FYI
09:09 PM ET 12/29/99
Ore. Adoption Records Access Upheld
By CHARLES E. BEGGS=
Associated Press Writer=
SALEM, Ore. (AP) _ An Oregon appeals court on Wednesday
unanimously upheld the nation's first voter-passed law giving
adopted people access to their birth records, and the state began
processing their applications.
A three-judge panel of the state Court of Appeals said Wednesday
that mothers who put their children up for adoption have no
constitutional guarantee of privacy, despite promises they received
that their identities would be protected.
Opponents of the law had argued that it would subject birth
mothers to harassment by children they gave up years ago, and they
asked the appeals court to reconsider its ruling. They could also
appeal to the Oregon Supreme Court.
The appeals court also lifted an injunction barring the state
Health Division from releasing birth documents.
As of Wednesday, 1,468 Oregonians had applied to obtain their
birth certificates, and the first certificates could be mailed out
by the end of next week, said Edward Johnson, registrar for vital
records at the state Health Division.
If another injunction is granted, the process would stop in
place, he said.
``This is wonderful news for all of the people out there who
have had one wall after another put in front of them all their
lives,'' said Helen Hill, an adoptee.
The National Council for Adoption said the ruling is a betrayal
of birth mothers who gave up their children for adoption with the
understanding they would remain anonymous.
``The state of Oregon is saying to all of the people who were
promised privacy in the past, `We were lying to you,''' said Bill
Pierce, spokesman for the Washington, D.C.-based group.
The law passed with 57 percent of the vote in November 1998 but
never took effect because of a lawsuit by several anonymous birth
mothers. A trial judge upheld the law in July, but the order
preventing release of records remained in effect during the appeal.
``At no time in Oregon's history have the adoption laws required
the consent of, or even notice to, a birth mother on the opening of
adoption records or sealed birth certificates,'' the appeals court
said in an opinion written by Judge Paul De Muniz.
The case has been watched by adoption advocates nationally. In
September, the Tennessee Supreme Court upheld a 1996 state law
giving adoptees access to their records. Just three other states _
Alaska, Kansas and Delaware _ have opened adoption records.
The Oregon law allows adoptees 21 or older to obtain their
original birth certificates, which often contain birth parents'
names.
A 33-year-old woman who does not want to be contacted by the
daughter she gave up for adoption seven years ago lamented
Wednesday's ruling.
``It's open season on birth mothers. Oregon is saying, `Go find
your birth mother. Go hunt her down,''' said the woman, who spoke
on condition of anonymity and was not part of the lawsuit. ``If
somebody were to show up at the door, and one of my other children
were confronted with this, it would be traumatic.''
But Hill said birth mothers are still in control.
``If she gets a phone call or a letter, she can still say, `I
don't want to see you,''' Hill said.
Added Barry Price, a 55-year-old retired machinist: ``Part of my
background is missing. I need to fill in the blanks. I'm not
looking for another family. I just want to know who I am.''
Carole Colquehoun
carolelc(a)gateway.net