STATEMENT REGARDING THE UNIFORM ADOPTION ACT
by David Winge and the Adoptee's Internet Mailing List
If you support this statement and would like to add your name and
email address to the list of UAA opponents send your name and
state of residence (and birth, if an adoptee) to uaa@bastards.org 

We, the undersigned, are adopted adults, their spouses or significant
others, siblings, and children.  We are adoptive parents and birth parents. 
We oppose the Uniform Adoption Act (UAA) because the Act abridges the
rights of adult and minor adoptees and because the Act is clearly not in the
best interest of children who are adoptees or potential adoptees. The statements
below are our responses to the specific provisions of the UAA.

  Article 2 (Adoption Of Minors), Part 2 (Preplacement
evaluation), Section 2-204(b) (Determining Suitability To Be
Adoptive Parent), Which states: "If an evaluator determines that
the information assessed does not raise a specific concern, the
evaluator shall find that the individual is suited to be an
adoptive parent."

 Statement:  We believe that the preplacement evaluation process
for prospective adoptive parents should focus on finding the home
best suited for the adoptee.  Declaring adoptive parents to be
suitable by virtue of no overt or specific concerns does not
adequately protect the interests of the adoptee.  We feel that
adoption should not be a process focused on finding children for
adults who want them; it should be focused instead on finding the
best possible home for each individual child.  In the preplacement
process, the interests of the adoptee should outweigh the interests
of the prospective adoptive parents.  Proper safeguards should be
implemented to ensure that prospective adoptive parents meet more
suitability criteria than: 1) simply having the money necessary to
pay the associated legal costs, and 2) having no overt signs of
potential neglect or abuse.

AND
Article 2, Part 4 (Consent To Relinquishment For Adoption),
Section 2-406(d)(1) (Content Of Consent Or Relinquishment), Which
states:  "An understanding that after the consent or
relinquishment is signed or confirmed in substantial compliance
with Section 2-405, it is final and, except under a circumstance
stated in Section 2-408 or 2-409, [Stepparent adoption] may not be
revoked or set aside for any reason, including the failure of an
adoptive parent to permit the individual executing the consent or
relinquishment to visit or communicate with the minor adoptee;"

  We believe that it is not in the best interests of adoptees,
birth parents, nor society as a whole to allow adoptive parents to
dishonor specific agreements entered into with a birth parent
regarding visitation.  Should the birth parent(s) and the
prospective adoptive parents enter into a visitation agreement,
the agreement should be as binding as any other type of agreement
or contract.  Permitting adoptive parents to revoke previously
agreed-upon visitation rights without proper legal process allows
adoptive parents to mislead birth parents into relinquishing their
children under false pretenses.  Any properly crafted agreement
between the birth parent(s) and prospective adoptive parents
regarding visitation should be honored as would any other type of
visitation agreement.

AND
Article 2, Part 4, Section 2-408(a)(1), Which states:  "Within
192 hours after the birth of the minor, a parent who executed the
consent notifies in writing the prospective adoptive parent, or
the adoptive parent's lawyer, that the parent revokes the consent,
or the parent complies with any other instructions for revocation
specified in the consent;"

  More safeguards should be in place to help prevent the
coercion of birth parents into relinquishment of their children.
We believe that the 192 hour period in which relinquishment can be
revoked by the birth parent is, in itself, insufficient to
safeguard the birth parent against duress or coercion.  We
recommend that adequate counseling of the birth parent be an
integral part of the adoption process.  The the counseling should
attempt to determine if the birth parent has been coerced into
believing that he or she is unable or unfit to parent the child
when, in fact, that is not the case.  Our societal bias against
single (or poor) parents, for example, should not be used as a
sole justification for applying duress, coercion, or inappropriate
persuasion, however "well-meant," to the birth parent to facilitate
relinquishment.  Counseling of both birth parents and prospective
adoptive parents should take place to emphasize the importance of
accurate and adequately updated adoption records, even in cases
where the adoption is to be closed.

