Legislation regarding Adoption Records

Background and legislation regarding Adoption Records

Sealed Adoption records are under attack in New Jersey and other states. This attack places women who believed the promise of permanently sealed records and promised confidentiality at grave risk. For many of these women, the victim’s of rape, incest or other traumatic circumstances, back street abortion or adoption were the only options. Falling into the adoption process was the only thing that enabled them to survive this ordeal.

The familial terminology we use (Mother, Parent, Child etc.) as a society makes it difficult to understand the trauma these women suffer. Do we refer to a woman who has had an abortion as “Mother”? Do we refer to those who have donated their sperm to a sperm bank as “Father”?

Women who have endured a crisis pregnancy are not looking for the “happy” meeting or interested in being forced by the State to revisit that traumatic time in their life. They have somehow survived that horrible time and have built a life for themselves. The State has no right to destroy the lives these women have built for the wants or needs of someone else, no matter how noble it appears. 

When you consider that 1 in 6 women will be a victim of sexual assault the New Jersey statute requiring that the records be sealed clearly serves the interest of all parties in the adoptive process: biological source, adoptive parents, and the adoptee.

Each girl/woman’s experience is unique and can not be lumped into legislation that fails to consider the individual fact’s surrounding their ordeal.

Forty six states still have restrictions on access to adoption records. The current trend however is to provide greater access to these files.

New Jersey Senate Bill S-799 under consideration by the Senate Health, Human Services and Senior Services Committee reflects the sponsors disregard of the rights of women (perhaps juvenile victims of rape/incest) who were promised confidentiality and shows utter disregard and insensitivity to trauma victims. Perhaps the sponsors have never heard of Post Traumatic Stress Disorder. This is evident by the bills coercive requirement that a woman who wants to retain her anonymity must fill out a medical and cultural history form within the 12 months following the passage of the legislation. If they do not complete the form they forfeit their anonymity no matter how long ago the adoption took place. Imagine that a woman in her 80s now forfeits her right to privacy because she didn't realize she had to file a form in Trenton. What of the old woman in a nursing home that would have to reveal her ordeal as a juvenile sexual assault victim to some nursing home aid because she needs help in completing the State ordered form.

Perhaps the State should consider that if the woman hasn't contacted them since she was a victim all those years ago her answer is "NO"!!!!!!!!

The bill totally disregards Due Process. Even in a Nuclear family, adult children do not have a right to a parent's medical record. How can the State force a woman to provide this personal information to a total stranger with absolutely no requirement on the strangers’ part to prove actual medical need?