Legwatch
Summer, 2000

Compiled by Julie Dennis, Natalie Proctor Servant and Albert S. Wei

Canada:

Ontario:

It is likely that in June, Marilyn Churley, MPP for Broadview-Greenwood, will introduce a private member's bill to open adoption records in Ontario, subject to vetoes. This will likely be similar to her previous attempt in 1998. Since this session of the Ontario Legislature is almost over, the bill will not be up for second reading until the fall. For more information email nsprocto@magma.ca or visit the BN Ontario page linked from www.bastards.org/canada/

United States:

Federal Level: The Hague Convention on Intercountry Adoption

The Hague Convention — Adoptees Held Hostage by Trade Groups

Legislation to ratify the Hague Convention on Inter-country Adoption (Senate bill S.682 and House bill HR.2909) is stalled in Congress due to intense lobbying by adoption industry interests and by groups identified with the religious right — the same groups often associated with the fight against open records. Trade groups representing adoption facilitators and small adoption agencies oppose the treaty because they believe that any regulation of inter-country adoption would either reduce their profit margins or put them out of business. These groups have convinced Senator Sam Brownback (R-Kansas) to champion their cause. In addition, a group of legislators led by Congressman Chris Smith (R-NJ), urged on by right wing organizations such as Dobson’s Focus on the Family, are trying to stop the treaty by including language against non-traditional adopters. These groups and individuals have been using all manner of byzantine political maneuvers to stop the Hague, and we have reason to believe that the traditional enemy of adoptees — Bill Pierce — is behind at least some of the maneuvering.

To date, 40 countries have ratified this important human rights treaty which would, for the first time in US history, legislate minimal standards of practice for the practitioners of inter-country adoption, particularly adoptions involving children from developing countries by families in the First World. Among other things, the treaty sets forth minimal standards on what information should be maintained and accessible to adoption participants (including adoptees), require agencies and individuals involved in inter-country adoptions to be formally accredited by their home-country governments and provides for government monitoring and regulation of inter-country adoption. These measures are necessary in order to fully protect the interests of these adoptees and adoptive families against unscrupulous adoption practitioners.

The present draft of the Hague was the result of a highly negotiated compromise between the adoption reform community and trade groups bent on reducing accountability in adoption practice and on sealing records at the Federal level. Apparently, the other side never intended to live by the terms of that compromise.

Adoption reform groups including BN are now leading an uphill battle to save the Hague. If the US does not ratify the treaty, it will be sending a clear signal to the rest of the world that, for it, the commerce of adoption is more important than the interests of adoptees.

Legalized Anonymous Abandonment Bills

(CORRECTION – It was reported inaccurately in the last Legwatch that the Georgia baby dump bill, HB 1292, had passed.  This bill failed on the Senate floor by a vote of 25-30.  We apologize for the error.)

Despite the large flood of baby dump bills across the country, the members of Bastard Nation and other organizations such as Project Cuddle were able to slow the trend by pointing out the numerous flaws and identity rights violations in these bills through letters, and personal testimony.  This was apparent in states like Georgia where their bill was voted down on the Senate floor after moving quickly through the House.  In Oklahoma a legalized abandonment bill was vetoed by their Governor.   In other states these bills which had been on a fast track are now slowing down, as legislators begin to realize that these bills are not a simple solution to a complex issue.   As state legislative sessions begin to wind down, we need to be aware that this battle is not yet over.  To find out what you can do, please read Bastard Nation’s position paper on legalized anonymous abandonment at www.bastards.org/activism/legalized-abandonment.html, where you will find a link to the BN BabyDump Action Alert pages.   We are making a difference!

Alabama

Thanks to AWARE and those who supported HB, Alabama-born adoptees may now order a copy of their state-held adoption files.  Governor Don Siegelman signed HB-690 at 6:34pm on May 25, 2000. All adults in Alabama who have sealed original birth certificates will be able to request these in writing and begin receiving them on August 1, 2000. In addition to the sealed birth certificate, any evidence of the adoption contained within the same file will be released as well.  Visit the AWARE website for details: www.alabama-adoption.org

Missouri

HB 1216, which would have allowed Missouri adult adoptees age 18 or older unconditional access to their original birth certificates, failed on the House floor by a vote of 30 YES, 92 NO, 1 Present.   Undaunted by this setback,  Missouri Open 2000 is currently making preparations for presenting a bill next year.  For more information please contact Lindsay Woodside at quilter@bluevalley.net  or call Patti Roderique at 573-483-2993. 

New Hampshire

The New Hampshire Open Adoption Records Coalition is meeting regularly in preparation of presenting an unconditional open records bill at their next state legislative session.  For more information or to find how you help, please contact Janet Allen at dtjallen@worldpath.net

Oregon

Thanks to Helen Hill and all those who supported Measure 58, Oregon-born adoptees may now order and receive a copy of their original birth certificates.   Birthmothers who relinquished in the state of Oregon may put a note in the adoption file informing their offspring of their contact preferences. For details visit www.plumsite.com/oregon/

Washington

Washington State Open 2001 has announced their intention to put an unconditional open records initiative on the November 2001 ballot in Washington State. They are currently seeking volunteers to assist in this effort. For more information or to find how how you can help, contact Julie Dennis, jdennis@absnw.com, or visit the Open 2001 website at www.absnw.com/ open2001 or call 206-374-2284.  To get involved, contact Julie Dennis at jdennis@absnw.com or call 206-374-2284.

 

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