Finding Ancestors When You re Adopted. By Dale L. Hinkle

Transcription

1 Finding Ancestors When You re Adopted By Dale L. Hinkle

2 Lesson Objective: 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

3 Statistical Facts: 118,000 United States adoptions per year since ,000,000 adoptions since ,000,000 to 90,000,000 descendants Who do not know Possibly will never know Their biological ancestors

4 Introduction To Research Dilemmas: 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

5 Historical Facts: 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)

6 Historical Facts: 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.

7 Dilemmas: Dilemma #1 No Standard Nationwide Access Policy

8 Four Main Categories of Access 1. Open-access 2. Registries 3. Confidential intermediary programs 4. Closed access

9 Suggestions: American Adoption Congress 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

10 Dilemma #2 Non-identifying Information Usually Leads Nowhere Most states now allow access to nonidentifying 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

11 Suggestion: When requesting your non-id information, always indicate in writing that you want ALL OF IT

12 Dilemma #3 Dual-state Situations: Born in One, Adopted in Another Suggestion: find a sympathetic judge

13 Dilemma #4 Finding Your Ancestors With Limited Information 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

14 Suggestions: 1. Research current state laws 2. Get into a good registry 3. Check out the adoption resources available 4. Contact ISC (Independent Search Consultants) 5. Cyndi s List - See adoption resources 6. Tina s Adoption Site

15 Dilemma #5 Your Birth Mother Doesn t Want Contact 90% of all birth mothers will allow some contact

16 Status Of States For Adoptee Access To Information 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

17 Status Of States For Adoptee Access To Information 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

18 Status Of States For Adoptee Access To Information Active registry Arizona * Georgia Minnesota - pre 1982 Missouri Nebraska North Dakota Oklahoma Wisconsin * Arizona adoptive parent can deny birth parent the right to search if they file an affidavit claiming adoptee is unaware he is adopted.

19 Status of States For Adoptee Access To Information 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

20 Status of States For Adoptee Access To Information Intermediary Access Adoptee Only Illinois Kentucky Mississippi Pennsylvania

21 Status of States For Adoptee Access to Information 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

22 No Registries or Registries with Restriction Basically Closed!!!!! Louisiana New Jersey North Carolina Washington, DC

23 Resources for the Adoptee in the 2000 s Adoptee Research Requires.. A little art.. A little know-how.. Usually a big miracle!!!!

24 Birth Parents Have Been Found with as Little Information as a. Surname Date & Location of Birth

25 Research is Becoming Easier Nationwide revisions State by state revisions Adoptee-access law revisions New internet resources allow better access to information

26 Legislative Changes 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)

27 Legislative Changes 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.

28 Research Sources Web Sites American Adoption Congress Support Legislative Changes Learn Your State Representative Post Office Box Washington, DC (202)

29 Finding Searchers on the Net States with Certified ISC Searchers: Arizona California Florida Idaho Illinois Montana New Mexico Ohio Oregon

30 Finding Searchers on the Net Countries with Certified ISC Searchers: Germany Austria Switzerland

31 Great Web Sites Cyndi s List --- Excellent state-by-state and county-by-county adoption resources Nancy Ashe --- Adoption Laws Tina s Adoption Site --- State Resources

32 Largest Original Adoptee Registry International Registry ISRR Registry Post Office Box 2312 Carson City, Nevada (702)

33 THE END Thanks For The Memories