This week has been a busy one for adoptee rights activists around the country, Instead of a short Facebook and Twitter blurb noting legislative updates, we thought we’d give a fuller examination of what went down.
The Good
Minnesota
Minnesota is a hard case. The state’s current access law is convoluted, confusing, and degrading. A serial ax killer gets more respect than Minnesota Bastards. Here’s the lowdown; the long haul plan:
SF2602, introduced on March 20, 2019, is a clean bill that dismantles Minnesota’s forty-plus-year history of compromise. It may be the first clean bill ever filed in Minnesota and it constitutes a necessary step toward dismantling a complex system that has existed in Minnesota since 1977. A detailedmemo explaining each of the sections in the bill is here. SF2606 will be difficult to move forward this session, especially after it was referred initially to the Judiciary and Public Safety Finance and Policy Committee, chaired by a known opponent of adoptee rights legislation.
Note how the bill handles the over 1000 disclosure vetos now on file. Poof!
The bill:
- Amends section 144.2252 so that an adult adopted person and his or her descendants or spouse may request and obtain a copy of the adopted person’s original birth record.
- Provides birthparents the option to file contact preference forms (CPF) that inform an adult adopted person of the birthparent’s wishes concerning contact, whether contact directly, through an intermediary, or a preference for no contact
- Sunsets, effective July 1, 2020, previously filed birth parent affidavits of disclosure or nondisclosure.
- Allows parents whose rights are terminated to also file contact preference forms, even if the child remains in foster care and is never adopted
- Repeals Minn. Stat. § 259.89, which currently governs a complex procedure used when an adult adopted person requests his or her own original birth record from the Minnesota Department of Health.
- Aligns Minnesota law so that issues involving vital records are handled through the Minnesota Department of Health and its governing vital records law, while issues involving adoption and post-adoption services are governed by adoption law and handled through child-placing agencies, the court system, or the Minnesota Department of Health and Human Services.
Chief opposition will probably be Minnesota Citizens Concerned for Life who never met an adoptee who wasn’t headed for the local abortorium until they intervened with a prayer and a megaphone.
The bill is in the Senate Judiciary and Public Safety Finance and Policy where it has had the 1st reading.
(Thanks to Greg Luce, Center for Adoptee Rights Law for details)
Texas
It was a long long day for TxArc and legislators, but HB2725 got a hearing in the House Public Health Committee, on the evening of April 10. TxARC goddess Shawa Hodgeson and her birthother (whose name we didn’t catch) testified for TxARC in support,as did members of Texas STAR and individuals who said they were representing themselves The only dissent came from a rather flustered lobbyist for Texas Alliance for Life who looked like he’d rather be at the dentist than at the hearing. His testimony was very brief, only a few sentences, trying to tie OBC access to abortion. The bill is expected to pass out of committee.
The Bad
Iowa
Until Wednesday Iowa’s HF756 enjoyed smooth sailing. Then… Rep. Megan Jones, reportedly due to a “constituent concern,” added an amendment that made a couple of cosmetic language changes and backed down the effective date for OBC release for adoptees born after 1970 to January1, 2020 in order to give the state time to implement an ad campaign to warn birthparents about the disaster changes coming. Well–not happy but still OK. Then Thursday Jones offered a draconian amendment that permits birthparent(s) to petition juvenile court to keep the OBC sealed, “for good cause.” Of course, “good cause” wasn’t defined, but we doubt if a judge will side with a bastard’. Just another veto in the all. The bill was pulled from the floor.
On the bright side, while the House was beating up adopees, Senate companion SF515 passed the full Senate Ways and Means Committee. It is headed for the Senate floor for a vote where it is expected to pass according to billrunner Iowa Adoptee and Family Coalition. (not affiliated with Bastard Nation).
The Ugly
Nevada
Nevada lawmakers believe that adoptees are so dangerous that the only way they can be trusted with their own OBCs is if their birthparents are dead. Scratch that… so dangerous that they’ll get a sorta birth certificate. Let’s hear it for No-reunion-for-you! AB375:
- Release of a noncertified copy of document “similar to OBC” for adoptees at least 21 years of age whose birth parents’ names appear on the OBC and are deceased
- Limits information on “similar OBC ” document to DOB, county of birth, names, and ages of birthparents
- Does not specify how adoptees provide or show proof of death of listed birthparents
Does this have anything to do with the curious relationship between Catholic Charities and certain mob affiliates a long time ago? Dare we ask?
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Keep up with legislation on
the Bastard Nation Legislative page
New York Adoptee Rights Coalition
