Saturday, March 24, 2007

MASSACHUSETTS BLACKLISTS ADOPTED ADULTS



FOR IMMEDIATE RELEASE
_____________________________________________________________________________

March 23, 2007

MASSACHUSETTS BLACKLISTS ADOPTED ADULTS

If the legislature has its way, some Massachusetts adoptees may soon find
themselves on a state-established blacklist that bars them from accessing their
own original birth certificates because of the date of their birth. Other
adoptees, however, born, during the "correct" timeframes will be allowed access.

Blacklist Bills SB 63 and SB 77, passed unanimously on March 21, by the
Massachusetts Joint Committee on Children, Families, and Disabled Persons create
two categories of adoptees. Adoptees born on or before July 14, 1974 and on or
after January 1, 2008 will be allowed unconditional access to their original
birth certificates now sealed by the state. Adoptees born between those dates,
will continue to be governed by current Massachusetts adoption law and forced to get a court order to get their own birth certificates. If
they’re lucky.

Adoptees and their families should look their legislators in the eye and ask the
very important question: what makes one adoptee worthy and another one not? And
tell them SB 63 and SB 77 are not acceptable--for anybody.

SB 63 and SB 77 turn back the clock. While other states, including neighboring
New Hampshire, move forward to restore the right of all adopted persons to
access their own birth certificates and other state-held records about
themselves, Massachusetts lawmakers have decided to toss thousands of the
state's adoptees in a 34 year black hole. These politicians claim that the state
needs to "honor" promises it allegedly made to women who relinquished between
the black hole dates (including the rest of this year!) that their names would
not be revealed to their offspring. These "implied promises" have been debunked
by legal scholars, activists, natural mothers, and the documents themselves
which offer no promises implied or otherwise.

Bastard Nation: the Adoptee Rights Organization is the largest adoptee rights
group
in North America. We advocate for unconditional access to original birth
documents for ALL ADOPTED ADULTS. Bastard Nation vigorously opposes SB 63 and AB
77. We are outraged by the discriminatory actions of the Joint Committee.

Bastard Nation leaves no adoptees behind. Neither should Massachusetts.

Saturday, March 17, 2007

URGENT ACTION NEEDED IN MASSACHUSETTS

BASTARD NATION ACTION ALERT

THROW OUT SB 63, SB 77, and HB 2190

On March 21, 2007, the Massachusetts Joint Committee on Children, Families, and
Disabilities will hold a hearing on two new access bills, SB 63, sponsored by
Senator Karen Spilka, SB 77, sponsored by Senator Susan B. Fargo. A third bill,
HB 2190, is identical to the others and it may be heard on March 21st as well.

Please contact the committee members immediately (see Contact Information
below). Urge them to completely do away with this bill. VOTE NO. Don’t even
amend it - just throw it away! Neither bill is fixable with any amendments
because the very core of the bills is ROTTEN. These bills are dangerous to the
cause of unsealing original birth records all over North America.

The bills in a nutshell:

1) THE BLACK HOLE

The Black Hole is the provision in all three bills which PREVENTS ADOPTED ADULTS
BORN BETWEEN JULY 14, 1974 AND JANUARY 1, 2008, FROM RECEIVING THEIR ORIGINAL BIRTH
CERTIFICATES. All adoptees who fall into this Black Hole will
continue to be treated under Massachusetts’ old sealed records law. Those
adoptees born before 1974 or after 2007 may access their original birth
certificates.

34 years of adoptees will be discarded and thrown into this Black Hole.

2) THE IMPLIED PROMISE

Supporters of the bills contend that there was an “implied promise” of
confidentiality to birth mothers between 1974 and 2007 and that the state is
obligated to honor its “implied promise.”

We know there is no such thing as an “implied promise.” A promise either IS or
it IS NOT. An IMPLIED PROMISE is meaningless However, if these bills are
enacted, they will actually CREATE A CONFIDENTIALITY LAW where none exists
now.

Case law has shown that a legislature of 2007 is not entitled to invent the
legislative intent of a law from 1974. They can either identify the legislative
intent properly, or they can't.

These bills constitute a very dangerous precedent. They will damage chances of unsealing birth records all over North America.

Read the texts of bills at:
http://www.mass.gov/legis/bills/senate/185/st00/st00063.htm
http://www.mass.gov/legis/bills/senate/185/st00/st00077.htm
http://www.mass.gov/legis/bills/house/185/ht02pdf/ht02190.pdf

CONTACT INFORMATION

Voice 617-722-2011
Fax 617-722-2238

JOINT COMMITTEE ON CHILDREN, FAMILIES, AND DISABILITIES
Room 146
State House
Boston, MA 02133
Tel: (617) 722-2011
Fax: (617) 722-2338

RAPID CUT AND PASTE
SENATORS:
Karen.E.Spilka@state.ma.us,Thomas.McGee@state.ma.us,Steven.Baddour@state.ma.us,P
atricia.Jehlen@state.ma.us,Pamela.Resor@state.ma.us,Bruce.Tarr@state.ma.us

REPRESENTATIVES:
Rep.CherylCoakley-Rivera@Hou.State.MA.US, Rep.StephenLeDuc@hou.state.ma.us
Rep.CoryAtkins@hou.state.ma.us,cory@coryatkins.com,Rep.RobertNyman@hou.state.ma.
us,Rep.JamesEldridge@hou.state.ma.us,Rep.MaryGrant@hou.state.ma.us,Rep.TomSannic
andro@Hou.State.MA.US,Rep.JohnFernandes@Hou.State.MA.US,Rep.PamRichardson@Hou.St
ate.MA.US,Rep.JohnLepper@hou.state.ma.us, Rep.MaryRogeness@hou.state.ma.us


