On Thursday, April 14, 2022, the Vermont House voted to concur with Senate amendments on H 629. The bill now goes to Governor Phil Scott for his signature; thus making Vermont the 11th state to recognize and affirm the right of all adopted people (in Vermont at age 18) to obtain their original birth certificates without restrictions or conditions. There is no reason to believe that Scott will not sign it.
Perhaps a bit of hyperbole, but this is the Vermont Miracle. The first time that a compromised, restrictive bill turned into a clean inclusive bill much less passed into law. This is history and shows a clear path for other states to follow.
You can read the history of H 629 on the Bastard Nation Vermont page. This page includes links to news stories, documents, and videos.
The bill originally contained a birthparent disclosure veto and maintained the Vermont Registry apparatus. Language was unclear as to whether or not the OBC would be released. This was, of course, unacceptable.
Both sides got off to a rough start. Adoptee rights activists felt stymied by the House Judiciary’s handling of the first hearing where only “adoption experts” in suits spoke, feeling that our voices were silenced. The Judiciary Committee didn’t understand our dismay and anger since they were…well…following their traditional procedure, they explained, of getting a clear picture of the current situation a bill addressed, and going from there. When committee members were informed by activists of the insults and demeaning brush-offs adopted people get in other states to even get their foot in the door, they seemed genuinely dumbfounded. (Hey! It’s Vermont!) It appeared to be a WTF Moment for them. See, Vermont legislators, unlike (ahem!) lawmakers in some other states, take their job and their constituents seriously. With the air cleared, the committee held several hearings dominated by adoptee voices. The committee asked intelligent and clarifying questions that a team from the Vermont Adoptee Rights Working Group and the New England Adoptee Rights Coalition (including Bastard Nation) answered. In the end, the bill was turned around: (1) the right of all Vermont adoptees and their descendants to obtain their OBCs with no restrictions or conditions was restored codified; (2) OBC access was separated from the Registry where other “identifying information” might be accessed; and (3) a genuine optional CPF was added that replaced all birthparent vetoes on file. Non-disclosures can be filed after July 1, 2023.
The only opposition came from the Lund Family Center (adoption agency), Vermont Network Against Domestic and Sexual Violence, and liberal Democratic Rep. Barbara Rachelson. All worried about “confidentiality” issues despite overwhelming evidence that “confidentiality” in adoption does not and cannot exist. They wanted the bill to create an “access by mutual consent” statute. Rachelson held the only dissenting vote in the committee and on the House floor.
The Vermont Senate Judiciary Committee was a little tougher but followed the same process of intelligent questions and discussions. They, too, held hearings dominated by adopted people and voted unanimously to send the bill to the Senate floor. During that floor vote, small amendments were introduced and passed that made the bill a little better. The House concurred with the changes. As amended, the new CPF will require space for birthparents to write directly to the adoptee if they wish to do so, and (2) the effective date of the law was moved up one year from July 1, 2024, to July 1, 2023.
The passage of H 629 is the result of relentlessly hard work in the front and back ends, including building strong relationships with key committee members and legislators and discussing disagreements with opposition. (No one was opposed to OBC access per se; they wanted restrictions to “protect” parents.)
The removal of on-file Disclosure Vetoes is a special victory Although this hurdle was jumped in Australia (for the most part) years ago, it has been a hard sell in the States. DVs let softcore opposition grant favors for most while maintaining a sealed OBC system that did not acknowledge equality under the law between adoptees or the adopted and not adopted. It kept bastards in their social /legal place and maintained a state-enforced adoption-industry-and-its-assets stranglehold on our records. This victory showed lazy deformist groups and Benedict Bastards who want to get “something” passed on their watch, that their incremental baby-step-through-restrictions aspiration is a dead end and not salient.
Thanks to the following: Vermont Adoptee Rights Working Group; the New England Adoptee Rights Coalition, New York Adoptee Rights Coalition. Adoptee Rights Law Center, Adoptees United, Adoptive and Foster Family Coalition of New York, People for Ethical Adoption Reform, Ellie Lane, Rebeckah Henson, Rebecca Dragon, Mary Anna King, Claud D’Arcy, Annette O’Donnell, Greg Luce Mike Fortuna, Rep. Maxine Grad, Rep. Kenneth Goslant, Rep Kate Webb, Sen. Dick Sears, Michele Childs, Amber Burke. former Maine Representative Bobbi Beavers, and of course, all of you who supported H 629 and contacted legislators. We win when we work together.
Once Gov Scott signs H 629 into law, the only New England hold-out will be Massachusetts with its HD 2294 that passed the House nearly a year ago and is waiting for hearings in the Senate Rules Committee to move forward. This bill will unseal OBCs for those adopted between July 18, 1974, and December 31, 2008. All other dates are open upon request. This is where our attention is now focused. This bill, under various numbers, has been around for years. Does Massachusetts really want to be the outlier?
Join with Bastard Nation and the New England Adoptee Rights Coalition to finish the New England job.
New York Adoptee Rights Coalition
Yay!
So much damage is done in this world with the stroke of a pen. With the stroke of Governor Scott’s pen, a victory for Adopted Persons and a victory for everyone supportive of Human Rights and Individual Freedom! Congratulations to all those who have worked so hard, so long, and for so many years! And thank goodness for this Web Site!