NCFA Media : Archived News

Option of Confidentiality and Privacy in Adoption Safeguarded but Still at Risk

The 2003 legislative year has seen states safeguard the option of confidentiality and privacy in adoption. Missouri’s and Louisiana’s legislatures defeated bills that would have permitted adopted persons unconditional access to birthparent identifying information, despite the availability of mutual consent registries in both states. Choosing to preserve the requirement of mutual consent rather than to promote unwanted reunions and eliminate privacy in adoption, the legislative committees considering the measures defeated the bills in their infancy.

Meanwhile, in Georgia, by a vote of 117 to 47, the House of Representatives removed a provision passed by the Senate that would have eliminated privacy in adoption, both retroactively and prospectively, without birthparent knowledge or consent. NCFA traveled to Atlanta to help legislators realize the radical nature of this provision.

Finally, after receiving significant public comment against enactment of a bill that would allow adult adopted persons to inspect their adoption records without birthparent knowledge or consent, Nevada’s Senate Judiciary Committee killed the bill for this legislative year by sending it to a committee for further study. The proposed legislation went so far as to allow unconditional access to profoundly personal records such as social worker notes, which would include findings from birthparent and adoptive parent counseling sessions.

All in all, the 2003 legislative session has, to date, protected the option of privacy in adoption. What this goes to show is that one should never underestimate the importance of participation in the political process. Sending letters and e-mails to legislators, speaking out at hearings, working with others who are connected to the issues, and monitoring the legislative process are critical to promoting sound adoption practice. Thank you to all who helped NCFA this legislative year, and who continue to do so. We could not do our work without you.