| LegWatch (This feature appeared in the Summer 1999 issue of the Bastard Quarterly.) Colorado Colorado's intermediary/veto bill, lobbied by TxCare and AAC Board member Bill Betzen, a non-triadian social worker, was signed into law by the Governor on June 2nd. This bill has been amended so many times, it's been hard keeping track of it, but the bill solidifies the intermediary system for adoptions occuring between 1967 and September of 1999. Lots of clauses are thrown in guaranteeing anonymity for that time-period, which will kill open records in all likelihood for decades if not for good, for those adoptees. Post-1999, records are open to adoptees, birthparents, and adoptive parents except birthparents who had their rights terminated due to neglect or abuse, and except that birthparents and adoptees may file a disclosure veto. This sets a negative precednt for an unconditional bill in the future. The law dealing with post-1999 access also includes a contact veto, but apparently for birthparents only. Pre-1967 access under this new bill seems vague. The bill implies that the legislature sealed records from the public in 1949, but they were available to the adoptee, birthparent, and adoptive parent until 1967, when records were sealed to all parties. The law does not specifically grant access to pre-1967 adoptees, but seems to imply that those records are not sealed anyway. The text of the bill can be found at http://www.state.co.us/gov_dir/leg_dir/sess1999/hbills99/hb1188.htm. Note that the summary is written for the bill as it was first drafted, and does not apply to the amended bill, but the actual text does seem to include all amendments. Illinois Despite vigorous opposition by Bastard Nation, ACT NOW, and other triad organizations, Illinois Governor George Ryan signed HB 631 into law on August 7, 1999. The bill goes into effect on January 1, 2000. The bill creates the Illinois Adoption Registry and Medical Information Exchange to replace the current Adoption Registry. The wording in the general intent of this bill is extremely foreboding: "The General Assembly supports public policy that requires EXPLICIT MUTUAL CONSENT prior to the release of confidential information." Highlights of HB 631 - P.A. # 91-0417
HB 631 blasts any hope for open records for a long while to come. Illinois legislators will NOT revisit adoption issues any time soon. Why should they? They've just amended the IL Adoption Act, which together with the Confidential Intermediary Section already on the books, is considered to be "in the best interest of adopted and surrendered persons." North Carolina HB286 & SB236 were introduced in the 1999 legislative session. These bills sought to establish a passive, state-run mutual consent registry. HB286 died in committee after receiving an unfavorable report, SB236 was referred to committee, but appears to have never received a hearing. Neither bill was passed into law. 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, but a lawsuit challenging the law was brought by adoption attorney Franklin Hunsaker on behalf of six anonymous birthmothers, and an injunction was put into place barring the law from going into effect until the court ruled on the case. The suit included claims that Measure 58 invades privacy, violates religious freedom and contractual promises of confidentiality. On July 16, Marion County Circuit Judge Paul Lipscomb upheld the constitutionality of Measure 58, summarily dismissing all arguments against it. The ruling proclaimed "Plaintiffs have failed to demonstrate either any contractual right to absolute privacy and confidentiality, or any impermissible impairment of any such rights." Lipscomb went on to explain that "Even assuming birth records to be an intimate personal matter, the effect of Ballot Measure 58 is only to give access to the person born, not to the general public. And significantly, there was no privacy or confidentiality at all which was attached to adoption records at the time of the enactment of either (the U.S. or Oregon) Constitutions." The plaintiffs immediately moved to appeal Lipscomb's decision to the Oregon Court of Appeals, as they promised they would if they lost. Although Judge Lipscomb could see no reason to continue the injunction while appeals were pursued, on Friday July 30 the Oregon Court of Appeals did grant another 90-day stay until they can hear arguments in the case. See the Measure 58 website for updates and activism ideas. http://www.plumsite.com/oregon/ South Carolina HB 4054 sought to allow the agency responsible for placement to furnish the identity of an adoptee to a birthparent & siblings; or the identity of a birthparent & siblings to an adoptee, if the adoptee is 21 or older. It would have removed the existing disclosure veto system and would have made the mandatory counseling prior to any disclosure of information optional. Appears to have died in committee. (This feature appeared in the Summer 1999 issue of the Bastard Quarterly.) Copyright 1999 Bastard Nation |