Indiana Open Access
SENATE BILL 197 “Copies of Identifying Adoption Information”, Sen. Randy Head
Bill link
http://iga.in.gov/legislative/2019/bills/senate/197…#
Mandates:
Those with “Identifying Information” are to hand it over to the adoptee when requested and presented with the Registry “Permission Slip”.
Effects:
Senator Randy Head’s bill is an attempt to clean up some of the mess our current “access” bill has & problems adult adoptees are having obtaining their “Identifying Information”. Unfortunately, Senate Bill 197 ignores the underlying issues and continues the presumption the facilitator, County, doctor, hospital, or 3rd cousin to the next door neighbor still has the information.
Until the mid 1980s, the State left it up to each County what was done with the original birth certificate, & adoption file. There wasn’t a mandate on how, where, or for how long the information was to be stored. Some counties stored everything at the Clerk’s office. Other counties sent the original birth certificate to the Health Department and the file to the Clerk. Even in counties where the original birth certificate and adoption file stayed within a government department, the State did not explicitly state “When electronically uploading adoption related information do not destroy the paper copies.”. Then there are the counties who allowed the doctor, hospital, or facilitator to “store” and keep the information. Those individuals or businesses, also, were not mandated storage requirements. The only thing the State did mandate was the amended “birth record” and adoption decree be submitted to the Registrar. And the only storage clarification was how the State would do so.
Adding in that many unwed mothers homes are no longer even in existance and haven’t been for decades, the chance of not being able to track down information gets larger. Deceased individuals, businesses that closed decades ago, and those that “cleaned out” their storage areas or electronically updated without keeping paper copies cannot give what they do not have!
Of course, neither the standing law nor the bill take into account that mothers, who were assigned an alias, will not be able to join the Registry because they can’t provide the proof they are that alias. Those affected adoptees will receive nothing. Nor will those denied. Or those who have two parents listed on the birth certifcate and both don’t join the Registry. Those are the “left behind”. The political speed bumps.
How to fix?
If the original document(s) is destroyed, it is destroyed. There isn’t any fixing that.
March 16, 2019
From: Lisa Zatonsky
Date: Sat, Mar 16, 2019 at 12:30 PM
Subject: SB 197 Amendment clarification please.
To: <h79@iga.in.gov>
Cc: <h73@iga.in.gov>
RE: SB 197 Amendment Clarification
CC: Rep. Steve Davisson
Honorable Rep. Lehman, Majority Floor Leader;
My name is Lisa Zatonsky and I serve on the Bastard Nation Legislative Committee and in Indiana Open Access leadership. Bastard Nation is the largest adult adoptee rights advocacy group in North America, with members from the United States and internationally, and Indiana Open Access is one of its state-level partners. Part of my Legislative Committee duties is monitoring, researching, and analyzing bills and then explaining them to the Executive Committee and membership. Not only do I want to make sure I properly relay the information, I am affected by Indiana adult adoptee laws. I am an Indiana born adult adoptee, a former State ward (8 ½ years), and live near Salem (Rep. Steve Davisson’s District).
On March 14th, a floor motion amending SB 197 passed during Second Read. Although I agree with the amendment, and I admit that might be based in personal bias because of my time as a ward and what led up to it, I am having a difficult time expressing how the amendment is germane and doesn’t violate House Rule 80 (Part VII Motions). I am hoping you can help me understand and clarify.
Where I am getting confused:
SB 197, originally, was a reiteration and clarification of how the Indiana Adoption & Medical History Registry Identifying Information should be handled. The Registry is a specific post-adoption privilege granted Indiana born, adult adoptees and their biological families for the purpose of sharing pre-adoption information. Not all registered adult adoptees were adopted in Indiana. Nor were the registered first parent(s) rights necessarily relinquished or terminated here. And the consents, found within the Registry rules, only concern the mutual release of Registry members’ information.
The floor amendment addresses parental allowances, for those whose rights were terminated, prior and during adoption proceedings. At this point in the process, the adoption would not have occurred and neither party would be Registry membership eligible.
For a reference point when looking at germaness, I am using Indiana House Rules, Jefferson’s Manual, and Tilson’s Parliamentary Law and Procedure.
Neither Bastard Nation nor Indiana Open Access oppose or support SB 197 in either its original or amended form. Not our purview, not our lane. Since the bill does address current Registry information protocol, however, it is our duty and responsibility to notify membership. Any help you can give so I can make the original bill and amendment connection easier to understand is greatly appreciated!
Thank you for your time and service to our great state.
Respectfully,
Lisa Zatonsky-Bailey
Reporter: Lisa Zontosky, January 8, 2019
