When an adoption is finalized the child’s birth certificate is revised to reflect the names of the adoptive parents, and whether adult adoptees should have access to their original birth records has been debated for many years.
In the past, original birth records were sealed, purportedly to protect the privacy of birth parents and prevent unwanted contact. In recent years, states have begun to grant access to original birth records. However, much of this legislation still limits access, or allows access to some, but not all adoptees.
Currently in Pennsylvania, adoptive parents and adult adoptees can request copies of original birth records. However, the birth parents must consent to the release of information. Similarly, changes to the Adoption Act in 2010 established a statewide registry for placement of medical and other information, but adoptee access to the information is subject to the birth parents’ consent. Within the past year in Pennsylvania, legislation was proposed to ensure adoptees access to their original birth certificate. Last-minute revisions kept the legislation from moving forward.
Since at least 2007, the adoption community has been debating whether adoptees should have access to their original birth certificates. As highlighted by the Donaldson Institute, in this era of openness in adoption, providing such access serves to remove secrecy and stigma surrounding adoption.
- http://adoptioninstitute.org/old/publications/2007_11_For_Records_Executive_Summary.pdf
- http://adoptioninstitute.org/old/publications/7_14_2010_ForTheRecordsII_ExSum.pdf
In recent years adoptive parents are increasingly encouraged to, and often do, acknowledge their child’s need to be aware of their adoption and their birth family history. However, some adoptive families do not receive detailed information about birth families, and some may not know the names of the birth parents. Thus, legislation that provides access to birth family information is necessary.
heARTbeat is a publication of KingSpry’s Adoption Law and Assisted Reproductive Technology Law Practice Group. It is meant to be informational and does not constitute legal advice.
