Lawsuit intensifies debate over open adoption records

The issues of open adoption records and adoptee access to original birth certificates have been dragging on in the state of New Jersey for almost 30 years. In that state (most states, actually) when a child is adopted, their original birth certificate with their birthmother's name and their original given name is sealed, and an ammended birth certificate is issued naming their adopted parents as the parents, and listing their new name, if their name was changed at adoption. In most states, adoptees must petition the court and prove "good cause" to be able to see their original birth certificate. The New Jersey Coalition for Adoption Reform website has the full scoop on the ins and outs of the legislation that seems to be in perpetual limbo.

Recently the Philadelphia Daily News ran an article about a birthmother who sued the state of New Jersey for allegedly providing identifying information about her to the daughter she had given up for adoption decades earlier. Her adult daughter, who had been conceived as a result of rape, showed up at her doorstep.

And so the voices have gotten louder and the sealed vs. open adoption records debate seems even more polarized. Those who want records to remain sealed point to this as an example of how adoptees will use the information they have to thrust themselves into the lives of unsuspecting birthparents. Open adoption records advocates chime in with reminders that birthparents were never legally guaranteed that their children would not get this information, and that every person has a right to know pertinent information about themselves when their life began, and to access medical and social information that has a direct bearing on their lives as adults.

This is a great opportunity to look at some of the more creative alternatives. What about having registries that allow birthparents to request that their name and address be removed from the copy of the original birth certificate that is sent to any requesting person? How about a system that allows birthparents to make updated medical history information available? Many adoptees have basic medical information from their birthparents at the time of the relinquishment, but I can't imagine that medical information that hasn't been updated in 30 years is all that reliable.

I'm fortunate to be in contact with my daughter's family and to be able to send a quick note when anything arises that might genetically affect her. And once or twice they've written before a doctor visit to find out if something in particular runs in the family, if I've ever had trouble with xyz, etc.

Here's something I haven't heard much about, though: adoptees providing medical information back to to birthparents - or, in the spirit of current debates, to some sort of registry that would make that information available to their biological families. It sounds strange, but in our family this type of information has been really valuable. My relinquished daughter was found to have a genetic heart condition that required surgical treatment. Her doctor said her genetic siblings should be screened. Incidentally, my youngest had a heart murmur at birth that we had pretty much dismissed, and we now know to be vigilant about keeping an eye on it. I'm grateful that my daughter's parents can provide me with any new information about her that has a genetic component, so I can have a better understanding of any health predispositions in her younger siblings.

Regardless of who ends up accessing what, I hope that the ongoing debate over personal privacy doesn't drag on at the expense of people getting the information they need right now.

Note: This post has been ammended to correct an error in which Kathleen Hoy Foley is named as the birthmother involved in the lawsuit. Apologies to Ms. Foley for the error.

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