adoption law

Australia Apologizes for Forced Adoptions: America Next?

/ V.L. Brunskill / 3 Comments

There has been quite a bit of adoption buzz this week on forced adoption practices in Australia during the 1950’s, 60’s and 70’s.  The news culminated with yesterday’s public apology by New South Wales Premier Barry O’Farrell.

ABC News Australia reports that O’Farrell’s apology was this:

“We are sorry you’ve had to wait for so long for this apology. We know that you live with the consequences of those practices every day.

We are sorry for the forced adoption practices that severed the fundamental life-giving bonds between mother and child.

We apologise to the mothers who were not asked or listened to and who were never given a choice about the future of their children. We apologise for making you feel ashamed and unfit to care for your babies.

We say sorry for treating you cruelly and insensitively when what you needed and deserved most was care and support.

To the women who have carried the pain of loss, grief and separation throughout your lives, we say sorry.”

Well said, but woefully late and inadequate, the apology has served a greater purpose, in revealing the dirty reality of many adoptions. The news coverage surrounding the apology is an excellent opportunity to educate the general public on the horrors faced by unwed pregnant mothers in the mid-20th century. Not just in Australia, but in America as well.

I recently blogged on the Dan Rather report “Adopted & Abducted” which revealed forced adoption practices in America. Yes, women in our country were also strapped to beds, so they would not attempt escape with their babies. Women in our country were also drugged so that they would never know the gender of their babies. Women in the USA also had their hands held while they were forced to sign adoption papers.

Children were stolen in America, just as they were in Australia.

When will America apologize? Since our adoption practices/laws are governed by state agencies, and most of the forced adoptions of the 50’s-80’s were handled by religious agencies, don’t hold your breath!

Rather than an apology, my wish for all members of the adoption triad, whether forced or voluntarily separated, is for every state to open records for adult adoptees in search. Adoptees did not sign a relinquishment form, and it should be the  civil right of every American adoptee to know their ethnicity, medical history, and roots.

So forget the apology America, we want justice.

Blessings for a speedy reunion,

Vicki-lynn

Rhode Island Law Leads to Reunion

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Sharing a wonderful Rhode Island reunion story!
When states open records, miracles happen.
Here’s to more miracles!

Mother, son reunited after more than 40 years apart – WAFF-TV: News, Weather and Sports for Huntsville, AL.

In March,  I blogged about the Rhode Island law that allows for access to original birth certificates. This is an option for those over 25 years old.  To learn the process  for requesting RI adoption records – see the entry;
RI Adoptees over 25 Years Allowed Original Birth Certificates

Have a RI reunion story to share?
Please comment below or email me at vbrunskill@gmail.com

Blessings for your own reunion miracle,

Vicki-lynn

Hawaii Adoption Reunion Resources

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In response to a reader’s question, I have compiled a list of Hawaiian adoption reunion resources.

The good news for adoptees who were born in Hawaii, is that you can request your adoption records.  According to HawaiianRoots.com, ” new adoption notification law allows adults to learn of their birth parent unless the parents have indicated to the court that they do not wish to be contacted. ”

HawaiianRoots.com suggests the following contacts for requesting information. I recommend that you give them a call to confirm, as this information could change.

Oahu by mail: Adoption RecordsFamily Court, First Circuit CourtP.O. Box 3498Honolulu, HI 96811-3498
Oahu in person: 9 a.m. to 1 p.m. Mon-FriCourt Management Services BranchKaahumanu Hale, Second Floor777 Punchbowl StreetHonolulu, HI
Maui, Molokai, and Lanai: Adoption RecordsFamily Court, Second Circuit2145 Main Street, Suite 226Wailuku, Maui 96793
Big Island: Adoption RecordsFamily Court, Third Circuit345 Kekuanaoa Street, Room 40Hilo, Hawaii 96720
Kauai: Adoption RecordsFamily Court, Fifth Circuit3059 Umi StreetLihue, Kauai 96766

They also offer a clue for adult adoptees looking for natural parents: “Birth certificates are altered to reflect the names of the adopted parents but newspaper vital record listings will show the names of birth parents.”  This means that searching the local newspaper archives could help you find your birth name.

