Home » News » Currently Reading:

Washington: BN Testimony, HB1525, March 21, 2013–Oppose

March 23, 2013 News No Comments

HB 1525
TESTIMONY
Adoptee access to their own original birth certificates

Washington Senate Human Services and Corrections Committee

March 21, 2013

OPPOSE

Presented by Lori Jeske

Bastard Nation: the Adoptee Rights Organization is the largest adoptee civil rights organization in the United States. We support only full, unrestricted access for all adopted persons, to their original birth certificates. (OBC). We do not support any restrictions such as the Affidavit of Disclosure, Disclosure Vetoes (DV), Contact Vetoes (CV), white-outs, or any other restricted access to a true copy of the original birth certificate.

HB 1525 is being purported as a bill that supports “adoptee rights”. However, the bill continues the State of Washington’s discriminatory sealed birth records system. While this bill would allow a substantially larger number of adult adopted citizens access to their original birth certificate, the bill continues to prohibit the release of original birth certificates due to the “Affidavit of Non-Disclosure” which serves a privilege for only four (4) citizens at the present time.

Affidavit of Non-Disclosure: This form is onerous and only serves as a discriminatory privilege. The Affidavit of Non-Disclosure was implemented into state law back in 1993 and applies only to Washington adoptions finalized on and after October 1, 1993. This Affidavit of Non-Disclosure creates a special third party privilege for birth parents that no one–parent or otherwise in the entire United States– possesses: to bypass state law and to personally bar the state from releasing another person’s birth certificate to the person to whom it pertains.

Sponsors of HB 1525 claim the bill will restore the civil right of adult adoptees to access their original birth certificate, yet the bill continues to abrogate that right by continuing to let the legislature control our birth records and who gets what, instead of treating all adoptees in a uniform manner under law. This attitude might be politically expedient and meant only to justify past bad legislation. It does not, however, justify the continued denial of the right all Washington’s adoptees once enjoyed, A right exists or it doesn’t. A right is not contingent on third party approval.

Sooner or later Washington and every other state that has not opened OBCs unconditionally to adoptees are going to be forced to. The issue isn’t going away. This is not a matter of if, but when.

Adopted adults, especially since 9/11, are increasingly denied passports, drivers licenses, pensions, Social Security benefits, professional certifications, and security clearances due to discrepancies on their amended birth certificates, and their inability to produce an original birth certificate to remedy the problems. Proposed changes in passport application regulations will make it literally impossible for some adoptees to ever receive a passport without an accessible paper trial to the OBC.

Adoptees without a genuine original birth record could soon be barred from running for public office.‭ Last year, at least 10 states, introduced legislation requiring presidential and vice-presidential candidates to present their original birth certificates to appropriate authorities to prove citizenship eligibility for office. Some of these bills go farther, mandating anyone running for office to prove an identity through an original birth certificate. It is no stretch to think that someday soon adoptees could be barred from voting due to lack of “legal birth certificates.”

Should these rights and entitlements be nullified for adoptees because OBC access might make some people “uncomfortable?”

HB1525 is not redeemable. It needs to die right now.

The only recourse to death by committee could occur if this committee agrees that all Washington adoptees should receive the same treatment under law. In that case, the bill should be amended and returned to the House with the following:

1. Remove all reference to the Affidavit of Non-Disclosure from bills and/or proposed amendments from the current bill.

2. Unilaterally expire all Affidavits of Non-Disclosures currently on file with the effective date HB 1525.

3. Remove the current Contact Preference Form and its disclosure prohibition and replace it with a genuine Contact Preference Form.

Please note that when a state grants a privilege, which is clearly what the Affidavit of Disclosure is—it may modify or revoke that privilege at any time. We see this principal in operation through legislation where laws are enacted changing the age and conditions under which one may drive a car, buy an alcoholic beverage, or qualify for various government entitlements The Affidavit of Disclosure is no different.

For lawmakers concerned about “birth parent privacy,” a true Contact Preference Form is an easy, ethical solution, passed in other states, that allows birth parents to voluntarily voice their preference for contact with the adoptee, without the legal ramifications of the Affidavit of Non-Disclosure for OBC access. That is, no matter what birth parents prefer, the OBC is still released.

Earlier this year, a witness during HB 1525 public hearing and the WA State Dept of Health has confirmed via an email that only FOUR (4) Affidavit’s of Non-Disclosure have been filed in Washington since 1993 and they were filed in 2012. Original birth certificate access is clearly not an issue for birth parents in Washington State, and that the only objection to full access lays in legislatures where adoption is only discussed, not lived. The rights of all Washington State adoptees should not be held hostage by four anonymous individuals.

Unless HB 1525 is amended to a clean bill that recognizes the right of all of the state’s adopted people to their own OBC without restriction, then vote DO NOT PASS and keep this bad bill from a floor vote. Washington adoptees must enjoy equal protection, due process, and dignity, not favors.

