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- Statistical facts & introduction to research dilemma
- History of sealing records
- Five main dilemmas with finding lineages with sealed records
- Status of states for access to adoption information
- Research resources
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- 118,000 United States adoptions per year since 1940
- 6,000,000 adoptions since 1940
- 20,000,000 to 90,000,000 descendants
- Who do not know
- Possibly will never know
- Their biological ancestors
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- Why??? ..... Sealed adoption records
- Sealed records have made genealogical research nearly impossible
- Research can be incredibly complex
- Without knowing what to do
- Where to look
- Who can help
- What the rules are in each jurisdiction
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- The secretive nature of adoption has not always been the norm
- It has only been in the last 40 years that laws were changed to limit
access to adoptive records
- At the same time, many laws have constantly protected American Indians’
rights to knowledge of their original tribes, even if adopted
- Original laws in Utah had been initiated by adoptive parents not the
birth parents
- 1950's, 1960's and 1970's – little confidentiality as adoption was
forced upon mothers who were pregnant out of wedlock. (Utah)
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- Originally state statutes provided for neither…
- Confidentiality with respect to the public
- Secrecy among the parties
- Statutes were later changed to protect the parties’ information from
public scrutiny but not from adoptee access
- As late as 1960, some 40% of the states still had unrestricted right of
the adult adoptee to inspect their original birth certificates
- During the 1960s, 1970s and 1980s, all but three of those states
changed their laws to close birth records to the adoptee.
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- Dilemma #1 No Standard
Nationwide Access Policy
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- Open-access
- Registries
- Confidential intermediary programs
- Closed access
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- American Adoption Congress
- www.americanadoptioncongress.org
- Support legislative change
- Learn your state representative
- Petition a judge to use an intermediary
- Some agencies are beginning to pass letters through to parties
- Make sure you put a waiver of confidentiality in your agency file in
case the other party seeks to make contact through the agency
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- Most states now allow access to “non-identifying information”
- Agencies do not have to release everything in your file
- The clerk has the discretion to edit and withhold information
- One never knows what is accurate or inaccurate
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- When requesting your non-ID information, always indicate in writing that
you want
- ALL OF IT
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- Suggestion: find a sympathetic judge
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- Three basic searches for the adoptee!
- Finding a name (from doctors, attorneys, agencies, registries, courts,
or other vital record sources)
- Finding the individuals in the past (census records, Polk Directories,
vital records, or other genealogical records)
- Finding the individuals currently
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- Research current state laws
- Get into a good registry
- Check out the adoption resources available
- Contact ISC (Independent Search Consultants)
- www.iscsearch.org
- Cyndi’s List - See adoption resources
- Tina’s Adoption Site
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- 90% of all birth mothers will allow some contact
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- States with Open Access
- Alabama
- Alaska
- Kansas
- Oregon
- States with Restrictions
- Indiana - pre 1940
- Maryland - pre 1947
- Montana - pre 1967
- Ohio - pre 1964
- Virginia - pre 1994
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- States Having Open Access With Restrictions
- Delaware
- Tennessee
- [Below have years that apply]
- Colorado - post 1999
- Hawaii - post 1999
- Minnesota - post 1991
- Montana - post 1997
- Oklahoma - post 1997
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- Active registry
- Arizona *
- Georgia
- Minnesota - pre 1982
- Missouri
- Nebraska
- North Dakota
- Oklahoma
- Wisconsin
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- Intermediary – Adoptee & Birth Parent
- Arizona
- Arkansas
- Colorado – Pre 1999
- Connecticut
- Florida
- Indiana
- Maryland – Pre 1947
- Massachusetts
- Michigan
- Montana – Pre ’67 and ’97
- New Hampshire
- Vermont – Pre 1994
- Virginia – Pre 1994
- Washington
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- Intermediary Access – Adoptee Only
- Illinois
- Kentucky
- Mississippi
- Pennsylvania
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- Passive Registries / Waivers – Both Parties Must Come Forward
- California
- Hawaii
- Idaho
- Iowa
- Maine
- New York
- Ohio
- Nevada
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- West Virginia
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- Louisiana
- New Jersey
- North Carolina
- Washington, DC
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- Adoptee Research Requires …..
- A little art …..
- A little know-how …..
- Usually a big miracle !!!!
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- Surname
- Date & Location of Birth
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- Nationwide revisions
- State by state revisions
- Adoptee-access law revisions
- New internet resources allow better access to information
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- Alabama – Since a new access law passed in May 2000, approximately 1,000
adults have obtained copies of their original birth certificates.
- Delaware – Under a new law which took place in January 1999, 472 adoptee
have obtained copies of their original birth certificates. (Birth
parents may veto)
- Oregon – A new law in May 2000 allowed more than 7,000 adoptee to
receive their original birth certificates
- Connecticut – Proposed Bill #5963 would give adoptive adults over the
age of 21 the right to a copy of the original birth certificate. (Birth
parents may veto)
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- Georgia – House Bill #176 would enable adopted adults over the age of 21
access to copy of the original birth certificate.
- Massachusetts – Senate Bill #1040 would enable adopted adults over the
age of 18 yrs to obtain a copy of the original birth certificate. (Birth
parents may veto)
- Missouri – Senate Bill #322 would allow adopted adults over the age of
18 yrs to obtain a copy of the original birth certificate.
- New Jersey – Senate Bill #2607 & Assembly Bill #3136 would allow
adopted adults over the age of 18 yrs to obtain a copy of the original
birth certificate.
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- American Adoption Congress
- www.americanadoptioncongress.org
- Support Legislative Changes
- Learn Your State Representative
- Post Office Box 42730
- Washington, DC 20015
- (202) 483-3399
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- States with Certified ISC Searchers:
- Arizona
- California
- Florida
- Idaho
- Illinois
- Montana
- New Mexico
- Ohio
- Oregon
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- Countries with Certified ISC Searchers:
- Germany
- Austria
- Switzerland
- www.iscsearch.org
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- Cyndi’s List --- Excellent state-by-state and county-by-county adoption
resources
- Nancy Ashe --- Adoption Laws
- www.adoption.about.com/cs/searchbystate/index.htm
- Tina’s Adoption Site --- State Resources
- www.geocities.com/capitolhill/9606/states
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- www.isrr.net
- ISRR Registry
- Post Office Box 2312
- Carson City, Nevada 89702-2312
- (702) 882-7755
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