Advocates for closed adoption records tout the secrecy and closed nature of adoption and infer that is how it has always been. However, when legal adoption began in the United States, all records were open. Adoption records were open in every single state in the country.

Yet by 1960, more than half of all states had shut down access to modern adoption records, often in response to a 1941 amendment to the Social Security Act that required child welfare records be kept confidential. Some states took this to mean that adoption records needed to be sealed.

A number of other factors contributed to the trend in sealing adoption records. Most states followed the dictates of the time and closed records in their states. However, a few states, Alaska, Kansas and South Dakota never closed their adoption records. It should be noted that adoption rates have never been documented to be less in states with open records. In fact, some statistics indicate more adoptions in states with open records.

Using historical precedence as a way to justify sealed records, therefore does not make a shred of sense. Adoption records have been only closed in America for some 40+ years. Yet, many foes of sealed records claim that the decision to close records is nothing more than a failed social experiment. Many birth parents and adoptees believe that sealed records do more harm than good in most instances.

Even if adoption records had been closed from the beginning in America, not all precedents should remain just because things have "always been that way." Women had no right to vote for years, black people were shamefully treated, and yet should we have continued those actions for the sake of keeping the status quo?

For more discussions on open records, try this link and an article entitled Are You Ready for Open Records?

This article written by an adoptee discusses her take on the issue.