NCFA does not oppose the opening
of past adoption records when birthparents and adult adopted persons
consent. We do oppose the unilateral and coercive opening of adoption
records without the knowledge and consent of both sides. Both birthparents
and adopted persons should be able to control the release of their
identifying information and whether and when contact occurs.
The principle that should guide the opening of confidential adoption
records is mutual consent, not unilateral coercion. Unwanted, unilaterally
imposed reunions are often very disruptive and painful for everyone
involved. Through the courts and adoption agencies, adopted persons
can obtain medical information confidentially, without exposing
birthparents’ identities.
For understandable and legitimate reasons, some women facing an
unplanned pregnancy prefer the option of confidential adoption.
They should have the right to choose this option. Removing the option
of privacy in adoption would mean that any woman facing an unplanned
pregnancy, who wanted to protect her privacy, would have no private
choice but abortion. As observed by Jeremiah Gutman, Director of
the American Civil Liberties Union (ACLU) and former Chairman of
the ACLU’s Privacy Committee: “A pregnant woman unable
or unwilling to rear a child may find her choice of options limited
if she cannot rely upon the promise of confidentiality and secrecy
to protect her privacy. She may be inclined to bring the pregnancy
to term rather than secure an abortion, but, if she cannot rely
upon the adoption agency or attorney and the law to protect her
privacy, and to conceal her identity for all time, her choice to
go the abortion route may be compelled by that lack of confidence
in confidentiality.”
At least nine state legislatures in 2002 considered the controversial
policy of unilaterally opening confidential records of past adoptions
and eliminating the option of privacy in future adoptions. Not one
of the nine states decided in favor of this harmful policy. Despite
the persistence of a small but vocal and organized group of activists
over many years, states continue to reject this policy, whenever
they hear the arguments against it. They reject it because it would
violate the basic human right to privacy and harm the institution
of adoption and the countless children, birthparents, and families
it serves.
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