Washington: Legislators Discriminate Against Adopted by Lori Jeske

The State of Washington continues to prohibit adult citizens who were adopted from unrestricted and unconditional access to their own original birth certificate.

In the 1940s the state starting sealing some birth certificates and over time started sealing all original birth certificates belonging to adopted citizens. In 1993, the WA State Legislature begrudgingly agreed to “allow” some adult citizens who were adopted, access to their original birth certificate if they were born after Oct 1, 1993. Legislators also included a special privilege that would allow one or both natural parents to file what’s known as the “Affidavit of Non-Disclosure” form that allows only a natural parent the special privilege to prohibit the release of the original birth certificate to the person requesting a copy. Since this special privilege was created 20 years ago only four (4) Affidavits of Non-Disclosure have been filed with the state. The first of the four forms was filed in June of 2012. What’s interesting to consider is while this form/special privilege has been available for the past 20 years, only four citizens have ever used that form, yet WA State Legislators are certain this form is necessary. Necessary for who? It’s starting to look like a special perk for legislators not citizens. Hmmm…

Despite these four forms filed since 1993, literally thousands of adult citizens in WA State are prohibited by state law from accessing a copy of their very own original birth certificate. Something fishy is definitely going on in the capital and there’s a strong likelihood the only people who desperately want this special privilege to prohibit someone else from accessing their own original birth are legislators themselves.

For those who thinknatural mothers and/or fathers have some sort of “privacy rights”, it’s been well established in case law that a birth is both a private and public event and in no way can or should a state imply or lead anyone to believe the state can guarantee their anonymity by sealing an original birth certificate from the person it belongs to. In other words, the natural mother’s “right to privacy” is a myth.

During this legislative session, there are two bills (HB 1525 and SB 5118) being quietly slid through committees in an effort to keep the privilege out of the public eye. The Senate bill at one point was a bill that would restore the rights of ALL citizens to have unconditional and unrestricted access to their original birth certificate, but somebody on the House side must have called in a favor to get the Senator sponsors to amend the bill to include disclosures and restriction, hence keeping the discriminatory restrictions on the books.

Washington’s neighboring states of Oregon and Alaska do not prohibit anyone from accessing a copy of their original birth certificate. Is the sky falling? Is there a huge public outcry from natural parents demanding state legislators seal birth certificates? No there isn’t.

Does a week go by without a news article of someone finding a relative, discovering they work with a sibling they haven’t seen for 50+ years? No. Reunions happen all the time in states where these reuniting family members can connect. Keeping an outdated, archaic law on the books for four people who think they have special privileges makes no sense. Our State Legislators surely realize if the voters of Washington State can vote into law Marriage Equality, Death with Dignity and personal use of marijuana…what do you think the odds are these same voters will in fact overwhelming support the right of all citizens, age 18 and older, having the same right to unconditional and unrestricted access to their own original birth certificate? Odds are pretty darn good and a bet I’d be happy to place. And those four Affidavits of Non-Disclosure that were filed in the last 12 months are virtually null and void.

At any time the law can be changed. The siblings, aunts or uncles, grandparents or whoever can search for a relative lost to adoption and again, the Affidavit of Non-Disclosure is worthless. To think that prohibiting an adopted citizen from accessing their original birth can prevent someone else from identifying them as a biological relative is misleading. Not to mention when even one person is prohibited by state law from accessing a copy of their original birth certificate, it puts the adoptee and their biological relatives (siblings, cousins, etc.) at risk of incest.

Legislators know good and well that passing a law that does not apply to ALL citizens is blatant discrimination, a waste of taxpayer’s time and money, and misleads citizens into thinking the state can guarantee a person’s anonymity while putting biologically related citizens at risk of incest.

All State Legislators must amend out all the restrictions and conditions in both SB 5118 and HB 1525 to ensure ALL adult citizens have unconditional and unrestricted access to their own original birth certificate…or kill the bills. This 70 yr old discriminatory law needs to end this legislative session. For additional information, please join Bastard Nation Adoptee Rights Organization.

Washington Battleground: The Annual Murder of Adoptee Rights Continue
http://bastardette.blogspot.com/

Public testimony by citizens demanding legislators remove all restrictions and conditions. The only supporters of sealed birth records are in fact, legislators themselves. Watch the testimony given by both citizens and two legislators and you’ll see what we mean.

House Judiciary Public Hearing on SB 5118
http://www.tvw.org/index.php?option=com_tvwliveplayer&%3BeventID=2013030177

Senate Human Services and Corrections Public Hearing on HB 1525
http://www.tvw.org/index.php?option=com_tvwliveplayer&%3BeventID=2013031090

….Lori Jeske

Lori Jeske sits on the Executive Committee of Bastard Nation and serves as treasurer.  She was adopted in Washington State.

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