In the interest of assisting state groups in their efforts to lobby
bills granting unconditional open records for adult adoptees in their
various states, we have assembled a source of links to the statutes of
those states which now permit such access (Alabama, Alaska, Kansas and
Oregon).There are many differences among these laws. Some grant access to
the entire adoption file as well as the original birth certificate
(Kansas.) Some are framed in terms that seem to indicate the primary
purpose of access is giving information to the adoptee or birth parent to
facilitate a reunion (Alaska). Oregon's adoptee-rights-driven law
granting access to the original birth certificate is short and simple, a
reflection of the fact that it was passed in a ballot initiative (Measure
58, 1998) and needed to be readily comprehensible to the voting public.
Alabama's
2000 law grants access to the entire contents of the file held by the
Department of Health, which includes the adoption decree. Two include
Contact Preference Forms
(Oregon and Alabama), which permit the birth parent to file a form
indicating contact preferences without legally binding the adoptee. Each
state open records group will have to study the adoption codes and vital
statistics statutes of their own state to decide how their bill should be
written, as every bureaucracy functions slightly differently and
documents may be held in different locations.
Part of the Mission of Bastard Nation is to restore unconditional
adoptee access to all government-held records which pertain to the
genetic, legal, and historical identity of the adoptee, but as a
practical matter many state efforts have focused on access to the
original birth certificate alone. We also do not recommend including a
Contact Preference Form in the initial bill; both Oregon's and Alabama's
were added to forestall unacceptable amendments which would have burdened
the adoptee's access to their own records. State groups are
encouraged to get in touch with the Legislative Co-Chairs of Bastard
Nation,
David Ansardi
david@alabama-adoption.org
and
Anita Field
anitafield@sbcglobal.net
for advice on writing and lobbying their own
unconditional open records bills.
Links to Records Access Statutes in Open States:
KANSAS
ALABAMA
OREGON - see section 432.240
ALASKA