York Statewide Adoption Reform's
---- UPDATE! URGENT! ----
Our legislation was amended down and is no longer a Bill of Rights.
Senate amended bill S5964 reported from Health Committee to Rules Committee did not move to the floor for a vote. It is still in Rules Committee until next Albany session, which begins January 2016. This bill, which we do NOT support, has been given the green light by senate leadership to move to the floor for a vote after it passed in the Assembly on June 19, 2015 by a count of 125-19.
Because S5964 was assigned to Rules Committee, it means the next step is a floor vote.
Transcript from June 18 Assembly debate on A2901A available here, courtesy of Jennifer Sarro.
Archived Video - Thursday June 18, 2015 Part 1 - http://assembly.state.ny.us/av/session/
For details of the amended Assembly bill, visit the A2901A page.
The amended Senate bill page is S5964. On both pages, to display the complete text, click the checkbox next to "Text" near the top.
Watch testimony on YouTube for the Adoptee Bill of Rights A909 from our NY State Assembly Health Committee hearing, held in Manhattan on January 31, 2014:
Joyce Bahr, UI President and Founder, Manhattan Birth Parents Support Group
Kathleen Rice, Nassau County District Attorney & Ellen Mohr, her aunt and an adoptee
Joe Soll, Psychotherapist, Author and Adoptee
Rod Shinners, Father in Search
Nancy Horgan, Reunited Mother from Rhode Island
Michael Schoer, UI Coordinator for Brooklyn and Staten Island
Joe Pessalano, UI Lobby Team member
Lorraine Dusky, First Mother Forum website
James Lane, NYC Green Party
Dana Stallard, Spence Chapin Services to Children and Adoptive Families
Leanne Jaffe, Adoption Consultant, Adapting to Adoption, Psychotherapist
Pat O'Brien, President, New York State Citizens Committee for Children
Doris Bertocci, Clinical Social Worker, Psychotherapist
Professor Elizabeth Samuels, Baltimore School of Law
Adam Pertman, President, Evan B. Donaldson Adoption Institute
Judy Kelly, PhD, LMHC, Manhattan Birth Parents Support Group, birth mother and facilitator
Michele Wadowski, Manhattan Birth Parents Support Group, birth mother and facilitator
Two surrogate judges speaking AGAINST the Adoptee Rights bill:
Judge Cyzgier cites The Matter of Linda F.M. saying the court found blackmail. The matter of Linda F.M. was heard by the Court of Appeals, the highest court in New York State. The judges conjectured and speculated blackmail, a slur against the motives of adoptees and Linda F.M. was denied on February 24, 1981.
John Cyzgier, Surrogate Court Judge of Suffolk County
Assemblymember Helene Weinstein also made the slur of blackmail in her debate speech at the assembly floor debate on June 18, 2015.
Peter Kelly, Surrogate Court Judge of Queens County and Executive Chair of The NY State Surrogates Association
Visit http://assembly.state.ny.us/av/ and look under Archived Videos for the complete video and audio recordings of the proceedings.
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There were never any written promises of confidentiality for mothers who surrendered to adoption from anywhere in the country. Indeed, surrender papers that unwed mothers signed terminating their parental rights contained no mention of privacy or confidentiality for them. Many of them never heard the word. Anonymity was imposed on them, but confidentiality was not given. The word "promise" was not spoken by either social workers or adoption attorneys. Court decisions in the Tennessee Supreme Court (1997), the Oregon Court of Appeals (1999), and the U.S. Court of Appeals for the Sixth Circuit (1997) held that open records legislation in Tennessee and Oregon violated no rights of birth parents under respective state constitutions or the federal constitution. Opponents of the new laws failed to produce any written promises of confidentiality.
New York Assemblymember David Weprin was quickly able to see there was no legal confidentiality for birth mothers but, according to the Speaker's Counsel Jim Yates, there was intent in New York's 1938 sealed birth certificate law to give unwed mothers confidentiality. Yates commented, in a meeting with advocates in Albany at the end of the 2014 legislative session, "We don't care about adult adoptee constitutional rights." Possibly Mr. Yates is wrong and should care, because studies conclude the intent was for confidentiality of the adoptive home — so the child could grow up without intrusion from the birth/natural mother (who was considered to be a lowlife).
Professor Elizabeth J. Samuels study, "The Idea of Adoption: An Inquiry into the History of Adult Adoptee Access to Birth Records" concludes laws were enacted to protect the confidentiality of adoptive families, not birth or natural families.
She has reviewed surrender papers and finds no evidence women were given legal confidentiality.