Submitted by Lori Jeske

Member, Executive Committee

Bastard Nation: the Adoptee Rights Organization

PO Box 9959 | Spokane, Washington 99209

Follow Bastard Nation

Comment on this Article:







new! Bastard Nation Analysis and Endorsement of the Adoptee Citizenship Act 2015

new!  Bastard Nation Analysis and Endorsement of the Adoptee Citizenship Act 2015

Stop deporting our brothers and sisters!

Bastard Nation Executive Committee and LegCom page

Bastard Nation Executive Committee and LegCom page

Read about Bastard Nation leadership

THE BASTARD BOUTIQUE IS NOW OPEN! STOCK UP ON BASTARD SWAG FOR YOURSELF, YOUR FRIENDS. GIVE THE GIFT OF BASTARDY TO ANYONE, ANY TIME, ANY WHERE.

THE BASTARD BOUTIQUE IS NOW OPEN!  STOCK UP ON BASTARD SWAG FOR YOURSELF, YOUR FRIENDS. GIVE THE GIFT OF BASTARDY TO ANYONE, ANY TIME, ANY WHERE.

Your one-stop shopping for everything Bastard is now live. You can get our latest Bastard Nation swag at the Bastard Boutique. Quantities are limited! -- CLICK THE PIC!

FACEBOOK OFFICIAL BN PAGE

FACEBOOK OFFICIAL BN PAGE

Join us on the Official Bastard Nation Facebook page. The only "adoption" page on Facebook dedicated to discussion and promotion of adoptee autonomy, civil rights, bastard theory, political organizing, and activism. You can also sign up there for our BN mail list which includes all of our Action Alerts. This is not a search and support page. No Woundies need apply! (Page live on July 1, 2015)

FACEBOOK SOCIAL BN PAGE

FACEBOOK SOCIAL BN PAGE

Join the Bastard Nation Public Page, a public service for Bastard Nationals, friends and supporters. General discussion on adoptee rights and related issues.

TWITTER

TWITTER

Join us on Twitter. All the Bastardly news fit to tweet!

PINTEREST

PINTEREST

Join us on Pinterest. Bastard icons, images, members, actions, politics, and fun. And Christopher Walken!

Become a Bastard Nation Legislative Liaison!

Become a Bastard Nation Legislative Liaison!

Bastard Nation needs Legislative Liaisons in every state with laws that seal adoption records. We need eyes and ears in the legislatures, creating relationships and gathering information.

What does a BN Legislative Liaison do? They talk with lawmakers and their staff about adoptee rights and the laws that seal records. They distribute Bastard Nation position papers and FAQs to legislators and staff members. They record their conversations and report to the BN Legislative Committee.

They are organized, informed, friendly, helpful, and engaged.

What do you need to do to be a BN Legislative Liaison?

1. You need to live close to the capitol of your state.
2. You need to be able to appear friendly, even when talking with people who disagree with you or are just disagreeable, period.
3. You need to have a flexible schedule.
4. You need to agree with Bastard Nation’s mission: If you don’t know what that is, go to bastardnation.org, it’s right there on our welcome page.

Those are the prerequisites. If you are interested, click the picture of the capitol rotunda, and fill out the application form. We will be in touch and schedule an online orientation and training.

We look forward to working with you!

Read what real live adoptees have to say about secret adoption and sealed records....A service of Bastard Nation and Emma Pea! Fighting adoptacrats since 1996.

Hit the pic for archives.

PUBLIC SERVICE ANNOUNCEMENT: Meet Sharley!

PUBLIC SERVICE ANNOUNCEMENT:  Meet Sharley!

Bastard Nation Moms Club

Bastard Nation Moms Club

Bastard Nation is gathering the names of moms who are willing to step forward and say that they were never promised confidentiality. If you are willing to participate, please comment this status. Your name (and if you choose, the relinquishment date) will be added to a list used in newspaper ads and to educate legislators.

Bastard Nation Action Alerts (from old BN page)

Bastardly Books by Bastards and Friends

-

  Photobucket

Click Here To Enter

-

 

Recent Comments

bastard-chronicles

bastard-chronicles

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.

Bastards! Our Bastard Nation Logo T-shirts are now in the boutique! Show the world that we have no shame. Wear it proudly and represent!

Bastards! Our Bastard Nation Logo T-shirts are now in the boutique! Show the world that we have no shame. Wear it proudly and represent!

We also found a stash of our vintage BN logo keychains. There are only 10 left, so order yours! When they're gone, they're gone! Click he pic!

Join Bastard Nation!

Join Bastard Nation!

This summer we are updating our membership/donation page and payment process. If you would like to join or donate, please hit the spemrie. It will take you to our Bastard Boutique page. Follow instructions from there. Be sure to include a quick note with your contact information and anything else you'd like us us know..

My, my it’s American Bastard Pie! (design by Lisa Zatonsky)

My, my it’s American  Bastard Pie! (design by Lisa Zatonsky)

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.

Share This!