Legislative Watch

Legislative Watch

(This feature appeared in the Winter 99/00 issue of the Bastard Quarterly.)

News from the USA and Canada

Canada:
by Natalie Proctor Servant, Eastern Canada Regional Director, Bastard Nation
(nsprocto@magma.ca)

Nova Scotia

In early November the Nova Scotia government introduced a new adoption bill
which included contact and disclosure vetoes. This bill was introduced to
fulfill anelection promise. Although it moved quickly to second reading, the bill was
radically changed by the government before reaching third reading. The
retroactive part of the bill was removed and the bill is, I understand, in a committee,
so it may resurface. Meanwhile a member of Parent Finders Nova Scotia has filed a
complaint with the Nova Scotia Human Rights Commission.

Newfoundland

In December the Newfoundland government, fulfilling a promise made in their
throne speech, quickly introduced and passed new adoption legislation. This
new act is a complete overhaul of a 50 year old law. Some highlights are:

- the court can keep bpars and apars who don't know each other's identity
from finding it out on a document
- this act implements the Hague Convention on Intercountry Adoption for
Newfoundland
- openness agreements may be made and can mean exchange or identifying or
non-identifying info
- adoptees 19 and over can apply for their OBC and adoption order
- bpars may apply for OBC with notation of changes of name, the birth
registration substituted for the original, and the adoption order
- disclosure vetoes can be placed by adoptees over 18 or birth parents on
the original registration,
- no-contact declarations can be placed by adoptees 18 or over or birth
parents named in an original birth registration
- disclosure vetoes and no-contact declarations only apply to adoptions
completed before this Act took effect
- both disclosure vetoes & no-contact declarations can be revoked
- both disclosure vetoes and no-contact declarations expire 2 years after
the person's death
- there is a mutual consent registry
- the province will also give search and reunion services to adoptees and
birth parents, and where the adoptee is dead, to the adult child or grandchild or the
deceased (unless a veto or no-contact declaration was filed), but will only exchange info if
the found party consents
- penalty for contravening a provision in the Act is $1000 - $5000 for the
first offence, and for a subsequent offence $5000 - $10,000.

USA:
By Julie Dennis, Legislative Chair, Bastard Nation (jdennis@absnw.com)

Missouri

Missouri Open 2000 is a coalition of adoptees and birthparents proposing
legislation for the 2000 legislative session that would unseal the original
birth certificate to an adult adoptee upon request. For more information,
please contact Judy Kennett at jkennett@nwlink.com

Michigan

The Adoption Identity Movement of Michigan is seeking input on proposed
legislation that would unseal the original birth certificate to an adult
adoptee upon request. Please contact them at DGeorgeW@aol.com for more
information.

Oregon

On December 29, 1999 the Oregon Court of Appeals today upheld the nation's
first voter-passed law to give adult adoptees access to their original birth certificates.
The law was solidly passed by Oregonians last November but it never has taken effect.
A trial judge upheld the law, but the appeals court had continued a stay preventing
release of records. The decision could be appealed to the Oregon Supreme Court,
which would decide whether to review the lower court decision. On the following day,
December 30, the Court of Appeals issued a seven day further stay, to allow the plaintiffs
to file an emergency appeal to the Oregon Supreme Court to review the case and to
impose a longer stay while the appeals process is pursued. The Bureau of Vital Statistics
has been ordered to immediately stop processing Oregon adoptees' requests for birth
certificates. See the Oregon Department of Human Resources FAQ on Ordering Pre-
Adoption Birth Records . Please write to your local papers in support of adoptee rights.
Each of our voices does make a difference! To keep up with the latest happenings with
Measure 58, visit the Measure 58 website at http://www.plumsite.com/oregon

Wisconsin

The Uniform Adoption Act, as Assembly Bill 526, was introduced on 10/12/99 by
Representative David Cullen (D) and is being co-sponsored by Senator Joanne Heulsman (R),
both of whom are attorneys. It has been referred to the Committee on Family Law, where it
has not yet received a hearing. We ask that all those in Wisconsin or with WI ties, please
keep track of this bill and inform your WI legislators that you oppose the anti-adoptee provisions
in the Uniform Adoption Act. See the WI UAA alert for details.

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(This feature appeared in the Winter 99/00 issue of the Bastard Quarterly.)