Link to her testimony at the NY State Assembly January 31, 2014 hearing:
Link to her website:
Rod Shinners is a member of our Albany lobby team and a father in search of a 49-year-old born on Long Island. The natural mother will not divulge the gender of the relinquished person. All he knows is the person was relinquished for adoption. Rod's search is difficult — if you know anyone 49 years old who resembles Rod, let us know!
News Articles and Letters to the Editor
"Adoptees fight for view into past" by Leigh Hornbeck, July 13, 2015, The Albany Times Union
"A Son Given Up for Adoption Is Found After Half a Century, and Then Lost Again" by Gabrielle Glaser, July 10, 2015, The New York Times
"Law Would Permit Adoptees to Find Birth Parents" by Eric Levitz, January 29, 2015, citylimits.org
Ohio to unseal 400,000 adoption records - Cincinnati News, FOX19-WXIX TV
Joyce Bahr's letter to The Albany Times-Union:
ADULT ADOPTEES NEED RIGHT TO BIRTH RECORDS
Sunday, June 8, 2014 Section: Perspective Page D3
'Gertie's Babies,' Sold at Birth, Use DNA to Unlock Secret Past, The New York Times (front page) Sunday, April 5, 2015
Why a Generation of Adoptees Is Returning to South Korea, The New York Times (Sunday magazine cover story) Sunday, January 18, 2015
WNYC Leonard Lopate segment: Why a Generation of Adoptees Is Returning to South Korea, January 15, 2015
New York Adoptees Fight for Access to Birth Certificates, The New York Times, June 15, 2014
Lebanese Adoptee, Searching for His Roots, Finds Islam, The New York Times, August 1, 2014
When Children Are Traded, by Nicholas Kristof, The New York Times, November 20, 2013
The Child Exchange: Inside America's underground market for adopted children, Reuters Investigates (5-part series), September 9, 2013
Mirah Riben's Adoption Reform articles in the Huffington Post
David Weprin, our Assembly bill sponsor, held a press conference for A909 in Albany on Tuesday March 18, 2014.
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Most of the world is looking down on Ireland and many U.S. states for failure to keep up with the times, to recognize badly needed human rights for adoptees and natural parents and to apologize to the victims. Scotland changed its sealed record law in 1930 and England in 1975. Kudos to the British for making the film Philomena.
Profile of Philomena Lee in The New York Times, November 11, 2013:
A Forced Adoption, a Lifetime Quest and a Longing That Never Waned
Philomena Lee Meets Claire McCaskill, U.S. Senator for Missouri to Discuss Adoption
Real-Life Woman Behind 'Philomena' Gets an Audience With Pope Francis
Sean Ross Abbey, Roscrea, Ireland
Philomena Lee and Martin Sixsmith on film portrayal
Meet the Real-Life Philomena Lee
The Real Philomena and her daughter, Jane
are a Pro Adoption Reform Organization
Adoptees must be free from a law legalizing the
falsification of permanent records. A bill signed by Governor Lehman in 1935 and enacted in 1938 which nullifies the inalienable
and civil right of a person to know the actual facts of their birth and obtain a copy of
Governor Lehman signed the closed record law in July 1935.
We are committed and dedicated to the cause of removing this outdated, unfair and
Adoptee David Phelps speaks out against discrimination against adoptees who deserve the inalienable right to know -- anything less is unacceptable.
A new law recently signed by Governor Cuomo extends participation in the adoption registry to include adult adoptees born in other states but adopted in New York.
At last they can obtain non-identifying information from the registry the same as adult adoptees born in the state.
New Study conducted by the Evan B. Donaldson Adoption Institute -
Openness in Adoption: From Secrecy and Stigma to Knowledge and Connections
Secrecy and confidentiality were one and the same and not legally defined because they were social mores and not laws.
Shame, secrecy and denial were social mores from the Victorian era that brought about the stigma of illegitimacy for both adoptees and for their mothers who were all too often manipulated into signing a surrender paper relinquishing their child for adoption.
Confidentiality was for the adoptive parents and not for the adoptee who professionals and everyone else knew would never search.
Social workers never developed programs to help women cope with the stigma of
illegitimacy because they felt these women deserved such stigma. Neither were
they informed that relinquishing their children would cause them lifelong grief
and anguish. Women were not presented with options. They were not considered
upright, competent nor deserving enough to raise their own children. Many women
signed a surrender paper stating that they would not interfere with the custody,
control and management of said child. The word confidentiality was not in any
surrender paper including mine. We were told over and over not to disrupt the
adoptive home and to get on with our lives and forget our own children.
