superior Court of Ontario decision regarding the Adoption Information Disclosure Act, 2005. The new legislation will apply to all adoptions registered in Ontario.

Media Contacts: Erika Botond Communications and Marketing Branch Members of the general public may call: or toll free at .

Disponible en français www.mcss.gov.on.ca

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