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Hawai’i

Original birth certificates were sealed to  Hawai’i  adoptees in 1945.

 The were unsealed June 21, 2016

Hawaii’ Adoption Law

Hawaii’ State Legislature Website

Hawaii’ Access Law

Track the new law- Bastard Nation Legislative page 2016

Privacy v Secrecy:  The Open Adoption Records Movement in Hawai’iby Bobbi W Y Lum. University of Hawai’i Law Review: 15:483

Current Access Law in Hawai’i

 HB 2082 went into effect on June 21, 2016.  (Legislative history of bill.)

This law gives adult adoptees (age 18) AND birth parents of adult adoptees unrestricted access to the entire, unredacted court file of the adoption, including a copy of the original birth certificate contained therein, upon request.

Access Procedures

Please circulate to search and support groups, etc. re how to make a records request in Hawaii.

Yesterday I spoke to two family court clerks on the island where I live who I know. They had heard about the law, and in fact were already getting requests for records, but they weren’t prepared to answer any questions about it and asked me to call back today, which I did.

You can either go in person to the Family Court to submit your form and show ID or you can mail in the request. If you are sending the request in by mail, you will need to have it notarized. They are in the process of generating forms in light of the new law. In the meantime, you can either simply write up a request, or ask the Family Court if there is a form they want you to use. You will be notified when the records are ready for pickup or to be mailed, and you will be advised of copying costs, which will vary depending on the number of documents that are in the file.

As to what’s in the file, the answer is, it’s going to vary and we want to hear from you as to what you get. You’ll get everything that’s in there, unredacted. It should, at a minimum, contain the petition for adoption, original birth certificate, home study, and adoption decree.

If you need help finding addresses of the respective family courts or identifying where the correct family court likely is, please feel free to email me at sheagrimm@hotmail.com

……Shea Grimm, Special Advisor, Bastard Nation Legislative Committee

Please note:

We are somewhat concerned about implementation of this law so it is imperative that we get reports back from Hawaii adoptees and birth parents as to their experiences, particularly if they encounter any difficulties.  If you experience difficulties, please give us name and contact info (PM and phone number and email on request) so that we can get reports and move to address any problems.

While the law does not give adoptees access to their OBCs through vital stats, it goes one step further and gives them the entire court file. This should contain not only a copy of their OBC but will do so regardless of where they were born, which is a big plus as many Hawaii adoptees were born elsewhere, including other countries.

We do not know how uniform this process is going to be though – what documents are going to be contained within the file and whether the OBC will be a certified copy or not or if it will vary. We also don’t know how the courts are going to interpret the wording of the law – particularly as to “inspection” of the court file – and whether people will have problems getting copies as opposed to just viewing it.

We did not write the bill, it was written by a legislator and staff, so it’s not how we would have done it,

Please spread this information around in your search and other adoption groups the news of the Hawaii bill, now law.

A big thank you to Adoption Circle Hawai’i who worked diligently on this bill.

And thanks to Bastard Nationals and friends for making this happen.

 

 

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Help us celebrate 20 years of bastardy! Bastard Nation is proud to announce the publication of "The Bastard Chronicles: 20 Years of Adoptee Equality Activism in the U.S.and the Birth of a Bastard Nation", Compiled and edited by Marla Paul, "The Bastard Chronicles" is primer for adoptee equality. It features a diverse collection of Bastard theory, and practice, Bastard and Bastard Nation history, legislative and political action, personal stories, art, and literature. It is the public face of Class Bastard written by Bastard Nationals and those we have influenced. Get yours in time for the holidays. Available at Amazon in print and Kindle today. (After the first of the year the print edition will also be available through the Bastard Boutique.

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See our state partners:

See our state partners:

Proud Bastard Nation Partner: CalOpen

Proud Bastard Nation Partner: CalOpen

Proud Bastard Nation Partner: Indiana Open Access

Proud Bastard Nation Partner: Indiana Open Access

Proud Bastard Nation Partner: Michigan Open Access

Proud Bastard Nation Partner:  Michigan Open Access

Proud Bastard Nation Partner: Missouri Open

Proud Bastard Nation Partner:  Missouri Open

Proud Bastard Nation Partner: Equal Access Oklahoma

Proud Bastard Nation Partner: Equal Access Oklahoma

Proud Bastard Nation Partner: Open Adoption Records in Quebec

Proud Bastard Nation Partner: Open Adoption Records in Quebec

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

Any political organization seeking to enact true open records legislation should be very clear with both their constituents and the legislators they work with about what the essential provisions of the proposed bill are. Any modification or deletion of the essential provisions of a bill should be immediate cause to have the bill killed.

Any political organization seeking the assistance of Bastard Nation to pass open records legislation must hold unconditional access by adult adoptees to the original record of their birth as an essential provision that cannot be modified or deleted. Read our Mission Statement.

Bastard Nation will not assist any political organization to pass open records legislation unless their governing board or other leadership

passes a written resolution such as the following that commits the board to a strategy of no compromise on key provisions
informs its constituents of this commitment and this strategy
informs the sponsoring legislators of this commitment and this strategy.

WHEREAS we recognize that disclosure and contact vetoes, redactions, mandatory intermediaries and registry provisions are an affront to the dignity of adopted persons everywhere and a violation of their right to due process and equal treatment under the law,

WHEREAS there has been a demonstrable negative effect on the ability to pass unconditional open records in states that have passed veto legislation and/or any provisions that are less than unconditional access on demand by the adult adoptee,

WHEREAS our primary goal is to restore the right of adult adoptees everywhere to be treated as full citizens under the law,

WE HEREBY DECLARE that under no circumstances will we accept the addition of veto, redaction, intermediary, or registry provisions, or any conditional provisions to our legislation that would be less than unconditional access for adult adoptees to the original record of their birth. All legislative sponsors and members of this organization will be informed of our policy on this matter to ensure that the bill is pulled promptly in the event of such revisions.