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The prospect of adopting a child is a blessing for couples who are unable, or choose not to have their own. But for the birth mother, giving away a baby can be a wrenching and painful experience. For the child who is adopted, there is the sense of mystery: "Who are my biological parents?" "What kinds of health risks run in my biological family?" The questions are profound and can become a driving force behind a search that is often filled with both pain and hope.
Since 1930, states have sealed adoption records to protect birth parents and adoptees from the stigma of illegitimate birth and to protect adoptive parents from unwanted interference. But the climate has shifted and more and more organizations are working to open all adoption records. In 1979, a bill was proposed that would have done just that, but it was later tabled during the Reagan administration.
At the moment, adoption records are open in only two states, Kansas and Alaska.
Currently, an estimated one million adoptees and birth parents are using private eyes, support groups and classified ads to look for each other, often at extreme personal expense.
Open records advocates say sealed records are demeaning to adopted people. According to activist Betty Jean Lifton, "Everybody else has their family around them like a hall of mirrors that they can look at, and the adoptee is in a void."
But critics argue that opening records violates the right to privacy of the birth parents. As our guest Bill Pierce says, "tens of thousands of people... made important life decisions based on the fact that there was an expectation of privacy and confidentiality." Women who give up their children often do so under painfully emotional circumstances that they don't want to revisit.
Critics also argue that opening records could reduce the number of domestic adoptions. Bill Pierce cites a General Accounting Office study finding that 10 percent of those who adopt internationally do so to avoid dealing with the birth parents. Opponents counter that Alaska and Kansas, the two states with open adoption records have higher rates of adoption that the nation as a whole.
In 1996, the battle hit the courts as a birth mother sued the state of Tennessee to try to keep birth records sealed. Religious groups, such as the one led by Pat Robertson, have gotten involved in the Tennessee case, arguing that opening records would lead to more abortions. Robertson believes that more women will terminate their pregnancies to avoid coming into contact with the adopted child later in life.
Our forum asks: What are your experiences with adoption, and do you feel the system works as well as it could? What would happen if all adoption records were opened? What are the risks and the gains? Should there be a national policy?
Our guests are professionals who have devoted their careers to these issues. Bill Pierce is the President of the National Council for Adoption. He believes open records would severely harm the adoption process. Anne Babb is the President of the American Adoption Congress. She argues that open records would help millions of adoptees searching for birth mothers who wouldn't mind being found.
Questions asked in this forum:
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