Below is  the applicable adoption records law:

Mutual Access to Identifying Information
Citation: Rev. Stat. § 578-15

An adoptee who is age 18 or older may submit a written request to the family court for inspection of adoption records. Such records will be released unless the birth parents have filed a confidentiality affidavit. Such affidavits may be renewed every 10 years. The adoptee may submit an affidavit person consenting to the inspection of records by the birth parents

The form to request your information is offered in PDF format at the link below. It also gives addresses for mailing.
http://www.state.hi.us/jud/Oahu/Family/1F-P-767request.pdf

TIP: For those searching in any state,  use the link below to search for adoption records and reunion laws by state.
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.showSearchForm

In addition to formally requesting your records, Hawaiian adoptees should search and register for the reunion registries and forums below.

I cannot possibly find every resource out there, so if you know of other Hawaii resources, please comment on this post, or email me at vbrunskill@gmail.com.

Ke Akua(God) Ho’omaika’i(Bless) Oe(You)!
Vicki-lynn

Adoptee Rights Demonstration Today in Chicago

/ V.L. Brunskill / 1 Comment

If you are in the Chicago area, this is the place to meet like minded adoptees interested in open records for all!

K.'s avatarKaren Pickell: Between

Adoptee Rights CoalitionThe Adoptee Rights Coalition has organized a demonstration to take place today during the National Conference of State Legislators in Chicago. Specifically, they will be trying to open the legislators’ eyes to the plight of adult adoptees in forty-four states who are not allowed to have a copy of their own original birth certificates.

What is an “original birth certificate?”

Many people who are not intimately affected by adoption do not realize that adopted people have two different birth certificates. Whenever a child is born, a birth certificate is issued to legally record that birth. We all know that, right? At minimum, the birth certificate lists the baby’s name and the name of the child’s mother.

If that baby is later adopted, a new birth certificate is issued which lists the child’s adoptive name, and his adoptive parents’ names as mother and father. The original birth certificate–the one that lists…

View original post 956 more words

Dear Gov. McDonnell of Virginia, Thanks for the Life Sentence aka ‘Adoption Conscience Clause’

/ V.L. Brunskill / Leave a comment

Here I am, a five-year-old foster care kid, hoping for a forever family. My birth parents, who signed away all rights to me, are out of the picture. They do not send money, gifts, or even best wishes for my birthday.

zax14/flickr.com

For two years, I have waited for a forever family to adopt me.  I have met a couple of families, but so far noone has chosen me. Everyone says that it is  hard for us older foster kids to find a family. I hear that once I get to eight-years-old, my chances of being adopted will be even worse.

I have no real family, no place to lay down my roots, or feel safe, Yet, I am expected to thrive in a world that values family above all things. There have been a couple of nice couples in to see me. One was a couple of ladies, the other was a Jewish family who seemed so loving. I sure wish they could have taken me to my forever home.

They are not allowed though, because I happen to live in Virginia (or maybe its is North Dakota). In these states, the Catholic agency that holds my destiny in their hands, has decided that it’s better for me to remain in foster care, rather than be placed with anyone who is not Catholic.

My drug addicted, abusive birth parents were Catholic, and since they were such upstanding members of  society, I have to be placed with other Catholics. That’s what they wanted. Sure, they left me here and are living proof that claiming a religion does not make you a decent caregiver, but laws in my state say that my Catholic agency can choose to leave me in foster care, rather than allow me to be raised by non-Catholics. It is called an ‘agencies’ freedom of conscience’.

So here I sit, wishing for a forever family, while loving, caring, financially secure, and responsible couples wish for me.  To the politicians, the new laws are a victory. For me, it’s a life sentence.

Thanks for nothing Gov. Bob McDonnell!

Illinois Law Changes Adoptee’s Lives: Original Birth Certificates Await

/ V.L. Brunskill / 1 Comment

In 2010, Illinois passed a law allowing adoptees to access their original birth certificates. According to a Chicago Tribune article this week, the subsequent influx of requests is causing a backlog at the Department of Public Heath, and a bevy of beautiful reunions.

The Tribune also reports that 5,485 adoptees have applied for copies of their original birth certificates under the law, and “according to the Illinois Department of Public Health, there are about 250,000 adoptees eligible to apply for their birth certificates.”

