This thread is meant to stimulate discussion and hopefully change perceptions that birth parents don't wish to be found, and/or allow the child they surrendered access to their original birth certificate. It is a continuation of a discussion between myself and Nu Kudzu - in which I asked if I dug up the studies showing the assumption untrue if they would be read.
This is the first of those reports that dates back to February of 1999 by the Ct Law Commission Review. Others will follow in separate posts as I figure out where I read them
and retrieve them. Please note that other states have changed their laws since this study was done.
February 1999 - Ct Law Revision - Sealed Adoption Records CTLRC - Adoption Committee - "Sealed Adoption Records"
Highlights from the above report in my words - not quotes per se - and are not a totality of what is contained within the report, so read the full report. Note my interjections below are those in ( ).
What was the reality of CT Laws regarding sealing
*Between 1974 and 1977 changes to the laws were enacted that retroactively sealed the original birth certificate (OBC) from the adult adoptee.
*No access was granted by Vital Records even if the adult adoptee knew their birth parents identities without a court order that cost $150.
*If identity was unknown the adult adoptee had to pay the adoption agency up to $500 to search and ask permission by the birth parents to allow the adult adoptee the right to their OBC.
Reasons noted in the report for Sealing Records across Other states starting in the 1950's.
*Primary concern of SW's and Agencies was the stigma on the child regarding illegitimacy.
*Anonymity of both the BP and AP - to secure integration into family, and BP wouldn't be able to attempt contact.
*BP's were told anonymity was important for themselves by the adoption agencies.
*In the 1970's, 80's and 90's adult adoptees started to recognise their records were sealed from them and they couldn't learn about themselves - this recognition and desire often happened when they were going to get married or bear children.
*Kansas, Alaska, Oregon, and TN allowed access with Kansas never sealing the record from the adult adoptee (they did not note Alaska didn't either). TN has a veto provision (which I think has since been repealed but would have to search for info). Montana allows adult adoptees before 1967 or after 1997 access to their OBC, Ohio before 1964 and after 1997. (Note both those states allow access during the main period of the BSE). (Note other states since Feb 1999 date of report have changed laws).
Now about the statistics found before Feb 1999 regarding BP's wanting privacy.
*DCF receives 360 requests per year. The department conducts about 250-300 search per year. Staff report about 95% of BP's consent to release of OBC and want contact. (Note historically mothers chose either surrender to the state (went to stay with relative) or to an agency (maternity home) both were common in voluntary surrenders no CPS involvement)
*Private agencies report an overwhelming majority of BP's want info released. Example CC receives 250 requests per year for either non-identifying info or indentifying info. They do 100 searches per year with 90% approval consent to release info. Adult adoptees are currently on a 9 month waiting list due to the number of requests.
*DCF and Private Agencies experience is consistent with National Studies which find BP's do not object to being found.
Registries seen as compromise in actual practice only have limited usefulness
*Only effective if both parties know of exisitence.
*If only one party is searching it is not effective.
*If registry only has limited geographical application.
*If the person sought is incapacitated or deceased.
*BP's who place their child before the laws changed between 1974 and 1977 knew the laws in place at the time allowed the adult adoptees access to their OBC but did not know the law changed and applied retroactively.
***
The entire report was very well researched, thoughtful, delved into far more than the few highlights I have noted above. I hope you will read it with an open mind, and consider that many other states did the same change at different years and each time retroactively changed the laws in place when the BP's or BP surrendered. My case is a perfect example - at the time of my adoption the records were sealed but the AP's (mom and dad) could have chosen to not have them sealed. The law also allowed if sealed - the adoptive family access to the sealed records upon request and then they would be resealed to keep the general public from accessing them - later laws made that impossible. I would suggest that if anything - adoption laws should mirror the way inheritance laws are - law at the time the will was done apply to probate.
Final note: Yes, anonymity was the goal
when the mother was pregnant. It was the goal of the family to protect the family from stigma and shame
within their community. The families good name was paramount as to how they existed then. Please ask yourself if that goal was the same as the assumption today that a mother would not want her child to have access to their documents in the future.