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Adoption Search Blog

01/31/07

Opening Records State by State & Weather in CA

Posted by : Jan Baker in Adoption Search Blog at 09:30 am , 402 words, 134 views  
Categories: Open Records


Where but in California could I take a photo like this one at this time of the year? Florida, maybe? Although it snowed in Malibu a few weeks ago, our weather is superb this time of year. Our weather is alternating between barely freezing to 80 degrees!

California has made at least two attempts to open records, maybe more. Both have failed. It is very tough to drum up the money needed to get legislation passed, and many other factors make it difficult as well.

This article towards the bottom of this webpage discusses some of the open records' attempts in various states. It is not a comprehensive list as I know that other states have made attempts to open records as well.

Did you know that access to adoption records is being sought in various states for adoptees'only? No legislation that I am aware of attempts to gain access for birth parents. If access laws pass, they allow access only for an adoptee. I believe that there is some confusion as some believe that opening records means that they will become open to the general public (or even to birth parents.) This is not the case.

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Two states never closed their records. In the past two decades, only a few states have opened their records. Although there have been many attempts, those with interests in keeping the records closed have generally succeeded. Powerful interests have invested vast amounts of funds to keep records closed.

The most vehement supporters of maintaining closed adoption records are agencies themselves, and some adoptive parents. One of the most widely held reasons that proponents of sealed records uses is concerns about birth mother privacy. Yet no surrender paper have been produced which suggest that mothers were ever promised anonymity from their children.

The current trend towards open adoptions does a great deal to dispel the notion that most birth mother want to be hidden from their children. The decades of women who relinquished to closed adoption did not "choose" anonymity. It was the prevailing option for an adoption to occur.

The Tennessee Supreme Court ruled that a birth parent has no reasonable expectation of privacy. The United States Supreme Court has not yet heard a case involving this issue, to my knowledge. I wonder if they ever will.

For an excellent discussion of the myths about open records this link clearly spells out what the arguments are.




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