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Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.
A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth. Depending on the jurisdiction, a record of birth might or might not contain verification of the event by such as a midwife or doctor.
The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.
An adoption reunion registry is a formal mechanism where adoptees and their birth family members can be reunited. Registries may be free or charge fees, be facilitated by non-profit organizations, government agencies or private businesses.
Closed adoption is a process by which an infant is adopted by another family, and the record of the biological parent(s) is kept sealed. Often, the biological father is not recorded—even on the original birth certificate. An adoption of an older child who already knows his or her biological parent(s) cannot be made closed or secret. This used to be the most traditional and popular type of adoption, peaking in the decades of the post-World War II Baby Scoop Era. It still exists today, but it exists alongside the practice of open adoption. The sealed records effectively prevent the adoptee and the biological parents from finding, or even knowing anything about each other. However, the emergence of non-profit organizations and private companies to assist individuals with their sealed records has been effective in helping people who want to connect with biological relatives to do so.
Ann Cavoukian is the former Information and Privacy Commissioner for the Canadian province of Ontario. Her concept of privacy by design, which takes privacy into account throughout the system engineering process, was expanded on, as part of a joint Canadian-Dutch team, both before and during her tenure as commissioner of Ontario.
In the United States, adoption is the process of creating a legal parent-child relationship between a child and a parent who was not automatically recognized as the child's parent at birth.
Open adoption is a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. While open adoption is a relatively new phenomenon in the west, it has been a traditional practice in many Asian societies, especially in South Asia, for many centuries. In Hindu society, for example, it is relatively common for a childless couple to adopt the second or later son of the husband's brother when the childless couple has limited hope of producing their own child.
The Adoption Information Disclosure Act, formally An Act respecting the disclosure of information and records to adopted persons and birth parents, also known as Bill 183, is an Ontario (Canada) law regarding the disclosure of information between parties involved in adoptions.
The Canadian Council of Natural Mothers (CCNM) is a Canadian lobby group for the rights of women who have placed children for adoption, founded in 1999. It is opposed to most continuing adoption practices, arguing that adoption is traumatic for mothers and frequently does not benefit their children as currently practised. To support mothers, CCNM maintains an active email group which discusses issues which pertain to those who have experienced adoption loss and those who may be in reunion with lost family members. Members of the CCNM also at attend adoption related conferences, government meetings and meetings with social services agencies to educate people about the experiences of natural mothers and argue for improved policies, practices and rights of mothers and adopted people.
The Adoption Disclosure Register (ADR) is an adoption reunion registry operated by the government of Ontario, Canada. It implements the adoption disclosure provisions of the Child and Family Services Act.
Ballot Measure 58 was a citizen's initiative that was passed by the voters of the U.S. state of Oregon in the November 1998 General Election. The measure restored the right of adopted adults who were born in Oregon to access their original birth certificates. The measure passed with 609,268 votes in favor, 454,122 against. It was immediately challenged by several birth mothers who had put children up for adoption, which delayed instituting the measure for a year and a half.
Sealed birth records refers to the practice of sealing the original birth certificate upon adoption or legitimation, often making a copy of the record unavailable except by court order. Upon finalization of the adoption, the original birth certificate is sealed and replaced with an amended birth certificate declaring the adoptee to be the child of his or her adoptive parents, "as if" born to them. Many states, provinces and countries adopted this practice in the early to mid-20th century with the aim of protecting the adopted person from the shame of an illegitimate birth. Sealed or closed birth records are generally associated with closed adoption. Open records is generally referred to as the practice of opening original birth records to adult adoptees, and should not be confused with open adoption, which can occur with or without sealed records, depending on the laws of the state or province in which it is carried out.
Adoption disclosure refers to the official release of information relating to the legal adoption of a child. Throughout much of the 20th century, many Western countries had legislation intended to prevent adoptees and adoptive families from knowing the identities of birth parents and vice versa. After a decline in the social stigma surrounding adoption, many Western countries changed laws to allow for the release of formerly secret birth information, usually with limitations.
The Uniform Adoption Act (1994) is a model law proposed by the U.S. Uniform Law Commission. It attempts to "be a comprehensive and uniform state adoption code that:
- is consistent with relevant federal constitutional and statutory law
- delineates the legal requirements and consequences of different kinds of adoption
- promotes the integrity and finality of adoptions while discouraging "trafficking" in minors
- respects the choices made by the parties to an adoption about how much confidentiality or openness they prefer in their relations with each other, subject, however, to judicial protection of the adoptee's welfare
- promotes the interest of minor children in being raised by individuals who are committed to, and capable of, caring for them."
A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name. A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post.
The following outline is provided as an overview of and topical guide to adoption:
In a confidential birth, the mother provides her identity to authorities, but requires that her identity not be disclosed by the authorities. In many countries, confidential births have been legalized for centuries in order to prevent formerly frequent killings of newborn children, particularly outside of marriage.
Adoption in South Korea, specifically the low rates of domestic adoption in their history, has been a point of discussion for the country, causing new policies to be passed over the years. South Korea, at the conclusion of the Korean War in 1953, began to partake in transnational adoption. As these overseas adoptions increased over the next couple of decades, South Korea pushed to encourage fewer transnational adoptions and more domestic adoptions. The high number of children put up for adoption each year in South Korea can be attributed to a variety of factors: the lack of support for unwed mothers, as well as social stigma, contributed greatly to these numbers. Several organizations have been created to support unwed mothers and combat stigma. There has been changes to adoption policies throughout the decades as well. The Special Adoption Act was passed in 2011 with the intention of boosting domestic adoptions. However, the unexpected outcome of more abandoned children ensued following the amendment taking effect.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., is an Illinois statute that grants to all persons the right to copy and inspect public records in the state. The law applies to executive and legislative bodies of state government, units of local government, and other entities defined as "public bodies". All records related to governmental business are presumed to be open for inspection by the public, except for information specifically exempted from disclosure by law. The statute is modeled after the federal Freedom of Information Act and serves a similar purpose as freedom of information legislation in the other U.S. states.
References
- ↑ "Bill 12, Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008". Legislative Assembly of Ontario.
- ↑ "Search for adoption records | ontario.ca".
- ↑ Anderssen, Erin (May 28, 2009). "Opening adoption records in Ontario prompts few requests for secrecy". The Globe and Mail. Archived from the original on 20 June 2009. Retrieved 2009-05-29.