Updated
1:56 AM ET May 31, 2000
By AVIVA L. BRANDT, Associated Press Writer
PORTLAND, Ore. (AP) - Adoptees who have fought in court
for two years to see their birth records will have to
wait a little longer.
Blame the paperwork, not more legal squabbling.
The Oregon Health Division was expected to begin
processing adoptees' requests for their birth records
today.
"We are processing them in the order in which we
received them," said Mel Kohn, deputy state
epidemiologist. "We have at least a six-week delay
before people at the end of the list will be
processed."
Kohn said 2,272 requests already had been received by
Tuesday, when U.S. Supreme Court Justice Sandra Day
O'Connor rejected an emergency request to delay Oregon's
1998 adoption records law from going into effect.
The decision ended two years of court battles begun by
six women who argued the new law violates the privacy of
people like themselves who gave up their children for
adoption and started new lives.
Adoptees can find the application for their original
birth certificates on the Internet. Those who filed
applications early could have their certificates by next
week, Kohn said.
Birth mothers have some say in the process. They can
download from the Internet a "contact preference
form" that would be sent to adoptees along with
their birth certificates.
It gives birth mothers an opportunity to say whether they
want to be contacted, prefer only to be contacted through
an intermediary or whether they do not wish to be
contacted. If they choose the last option, they also must
file a detailed family medical history.
Thomas McDermott, a lawyer for the law's backers and the
adoptive father of a 16-year-old boy, was jubilant
Tuesday that his son and others would have the chance to
learn about their pasts.
"What I've seen with my son is that he really yearns
for a more complete picture of himself," he said.
"It's a basic human right to know your
heritage."
Frank Hunsaker, attorney for the six anonymous birth
mothers, was bitter about the removal of the last legal
roadblock.
"My clients are extremely disappointed and scared
and even angry that their rights have been ignored by
Oregon's voters and Oregon's courts," Hunsaker said.
He said giving adult adoptees access to their original
birth certificates violates an implied contract the birth
mothers thought they had - that their identities would be
protected and that they would never be contacted by the
children they relinquished.
In 1997, the U.S. Supreme Court refused to review a
similar open adoption records law from Tennessee,
although that law was passed by the Legislature, not by
the voters.
Tennessee and just three other states - Alaska, Delaware
and Kansas - allow adult adoptees access to original
birth certificates, which often have birth parents'
names. An adoption records bill in Alabama is awaiting
the governor's signature.
|