SENATORS:
Karen Spilka - Chair
Karen.E.Spilka@state.ma.us
Tel: (617) 722-1640
Fax: (617) 722-1077

Thomas McGee - Vice Chair
Thomas.McGee@state.ma.us
Tel: (617) 722-1350

Steven Baddour
Steven.Baddour@state.ma.us
Tel: (617) 722-1604

Patricia Jehlen
Patricia.Jehlen@state.ma.us
Tel: (617) 722-1578
Fax: (617) 722-1117

Pamela Resor
Pamela.Resor@state.ma.us
Tel: (617) 722-1120
Fax: (617) 722-1089

Bruce Tarr
Bruce.Tarr@state.ma.us
Tel: (617) 722-1600

REPRESENTATIVES
Cheryl Coaklely-Rivera - Chair
Rep.CherylCoakley-Rivera@Hou.State.MA.US
Tel: (617) 722-2011

Stephen LeDuc - Vice Chair
Rep.StephenLeDuc@hou.state.ma.us
Tel: (617) 722-2230
Fax: (617) 722-2846

Cory Atkins
Rep.CoryAtkins@hou.state.ma.us
cory@coryatkins.com
Tel: (617) 722-2013

Robert Nyman
Rep.RobertNyman@hou.state.ma.us
Tel: (617) 722-2020
Fax: (617) 722-2239

James Eldridge
Rep.JamesEldridge@hou.state.ma.us
Tel: (617) 722-2060

Mary Grant
Rep.MaryGrant@hou.state.ma.us
Tel: (617) 722-2014

Tom Sannicandro
Rep.TomSannicandro@Hou.State.MA.US
Tel: (617) 722-2090

John Fernandes
Rep.JohnFernandes@Hou.State.MA.US
Tel: (617) 722-2030

Pam Richardson
Rep.PamRichardson@Hou.State.MA.US
Tel: (617)722-2582

John Lepper
Rep.JohnLepper@hou.state.ma.us
Tel: (617) 722-2100 508-399-8985
Fax: (617) 722-2390

Mary Rogeness
Rep.MaryRogeness@hou.state.ma.us
Tel: (617) 722-2100
Fax: (617) 722-2390

Thursday, March 15, 2007

MINNESOTA: MISH-MOSH WITH DISCLOSURE VETO


Another disaster is going through the statehouse in Minnesota. Bill HF1445 is a
long, complicated and confusing bill purporting to allow some adopted adults to
have access to their original birth certificates. The bill contains a disclosure
veto and also sprinkles in other restrictions here and there as you read through
the bill. It also has a new surprise that this reporter has never seen before.

One section of the bill says that under certain circumstances the state must
notify all birth parents who have previously filled an affidavit of
nondisclosure that their adopted children are now requesting original birth
certificates. However, “notify,” in this particular bill, means personal
notification. The state must actually send out representatives to locate and
advise these birth mothers of their adopted childrens’ requests for original
birth certificates. The state has 6 months to fulfill this duty.

Bastard Nation vigorously opposes MN Bill HF1445.

NORTH CAROLINA - A TRUE OPEN ACCESS BILL

North Carolina is the state with the good bill. H445/S111 will allow all adopted
adults equal access to their original birth records, unconditionally and with no
falsifications. The bill also contains a contact preference form for birth
mothers that is similar to those in New Hampshire and Alabama. The contact
preference form will be kept with the original birth certificate but it will not prevent adoptees from receiving their records.

This bill is short, sweet and to the point. It’s not encumbered with any other
adoption issues that so often get thrown into access bills - issues that are
peripheral to unsealing records and that sometimes completely hamper the
unconditional access section.

H445 has been referred to the Committee on Judiciary. SB111 has been sent to the
Committee on Judiciary I (Civil).

The bill is sponsored by NCCAR, North Carolina Coalition for Adoption Reform.
Roberta MacDonald is Chair of NCCAR.

Bastard Nation offers its full support to North Carolina’s bill as written.

MASSACHUSETTS: BLACK HOLE TIMES THREE



Three new bills, three Black Holes. It boggles the mind. HB 2190, SB 63 and SB
77 were introduced in January and they appear to be almost identical. SB 63 is
sponsored by Sen. Karen Spilka and SB 77 by Sen. Susan B. Fargo, also left overs
from last year.

All three bills are a repeat of last year’s amended bill, SB 959 which was a
good bill that went bad in the Joint Judiciary Committee. Thankfully, it was
pocketed by Gov. Romney at the eleventh hour. . And now, they’ve gone and done
it again.

All three new bills actually contain the same Black Hole as last year’s model.
The Black Hole is the condition in the bill which prevents adopted adults born
between July 14, 1974 and January 1, 2008, from receiving their original birth
certificates. All adoptees who fall into this hole will continue to be treated under
Massachusetts’ old sealed records law. Those adoptees born before 1974 or after
2007 may access their original birth certificates.

Supporters of this bill contend that there was an “implied promise” of
confidentiality to birth mothers between 1974 and 2007 and that the state is
obligated to honor its “implied promise.”

A hearing is scheduled in the Senate by the Committee on Children, Families and
Persons with Disabilities for Wednesday, March 21, 207.

Bastard Nation vigorously opposes these 3 bills.


Wednesday, March 14, 2007

Black Hole in Massachusetts

A new access bill, HB 2190, has been filed in MASSACHUSETTS and it has the same insane “Black Hole” provision as last year’s bill. Adopted adults can request and receive their original birth certificates so long as they weren’t born between July 14, 1974 and January 1, 2008.

The rationalization for the black hole is that this bill acknowledges an “implied promise” of confidentiality made to some birth parents who relinquished during that time period.

Grannie Annie says:

An "implied" promise? How can a promise be implied? A promise either IS or it ISN'T. Period. Oh, such crap!