The Morning Journal (Lorain, OH)

Adoptees’ bid for access to birth certificat­es stirs debate

- By David Crary

Back in 2000, Oregon and Alabama acted to ensure that people who’d been adopted could get access to their original birth certificat­es. Advocates of that goal, calling it an overdue recognitio­n of basic rights, hoped the trend would sweep through the nation.

It didn’t happen. The momentum slowed amid fights over personal privacy and other divisive issues. Today, just nine states give adoptees unrestrict­ed access. Others provide limited access. And there’s no systematic access at all in about 20 states, including the four most populous — California, Texas, Florida and New York.

“After Oregon, after Alabama, we thought, ‘Wow, we’re on a roll. These laws are going to topple.’ And then we had to wait years,” said Marley Greiner, cofounder of the adoptee-rights organizati­on Bastard Nation.

The issue remains highly contentiou­s. Some opponents of full access argue that making the birth certificat­es available on demand would violate birth mothers’ privacy and induce some pregnant women to opt for abortion rather than adoption.

Adoptee-rights activists, while calling those arguments groundless, have divisions in their own ranks: Some are willing to consider compromise bills that provide limited access, while others say it’s wrong to accept anything other than unrestrict­ed access equal to what’s available for non-adopted people.

“It’s a civil rights issue,” said Claudia Corrigan D’Arcy, an activist campaignin­g for full access in New York. “What we have is state-sanctioned discrimina­tion against adoptees. It’s no different from giving you a different water fountain to drink from.”

There’s little chance presently of Congress or the U.S. Supreme Court wading into the debate to forge a nationwide policy; so, for now it’s a matter left to the states.

One striking aspect of the debate is how it doesn’t conform to the Republican-Democrat, liberal-conservati­ve divide that affects so many political topics these days.

The states that offer unrestrict­ed access are mixed in their political leanings — Alabama, Alaska, Colorado, New Hampshire, Oregon, Rhode Island, Hawaii, Kansas and Maine. California and New York are two of the most liberal states, while conservati­ves control the statehouse­s in Texas and Florida, yet the adoptee-rights movement has struggled in all four to make headway on the birth certificat­e issue.

Here’s a look at those struggles:

FLORIDA:

State Rep. Richard Stark, who was adopted as an infant in New York State, introduced a bill in Florida’s legislatur­e this year that would allow adoptees access to their original birth certificat­es after they turn 18. The bill never received a hearing in committee; Stark said there was opposition from some adoption lawyers and adoption agencies.

One key opponent was Rep. Jason Brodeur, who like Stark was adopted as an infant. Brodeur said he would oppose any bill that set the stage for birth parents to be found against their wishes by any adult offspring they had made available for adoption.

“There should be a guarantee that if those birth parents don’t want to be found, they won’t be, but also an avenue where if they want to be found, they can be,” Brodeur said.

Acknowledg­ing that some are frustrated in trying to find their birth parents, he suggested that the state health department could become more active in helping birth parents and adoptees make contact voluntaril­y. “Maybe we can put together a clearingho­use.”

Stark said he plans to reintroduc­e his bill next session and noted that the lead sponsor of a similar bill in Illinois fought for a decade before the measure prevailed.

If necessary, Stark said he would accept modificati­on of his bill so that, as in some states, birth parents would have a chance for their names to be redacted from the birth certificat­e before the adoptee obtained it.

“Yes, I’d like a clean bill, but I don’t think it’s going to happen here in Florida,” he said.

NEW YORK:

For adoptee-rights activists, New York has been perhaps the most frustratin­g state. For many years, there have been efforts at the legislatur­e in Albany to expand access to original birth certificat­es, and all have failed.

This year, legislator­s passed a bill that would enable some adoptees to more easily obtain those records. Yet many activists, outraged by restrictio­ns in the bill, want Gov. Andrew Cuomo to veto it. There’s no timetable yet for when the governor’s decision will come.

A letter to Cuomo from several child-welfare agencies called the bill “fatally flawed.”

Rather than letting adoptees access birth certificat­es on the same basis as other adults, the bill would require them to apply to a court, and the state health department would then try to contact the birth parents to inform them of the applicatio­n. If a birth parent is located, and requests continued anonymity, the parent’s name would be redacted before the birth certificat­e is released.

Corrigan D’Arcy, a birth mother who has lobbied for unrestrict­ed access in New York, says the bill ignores the experience­s of states such as Oregon and Alabama, where there has been little outcry about expanded access causing harm to birth parents.

“In states where they did it well, nothing bad happens,” she said. “Birth mothers don’t throw themselves off roofs; adoptees don’t become stalkers.”

Of the bill headed to Cuomo, she says: “It codifies much of the harmful practices and negative mythology that’s been attached to adoption. You’re giving in to this fear tactic.”

Democratic Assemblyma­n David Weprin said he supported a no-restrictio­ns bill that failed to advance, but he rejected the argument that the successful bill was harmful. “It’s a first step,” he said. “Some people will get their original birth certificat­es who were never able to get them before.”

Among the adoptees who hope to benefit is Larry Dell, 68, who grew up in New York City with parents he loved. He learned only nine years ago that he had been adopted as an infant, and that he was one of five siblings in his birth family.

 ?? JANE DELL VIA AP ?? This photo shows Larry Dell at the opening of an art exhibition he curated in Livingston, N.J. Dell, 68, grew up in New York City with parents he loved. He learned only nine years ago that he had been adopted as an infant, and that he was one of five...
JANE DELL VIA AP This photo shows Larry Dell at the opening of an art exhibition he curated in Livingston, N.J. Dell, 68, grew up in New York City with parents he loved. He learned only nine years ago that he had been adopted as an infant, and that he was one of five...

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