Below  is a video of Governor Quinn announcing the signing of Public Act 96-0895.

I am sharing this “old” news to make more adoptees aware of the law, and because the recent Chicago Tribune article  reveals a few of the amazing reunions made possible by the law.  During the 7 years I searched for my birthmother, reunion stories were a source of inspiration, and reminded me that there was a real live family at the end of the rocky road.

The Illinois Department of Public Health has a FAQ page for those who would like to request a non-certified copy of their original birth certificates.  This page also includes links to the required forms.

Hopeful News for Oklahoma Adoptees in Search

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Oklahoma adoptees are one step closer to open records! On March 12, 2012,  Bill B 2634 passed the Oklahoma House with a final affirmative vote of  93-0.

opensourceway/Flickr.com

According to an article at newsok.com,  if passed into law, the bill will “allow adult adoptees the right to obtain original birth certificates and let birth parents fill out a contact preference form that would tell adoptees if they’d like contact, no contact or contact through an intermediary.”

Once passed, this legislation would also give birth parents the rights, to deny contact, and  fill out “a medical and social form to fill out to give to adoptees when they obtain their original birth certificate.”

While I do not agree with the opt-out option for birth parents (since we  have no ‘opt out’ option with regard to being adopted), I do see this as a giant step in the right direction. Bravo to the The Daily Bastardette Blog, for rallying everyone to get the bill passed in the House!

To keep tabs on the progress of this bill, visit this page at the  Oklahoma State Legislature site.

RI Adoptees over 25 Years Allowed Original Birth Certificates

/ V.L. Brunskill / 13 Comments

Adoptees searching in Rhode Island take note. It was announced yesterday in the Providence Journal that any adoptee over the age of 25 can now request a non-certified copy of their original birth certificate.

TheGirlsNY/Flickr.com

According to the article, the certificates will not be released until July. However, the health department is announcing the opportunity now, so that adoptees can send in forms early.  There will likely we a deluge of applications, and the sooner you mail in your request the better.

Information on the new law, which takes effect on July 1, 2012, can be found on the State of Rhode Island, Department of Health site.  The forms for requesting your original birth certificate are available here as a Word document . The cost of the request is $20.00.  From the site instructions, it sounds like you can choose between in-person pickup and mailing of the document.  Only the adoptee themselves may receive the document. No other persons will be granted access to the certificate.

Of course, a birth certificate does not guarantee that you will find your birthfamily. However, you will have the correct names to get started.  Also, if your birthparent has filed a contact preference form, you will be sent that along with your birth certificate. This could include a contact address.

Kudos to RI legislators, as this is a giant step in the right direction! We can only hope that many more states follow suit.

UPDATE: One of our readers was kind enough to give additional information. He wrote, “Another valuable piece of information for RI adoptees to note is the RIARG group, RI Adoptee Resource Group, which provides support and resources for local adoptees in a variety of ways. This groups can be found at the following link: https://sites.google.com/site/riadopteeresourcecenter/home.” Please see the reply below by rhodeislandadopteeresourcegroup.

Washington House Passes Open Records Bill with One Big ‘IF”

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underclassrising.net/Flickr

underclassrising.net/Flickr

The good news in this Oregon Live article, is that a bill that would allow adult adoptees to obtain their original birth certificates, was passed by the Washington State House, and is off to the Senate for approval.

The bad news, is that the bill contains a clause that would deny adoptees their birth certificates, ‘IF’ the birth parent has filed an affidavit stating that they do not want to be contacted.

Why should a birthparent be allowed to ‘opt out’, thus denying an adoptee pertinent birth records?  This is the age old questions for adult adoptees, why are the birthparent’s rights more important than the innate right to know your identity, and lineage?

I don’t recall signing away that right, what about you?

 

 

Reaction to Virginia’s “Conscience Clause”

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In a recent post, I expressed my outrage over the recent adoption clause passed by the Virginia Senate.  A child welfare group also opposes the “conscience clause” and voiced its opinion in this Virginia-Pilot article.

Will Weaver/Flickr.com

The group is opposed to the clause, because it, “sanctions discrimination by groups that get public money to place children on behalf of the state.”

Now that the issue has been brought to the attention of the American Civil Liberties Union of Virginia, we can only hope that it gets a proper squashing!