When Eric Roach (who was adopted as an infant in 1955) was 40 years old, he requested a copy of his original birth certificate and access to his sealed adoption records. His requests were denied.

Now, according to an Oct. 14 article by Mary Garrigan of the Rapid City Journal, Roach and others are appealing to the South Dakota legislature to change the rules to provide all adopted adults with access to their original birth certificates:

"I can't have what other people get automatically," [Roach said]. Any biological child can go to the state of South Dakota and request a copy of their birth certificate and, with the appropriate documentation, they'll get it -- no questions asked. As an adoptee, if you want a copy of your birth certificate -- hang on for the ride. The answer is 'No. You're adopted.' The laws ought to be equal across the board."

As part of South Dakota Support and Education for Adoption Legislation, Roach is one of about a dozen members -- including adoptees, birth parents and adoptive parents -- who will lobby the 2010 Legislature to allow 18-year-old adoptees to obtain their original, unamended birth certificates from the South Dakota Department of Health.

Under current state law, adoptees need a court order from the county where their adoptions were finalized to access their adoption records or their original birth certificates, requests that can be arbitrarily denied by a judge.

Nine other states already have laws that allow adopted adults to access their original birth certificates, Garrigan reported.

Labels: laws, adopted adults, birth_certificates

Posted By: Aspen/CRC 0 Comments

In a letter to an adoption columnist for ABS-CBN, a woman expresses concern over her sister-in-law's recent "adoption," a process which consisted of a falsified birth certificate. Her primary question is, "Is this adoption legal?"

"...you are right to be concerned. NO adoption occurred. Instead, a crime occurred, the falsification of a birth certificate, and everyone involved can go to jail... the lawyer who prepared the false certificate of birth can be disbarred..."

Adoption processes exist for the protection of both the parents and the children. Yes, they can take a long time, and waiting can be excruciating. But the alternative is to participate in a process that's not legal and could result in removal of the child. Source: ABS-CBN News

Labels: birth_certificates, legitimacy, legal

Posted By: Adoption Issues 0 Comments

Some North Carolina legislators and others are proposing new laws that would allow adoptees to access their original birth certificates when they reach adulthood. The propositions are receiving mixed reviews, with some people being concerned that the birth mothers rights would be violated should such a law take effect.

"[Roberta] MacDonald said one of the main reasons for the law would be to allow adoptees to have a family medical history. She said the law would not lead to a mass of adoptees bothering birth parents, citing other states with more lenient adoption laws."

The law would include an option for birth parents to fill out forms stating whether or not they ever wish to be contacted by the child, and would allow the birth parent to submit updated medical information as well.

Read more at NewBernSJ.com.

Labels: laws, birth_certificates, birth_parents

Posted By: Aspen Education Group 0 Comments