The examples and perspective in this article deal primarily with the United States and Canada and do not represent a worldwide view of the subject.(January 2023) |
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.
Many nations have granted adult adoptees unrestricted access to their original birth certificates. Mike Leigh's Oscar-nominated film Secrets & Lies (1996) revolves around a British woman who accesses her original birth certificate.
While Minnesota was the first state in 1917 to seal and make court adoption records unavailable to the public, [1] in 1935 California became the first state to seal and make an adoptee's original birth record unavailable except by court order. [2] This act, however, also required the sealing of the original birth record of a child who was born illegitimate but who was later legitimated by affidavit or court order. Sealing birth records after an adoption or legitimation was intended to protect the child from any stigma associated with being born illegitimate. It was also intended to prevent a birth parent from interfering later with the adoptive family. After World War II, the laws in most states were changed to permanently seal adoptees' original birth certificates to all parties, including the adoptee when an adult. While Kansas and Alaska seal an adoptee's original birth certificates after an adoption, the original birth record in these two states has always been available upon request once the adoptee reaches 18 years of age. [3] [4] Many states and provinces of the U.S. and Canada have restored the right of adult adopted people to obtain copies of their original birth certificates, though restrictions remain in a number of states even when partial restoration has been enacted by law. [5]
The history of sealed birth records in Canada mirrors that of the United States. It is complicated by the forced adoptions of Native American children. [6]
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 a healthcare professional such as a midwife or doctor.
Adoption in ancient Rome was primarily a legal procedure for transferring paternal power (potestas) to ensure succession in the male line within Roman patriarchal society. The Latin word adoptio refers broadly to "adoption", which was of two kinds: the transferral of potestas over a free person from one head of household to another; and adrogatio, when the adoptee had been acting sui iuris as a legal adult but assumed the status of unemancipated son for purposes of inheritance. Adoptio was a longstanding part of Roman family law pertaining to paternal responsibilities such as perpetuating the value of the family estate and ancestral rites (sacra), which were concerns of the Roman property-owning classes and cultural elite. During the Principate, adoption became a way to ensure imperial succession.
Bastard Nation is a North American adult adoptee political advocacy and support organization. It was founded in 1996 by denizens of the Usenet newsgroup alt.adoption Shea Grimm, Damsel Plum, Marley Greiner and Lainie Petersen. The original intent of the organization was to support adult adoptees in gaining access to their original birth certificates as a civil right, rather than as a vehicle for facilitating a search, which had been the aim of prior open records organizations. It is also distinguished from search-and-reconnection focused organizations in that it supports the full spectrum of the adult adoptee experience, including adoptees who do not wish to search and adoptees whose reconnections were a bad experience.
The international adoption of South Korean children started around 1953 as a measure to take care of the large number of mixed children that became orphaned during and after the Korean War. It quickly evolved to include orphaned Korean children. Religious organizations in the United States, Australia, and many Western European nations slowly developed the apparatus that sustained international adoption as a socially integrated system.
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 their 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.
More adoptions occur in California each year than any other state. There is domestic adoption, international adoption, step parent adoption and adult adoption.
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.
Interracial adoption refers to the act of placing a child of one racial or ethnic group with adoptive parents of another racial or ethnic group.
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:
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to codify and standardise the prevailing Hindu legal tradition. The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or parents, and in-laws.
Adoption in France is codified in the French Civil Code in two distinct forms: simple adoption and plenary adoption.
The following outline is provided as an overview of and topical guide to adoption:
Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other.
Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
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.
There have been several high-profile cases of deportation of Korean adoptees from the United States. Prior to the passage of the Child Citizenship Act of 2000, the adoptive parents of adoptees had to file for their child to naturalize before the age of 16. Many parents were unaware of this requirement, assuming that their adopted children automatically derived citizenship from them, and therefore did not apply. The Child Citizenship Act sought to remedy this issue by extending citizenship to all international adoptees who were under 18 at the time that the bill was passed, but did not apply retroactively. This left those adopted by American families prior to 1983 vulnerable to deportations.
Adoptee rights are the legal and social rights of adopted people relating to their adoption and identity. These rights frequently center on access to information which is kept sealed within closed adoptions, but also include issues relating to intercultural or international adoption, interracial adoption, and coercion of birthparents. Adoption reform efforts are often led by adoptee rights activists.