Professor Samuel's research findings are correct: sealing adoption records was
meant to protect the adoptive parents, not birth or natural parents who were
treated without basic human dignity during this period and even today sadly
still are in many states. Adoptees fared no better. Torn from their natural families, their social and genetic histories, they had their native identities made secret by the state and were given new identities and expected to adapt as best they could.
This forced relinquishment and adaption has brought with it a host of problems for adoptees. By the 1970's, many sought to begin to address the realities of their lives by searching, but were dissuaded by the negative stereo type of the birth mother as prostitute, low-life or gutter dweller who would take the adoptee down with her.
However the truth eventually showed itself and adoptees found their mothers were, quite often, the girl next door.
-- Joyce Bahr, President
Legislation would give adoptees access to birth records - NEWS10 ABC: Albany, New York
Australia's PM Julia Gilliard's Apology, March 2013
Here is the transcript:
Rosie Fuller's story of embarrassment and humiliation in her struggle to learn her identity. She ends up with two families and the answers she needs to heal her life.
your birth parent forthcoming with pertinent medical history? See our Articles page and read the Surgeon
General's Family History Initiative and Adam Pertman's article,
"Adoptees Deserve Access to Family Histories".
Link: Adam Pertman's Blog
2007 Report by the Foremost Think Tank
on Adoption Issues:
Restoring A legal Right
for Adult Adoptees
Adopted Children Should Be Able to View Adoption Records,
Says Recent Survey by FindLaw:
1997 Cornell University Study Indicates Adoptive Parents
Are In Favor Of Open Records:
Connecticut activists advocate for long overdue rights
link to OBC for Connecticut:
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Studies Finding for Adoptee Access to Original Birth Certificates
2012 - 50 pages - Evan B. Donaldson Adoption Institute: "Openness in Adoption: From Secrecy and Stigma to Knowledge and Connections"
2010 - 46 pages - Evan B. Donaldson Adoption Institute: "For the Records II: An Examination of the History and Impact of Adult Adoptee Access to Original Birth Certificates" is based on a years-long examination of relevant judicial and legislative documents; on decades of research and other scholarly writing; and on the concrete experiences of states and countries that have either changed their laws to provide these documents or never sealed them at all (Entire study published on Institute's website).
2009 - 112 pages - Evan B. Donaldson Adoption Institute: "Beyond Culture Camp: Promoting Healthy Identity Formation for Adoptees." The broadest, most extensive examination of adult adoptive identity to date. (Entire study published on Institute's website).
2007 - 50 pages - Professor E. Wayne Carp: "Does Opening Adoption Records Have an Adverse Social Impact? Some Lessons from the U.S., Great Britain, and Australia 1953 to 2007." (Study available from www.informaworld.com or from Unsealed Initiative).
2007 - 31 pages - Evan B. Donaldson Adoption Institute: "For the Record: Restoring a Legal Right for Adult Adoptees." (Entire study published on Institute's website).
2008 - 33 pages - Cleveland State Law Review: "The Only Americans Legally Prohibited from Knowing Who Their Birth Parents Are; A rejection of Privacy Rights as a Bar to Adult Adoptee Access to Birth and Adoption Records." (Online copy available from Unsealed Initiative). Cleveland State Law Review. Volume 55 issue 3.
2001 - 59 pages - Professor Elizabeth J. Samuels: "The Idea of Adoption: an Inquiry into The History of Adult Adoptee Access to Birth Records." Study concludes confidentiality was for adoptive parents. Some birth parents signed surrender papers agreeing to stay away from the custody of the adoptee and adoptive family. But no birth parent was given confidentiality or a right to privacy. This study is published in the Rutgers law review #367, 2001. (3-page conclusion available from Unsealed Initiative).
1997 - Cornell University study sponsored by the New York State Citizens Coalition Children: "Adoptive Parents Are Overwhelmingly in Favor of Opening Sealed Adoption Records." (Available at www.news. cornell.edu/release/jan97/adoption.record.ssl.ht).
1973 - New York Law Forum study concludes adults adoptees should have access to identity and birth records for psychological health reasons. (Available from Unsealed Initiative).
Survey Finding for Access
2003 - Survey conducted by FindLaw finds an overwhelming majority of Americans believe adopted children should be granted full access to their adoption records when they become adults. (Survey findings published on http://www.findlaw.com).
Convention on the Rights of the Child
1989 - UN Resolution (44/25 UN Convention on the Rights of the Child, Article 8). Section 1 states parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. Section 2 states where a child is illegally deprived of some or all of the elements of his or her identity, state parties shall provide appropriate assistance and protection, with a view of re-establishing speedily his or her identity.
1970's protest; recent David Weprin press conference; David Hancock's First NY State Legislature Lobby