This is where all of the slightly longer, but very important posts go. Here you'll find histories of adoption law, and all sorts of good information. Please read!

Tuesday, March 01, 2005

NY statewide adoption reform- Good Points!

New York Statewide Adoption Reform needs your support with letter-writing and lobbying for the “Bill of Adoptee Rights”. Passage of the Bill will allow adult adoptees, age eighteen or older, the right to their original Birth Certificate. We are asking for the same right that non-adopted persons take for granted. The New York State adoption law that seals records is unfair, outdated and discriminatory. The law violates adoptees civil rights.
With recent victories for adoptees in New Hampshire, Tennessee, Oregon, Alabama and Delaware, and records already open in Kansas and Alaska since the 1950’s, New Yorkers want our state to be next.
Passage of the 1996 Tennessee bill was followed with two lawsuits organized by the pro-secrecy opponents hoping to repeal the law. However, the final decision by the U.S. Court of Appeals for the Sixth Circuit and by the Tennessee Supreme Court held that the statute violates no rights of birth parents under either the Federal Constitution or the Tennessee Constitution. Passage of the 1999 Oregon Initiative, voted by citizens as a measure on the ballot, gave adoptees full rights to birth records. Again, opponents organized a lawsuit to enjoin the initiative. The lawsuit was dismissed by a court trial, and the Oregon Court of Appeals unanimously affirmed that dismissal. In its affirmance the Court of Appeals relied in part on the Sixth Circuit federal court decision. The new law in Tennessee allows birth parents the right to place a contact veto meaning that if a birth parent does not want contact and the adoptee makes contact anyway despite the contact veto, the adoptee could be up against a class "A" misdemeanor charge (if the birth parent decides to file a charge). This law bringing adoption law to a place of being criminal sets a bad precedent... Even though very few birth parents want to file a contact veto the possibility of jail time for an adoptee is outrageous. There are already harassment laws on the books. This kind of law is unacceptable. Recent passage of open records laws in Alabama and Delaware were not subjected to lawsuits by the opposition. Since the 1950’s Kansas and Alaska have had laws similar to laws enacted in England, Germany, Holland, The Netherlands, Australia, New Zealand, New South Wales, British Columbia & Newfoundland Canada, Scotland, Israel, and Finland, since the 1970s and 1980s. Meaning that adoptees have full rights and there is no possibility of legal ramifications resulting in a fine and/or jail time.
In the first year that records were opened in Oregon 5,318 requests were made by adoptees for records. Only 58 birth parents did not want contact. In Delaware there were 414 requests for records by adoptees and only 14 birth parents did not want contact. We are waiting for statistics from Tennessee and Alabama. Most birth parents do not want confidentiality. Those who do not want contact always have the option of saying "no". Search and reunion are accepted in American society as normal events. Yet the law that seals records is slow to catch up to that norm.
New York Statewide Adoption Reform, along with your help, can open records and give tax-paying citizens long overdue rights. Our strength is in numbers and unity. Please join us.


http://www.unsealedinitiative.org/index.html

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