June '99 LegWatch

LegWatch

June 1999

(This feature first appeared in the Spring 1999 issue of the Bastard Quarterly.)

ARKANSAS

In Arkansas House Bill 2202, sponsored by Rep. Sandra Rodgers, D-Hope, would have entitled any adoptee to a copy of their original birth certificate upon request at age 21. The bill text, in its entirety, read:

"Any person who is at least 21 years of age and who was adopted in the State of Arkansas is entitled to obtain from the Bureau of Vital Statistics a copy of his or her original birth certificate."

Testimony was heard before the House Public Health, Welfare and Labor Committee, including a passionate appeal by BN's own Arkansas representative, Shanna Wells. Unfortunately, the bill was voted down in Committee, but activists are hopeful of the bill's chances in the future, and solid legislative groundwork is being laid for the next session. Email Shanna at beatnikluv@earthlink.net for more information or visit ..activism/local/ar/.

CALIFORNIA

California activists continue laying the groundwork for the introduction of adoptee rights legislation in the year 2000. California director of CA Open 2000 Ron Morgan has surveyed legislators on their opinions of open records legislation, and received largely positive results. California BN members regularly meet in both the Bay Area and in Southern California. For more information on Open 2000 or BN California meetings, please contact Ron Morgan at open2000@ryzome.com or visit http://www.geocities.com/CapitolHill/3441/.

COLORADO

AAC Board member and Catholic Charities social worker Bill Betzen lobbied HB 1188 through both the Senate and the House with the assistance of AIS-Denver. The bill solidifies the confidential intermediary system for current adoptees, and applies disclosure vetoes and contact vetoes to records released in the future. This bill was sent to the Governor, but then sent back to the House for further amendments, and was finally signed into law on June 2nd. Please contact the AAC and AIS and let them know that you are disappointed in their aggressive support of a bill that adds anonymity clauses to existing law, and will stymie open records reform in the future. For more information, visit ..activism/local/co/.

CONNECTICUT

Last year CT BN Director Karen Caffrey introduced SB 522, an unconditional open records bill, in the CT Senate. The bill was tabled and a study committee was formed to examine the issue of open records. In February of 1999, the committee released its report. We are pleased that the committee acknowledged the right of adoptees to their records, and the civil liberties issues at the heart of open records. We applaud the committee for its forwardthinking analysis. However, we were disappointed that the committee's final recommendation included a clause that will allow a birthparent who relinquished between 1977 and 1999 (the time period during which records were sealed), to withhold access of the birth certificate to the adoptee if they can show good cause in a court of law. No parent other than those who relinquished adoptees would benefit from this statute. No other offspring would be subject to having access to their birth certificate determined by a judge. We decry the notion that there should be judicial discretion over something that in fact should be unequivocally unburdened, access to one's government document of birth. The conforming legislation, SR 1274, also includes provisions that would require the state to notify the birthparents of an adoptee who has petitioned for a copy of their birth certificate through intrusive means such as advertisements in newspapers and a letter to lastknown addresses that could be 20 years old. Please contact CT legislators and ask them to vote NO on SR 1274 and instead to support an unconditional access bill for ALL adoptees, not just those born in a certain year. Contact information and the text of the bill can be found at ..activism/local/ct/.

ILLINOIS

Melisha Mitchell, a birthmother and AAC activist, successfully lobbied HB 631 through both the House and Senate. HB 631 will expand Illinois' adoption registry, expand penalties for "unauthorized" disclosure of information, add in anonymity clauses, and in short, set back open records reform to the dark ages. The AAC says the bill "flatly contradicts" their open records policy, but they are taking "no position" on it, and have invited Ms. Mitchell to speak out in favor of the bill at their annual national conference. A campaign is under way to convince the Governor of IL, George Ryan, to veto the bill. You may email the Governor at governor@state.il.us or contact him at the following address: Governor George Ryan
207 Statehouse
Springfield, Illinois 62706
Phone: 217/782-0244
Fax: 217/524-4049
Chicago Phone: 312/814-2121
Chicago Fax: 312/814-6775

For more information, visit ACT NOW!, Illinois' only adoptee rights activist group, at http://www.prairienet.org/actnow/, or email Gregory Beach of ACT NOW! at act-now@prairienet.org.

MISSOURI

Bastard Nation activists and supporters successfully stalled HB 910 in Missouri. On the plus side, the would have removed the adoptive parent consent that MO adoptees adopted prior to 1986 have had to endure in order to get access to their records (even if the birthparents waive nondisclosure!), but the rest of the bill would have expanded MO's existing search and consent system to include access to records. The bill would have required any adoptee who wanted their obc and adoption decree to petition the circuit court, who would then assign the placing agency or the juvenile court to search for the birthparents to obtain their consent. The ADOPTEE would have been billed for this service. The sponsoring legislator agreed to instead sponsor an unconditional access bill in the 1999-2000 legislative session after receiving missives from around the country in opposition to HR 910. For more information on efforts in Missouri, visit ..activism/local/mo/.

NORTH CAROLINA

SB 236 and HB 286, passive reunion registry bills that would criminalize searching, appear to be dead for the legislative session. The Senate bill was stalled in committee after objections from triad members nationwide, but the House bill received a favorable report in committee in April. Nonetheless, the House bill now appears stalled in Finance after receiving a fiscal impact statement in excess of $800,000 over the next five years. Visit ..activism/local/nc/ for more information.

OREGON

Measure 58, which passed on November 3rd, 1998 in Oregon, would unconditionally open original birth certificates to adoptees age 21 or older. The Measure was scheduled to go into effect on December 3rd. However, Bill Pierce of the National Council for Adoption instigated a court challenge using several anonymous birthmothers, who are claiming that the Measure violated their right to religious freedom and right to privacy, among other things, and an injunction was put into place barring the law from going into effect until the case is resolved. In the meantime, the Oregon legislature worked with both opponents and proponents of the bill to pass HB 3194, a bill that would allow birthparents to attach a letter to the original birth certificate indicating their preferences for contact, or other information. This bill was supported by Bastard Nation and Chief Petitioner Helen Hill, as well as the local adoption agencies who had opposed Measure 58. The bill does not alter Measure 58 in any way, and does not infringe on the unconditional right of an adoptee to access the original record of their birth. For more information, visit http://www.plumsite.com/oregon/

TEXAS

TXCARE, an organization headed by birthmother Alicia Lanier, introduced a bill, HB 13, that would have given adoptees access to their original birth certificates. SInce TxCare had not expressed their intention to withdraw the bill should veto clauses be added, and in fact actively considered several veto amendments, Bastard Nation did not endorse or assist in the TxCare effort. HB 13 died in committee. Please contact TxCare at txcare@aol.com and let them know that you will only support an unconditional access bill, and encourage TxCare to resolve not to lobby veto bills in the future.

WASHINGTON

Activists in Washington re-introduced a bill this legislative session in the House that would have opened original birth certificates to adult adoptees. The bill was never filed, and instead a legislator filed a disclosure veto bill, HB 1784. Quick action on the part of Washington triad members and Bastard Nation killed the bill so that it never received a hearing. Washington activists are now considering their options for the future. If you wish to get involved in Washington State, please email Julie Dennis at
jdennis@absnw.com or visit ..activism/local/wa/.

(This feature first appeared in the Spring 1999 issue of the Bastard Quarterly.)