Adoptees born in the state of Pennsylvania have for the first time gained access to their birth certificates after a law passed over a year ago came into effect a few months ago.
Nearly 2,028 adoptees born in Pennsylvania have in the past two months received a summary of their original birth certificate as a result of a bill which Gov. Wolf signed into law in November 2016 that allows them to obtain it after paying a nominal fee, something that they could not do previously.
So far everyone else but the adoptees could access these birth records.
Result Of A Legal Battle Of Over Eight Years
The battle to change the law started with State Rep. Kerry Benninghoff ‘s efforts.
Benninghoff who is an adoptee himself had been forced to write “N/A” — not applicable — on medical history forms for years since he had no information regarding his birth parents.
Over years he grew frustrated with the failure to get information regarding his medical history, even as his kids struggled with epileptic episodes.
The state banned adoptees born in the state after 1984 from obtaining a copy of their original birth certificate without a court order. But in recent years many adoptees like Benninghoff have wanted to obtain their own birth records.
From 2010 onwards, Benninghoff has been working with advocacy groups to draft legislation that would reverse that 1984 policy.
His efforts gathered momentum particularly after he gained the support of State Rep. Katharine M. Watson from Bucks County, the chair of the House Children and Youth Committee, who is not only another adoptee but also an adoptive mother.
Watson called the information regarding birth parents as the “missing piece” of the puzzle for adoptees.
Bill Amended To Protect Birth Parents
To enable the passage of the bill, Benninghoff said, drafters of the legislation tacked on an amendment allowing birth parents to request the Department of Health to redact their name and other identifying information.
Since then, the department has received and granted 13 such requests.
According to Gregory Luce, an attorney and the founder of the Minneapolis-based Adoptee Rights Law Center, nationwide states have varying rules regarding access to records for adoptees.
- Nine states have put in place “unrestricted” laws under which adoptees can get copies of their original birth certificates
- Around 16 states have “compromise” laws like Pennsylvania’s
- Remaining 26 states are “restricted,” in which adoptees can’t obtain their original birth certificate without a court order.
In December 2016, New Jersey legislators passed a bill similar that of Pennsylvania allowing adoptees to request their birth records and similarly grants redaction requests from birth parents. So far, 4,165 adoptees have requested their certificates in the state, while 558 birth parents requested redactions.
In December 2017, New York Gov. Andrew Cuomo, vetoed a bill that would have opened access to birth records for adoptees.
Privacy And Abortion Worries
Some interest groups, such as the American Civil Liberties Union of Pennsylvania and the Pennsylvania Catholic Conference, have opposed the Pennsylvania legislation.
The Catholic Conference has expressed concern that abortion rates would increase if birth parents’ anonymity wasn’t protected. Andy Hoover, the communications director for the ACLU of Pennsylvania, stated the group’s opposition was related to privacy for birth parents.
Luce, who is also an adoptee has noted that there’s no current law that protects the anonymity of birth parents, and further pointed out that finding a birth parent has become easier with at-home DNA testing becoming more common.
Adoptees Using All Avenues To Search For Their Parents
Adoption search angels like Priscilla Sharp help individuals to find a family member every day on an average.
Search angels help others to search for and contact biological family members.
Sharp placed her daughter for adoption at age 19 under pressure from the baby’s father and the hospital nuns but never quite got over it. She later successfully found her daughter and now helps other adoptees to discover more details about their birth parents.
With Pennsylvania’s new procedures for birth certificate she has now put Pennsylvania adoptees who have received the summary of their birth certificate as her first priority.
Another adoptee Lorna Pray, has created a Facebook group for adoptees from Pennsylvania who want to discuss and work together to search for biological family members, or simply to exchange notes on how to learn more about themselves.