AND
Article 3, (General Procedure For Adoption) Part 8, (Birth
Certificate) Section 3-802(f).  Which states:  "Upon request by an
individual who was listed as a parent on a child's original birth
certificate and who furnishes appropriate proof of the individual's
identity, the [Registrar] shall give the individual a noncertified
copy of the original birth certificate."

  This should be expanded to include the right of adult adoptees
to receive and/or review a certified copy of their own original
birth certificate, and should not, under any circumstances, be
abridged.  All other American citizens have the right to receive
and/or review a copy of their own original and unaltered birth
certificate; this right should not be abridged for any adult based
solely on adoptive status.

AND
Article 6 (Records Of Adoption Proceeding: Retention,
Confidentiality, And Access), Section 6-102(d).  Which states:
"All records on file with the court must be retained permanently
and sealed for 99 years after the date of the adoptee's birth.
Sealed records and indexes of the records are not open to
inspection by any person except as provided in this [Act]".

  We believe that all adult adoptees have the right to review
all information regarding their birth and adoption, to be aware
of their adoptive status, and to have any other rights necessary
to ensure full and complete access to such information and/or
records regardless of the source.  The interests of society as a
whole are not served, nor are the rights of individuals honored,
when personal information that is basic and fundamental to human
experience is legally withheld from the adult to which it applies.
The right of the adult adoptee to know the truth of his or her birth
circumstances, genetic and medical history, and heritage outweighs
the desire of adoptive parents or birth parents to keep this
information unavailable.  Such concealment is inappropriate, and
should be unenforceable, when the adoptee reaches the age of
majority.

[Article 7, Sec. 7-101, 102, and 105]
  The civil penalties and fines specified in the UAA are
inadequate to protect the rights of birth parents and adoptees.
The Act does not prevent an adoption from proceeding if actions
specifically prohibited in the UAA occur.  This will encourage
violation of the provisions of the UAA; persons who can afford
to do so may simply regard the fine as an additional cost
associated with the adoption.

[Article  7, 7-106]
  We believe that an adoptee has committed no crime if he or
she deduces, on his or her own initiative, any of the information
contained in the sealed adoption records if the adoptee has not
gained illegal access to the record.  Any adult citizen should
have the right to know who his or her birth parents are if he or
she so desires.  To declare acting upon such a natural and
inalienable right to know to be a felony is unconscionable.


GENERAL CONCLUSION:
  The UAA is clearly written in the interests of adoptive
parents and their attorneys.  It does not adequately address nor
protect the interests of the child and puts considerable hardship
on the birth parents, particularly the birth mother.  The Act
abridges the natural rights of adult adoptees.

  The UAA also fails to address any of the historical problems
associated with closed adoptions and fails to acknowledge or
accommodate the concerns of the growing number of individuals
who choose open adoptions.  Specifically, it nullifies the legal
visitation rights that may have been part of an open
adoption, permitting adoptive parents to encourage relinquishment
of children under false pretenses.  Contact between the child and
the birth parent, when agreed to by all parties in the adoption,
should not be legally thwarted.  There is no valid reason to
believe that such contact between an adopted child and his or her
birth parent(s) is, in and of itself, harmful to any of the
parties.  Open adoption choices and agreements, when properly
entered into, should be honored by law.  Birthparents and adoptive
parents who choose this type of agreement have the right to be
allowed to do so, and their adoption agreements should be honored.

  The UAA encourages and gives weight of law to the treatment
of adult adoptees as second-class citizens, denying them the
fundamental human right to know their birth origins and
circumstances.  There is no more basic a question to members of
the human species than "Who am I," or "Where did I come from?"
The Uniform Adoption Act is an attempt to seal the answers to
these questions beyond the lifetime of the individual.  To some,
the answers are not important, but to all persons these answers
should be legally obtainable.

If you support this statement and would like to add your name and email address to the list of UAA opponents send them along with your state of residence (and birth, if an adoptee) to uaa@bastards.org


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