The Detroit Adoptee Manifesto

This is part of my original record of birth, showing my arrival in the world in Detroit, Michigan. It was then hidden from me for decades because I was born a bastard, who became an adoptee and thus denied equal treatment under the law by Michigan, its courts, and my adoption agency.

As the year 2017 comes to a close, millions of American adoptees are no closer to receiving equal treatment under U.S. laws than they were decades earlier. In 1975, the United Kingdom long moved on from this issue, giving all adoptees full access to their records once they turned 18. In fact, the issue of adoptee equal rights is not even a concern in many developed nations. Not so in the United States, the country with the greatest number of adoptees than any developed country in the world.

From a strategic perspective, most U.S. adoptees have not organized cohesively or embraced successful strategies that have altered this battlefield. This includes the all-critical inner battle of the mind that must occur first before any change and tactical advance occurs on the messy, fluid field of combat in the real world. I will focus mostly on this critical aspect of adoptee rights work in this essay, while also addressing the national scene.

Most of us know from our own experiences we can’t change the outer world without changing our inner world. I believe it is time to reset the chessboard and start anew, starting first with each individual adoptee. It is way past due for adoptees to show more backbone and grit, beginning in their own house.

The Dying Gaul, a celebrated sculpture of the defeated soul.

Project Strength, Not Vulnerability: Today, far too many adoptees celebrate a losing attitude, portraying themselves as “trauma victims.” They confess to being desperate, needy, unhappy adults who are incapable of mastering their emotions and managing inner conflict. While there is clear and strong public health evidence on long-term health impacts of early childhood and prenatal experiences, adoptee-led trauma branding ultimately undermines adoptee rights as a larger political cause. (I write this as an adoptee born as a near-low-birth-weight infant, who needed emergency hospital care during my first two weeks of life.) So long as adoptees identify themselves as defeated souls and do not project a public image as standard bearers of centuries-old struggles for basic human rights, they will never win anything and remain captives of their own cages. Unfortunately, those who embrace a weak public image will define adoptees’ public perception and the larger national story defining adoptees and their collective national experience. As long as this losing mentality prevails, all adoptees will be held back.

Frederick Douglas, from the Library of Congress collection.

Learn from the Masters and Apply that Wisdom: Many adoptees in the United States can sharpen their focus by reading any book of their choosing that motivates them to understand conflict and struggles. Take abolitionist Frederick Douglass, an escaped slave and anti-slavery crusader and author of several books on his slavery experience. Douglass learned as a young man in captivity that his freedom came first through mental defiance and firm resolve, not in his circumstance, which he later overcame. Douglass wrote: “Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.”

Any biography of any accomplished person will show they all had conflict and controlled their fate by first winning their internal battles. They mastered their thinking and then launched their external crusades—many more brutal and unfair than the minefield of adoptee discrimination and adoption law. For adoptees needing inspiration, I recommend the author Robert Greene, author of The 48 Laws of Power, Mastery, The 33 Strategies of War, and more. His treatise on war offers a cool, hard look at human conflict and offers wisdom demonstrated by historic greats from Sun Tzu to Napoleon Bonaparte to Muhammad Ali. He provides a set of ideas how to grab victory from whatever conflict and foes you face.

Here are a few of the concepts from Greene that I think adoptees should consider as they choose how they want to live their lives and then change the world around them.

Have a Grand Strategic Vision: Today, no grand vision unifies the adoptee rights movement—a situation that must be remedied. It is also a movement without a clearly defined national leader, unlike historic predecessors like the Southern Christian Leadership Conference, ACT UP, or the Human Rights Campaign. The closest concept unifying adoptee rights is the call by many for human rights and equal rights, recognized in statute, as those laws apply to persons who were placed for adoption. This includes giving all adoptees unfettered and full access to original birth records, without any exception. Many adoptees lack a personal vision too, preventing them from achieving individual success in their fight for their rights and records. This too must be changed, but by each individual adoptee, and in their own way. Only the individual has the power to make that change.

In the United States, adoption law is controlled at the state level. Here proponents of adoption and laws ensuring adoption secrecy, such as pro-adoption, anti-adoptee rights groups like the National Council for Adoption, have maximized a divide-and-conquer strategy that prevents adoptees from mounting a national campaign. Advocacy today focuses mostly on battles in state legislatures over bills to change adoptees’ access to birth records. These fights may bring in up to three or nearly four dozen local and national groups, including longtime groups like Bastard Nation, newer upstarts like the Adoptee Rights Law Center, and state-level groups like California Open. Most adoptees are not involved in these battles as they try to find their own records or families. However, all adoptees are connected to this national debate and need the same overarching strategic approach that is needed nationally.

Ultimately not having a clear end game and objectives will prevent many adoptees from engaging fully in what will be a protracted, long campaign. That can translate to lifelong failure. Greene’s synopsis of the critical role of grand strategy should be a wake up call to all adoptee rights advocates, including those who have to advocate for themselves: “What have distinguished all history’s grand strategists and can distinguish you, too, are specific, detailed, focused goals. Contemplate them day in and day out and imagine how it will feel to reach them and what reaching them will look like. By a psychological law peculiar to humans, clearly visualizing them this way will turn into a self-fulfilling prophecy.”

Abraham Lincoln suffered many defeats prior to becoming our nation’s greatest president, including the 1858 race for the U.S. Senate seat in Illinois against his more well-known rival Stephen Douglas. All great leaders have faced defeat and grown from those losses.

Learn from Defeat: Every person in life suffers setbacks. Adoptees who seek their records and identity, unlike nonadoptees, are beset by obstacles imposed by hostile public health bureaucracies, harmful propaganda from the massive pro-adoption and Christian pro-family industry, media stereotypes that frame adoptees as damaged goods or ungrateful bastards, family members, friends, and especially discriminatory laws rooted in historic prejudice against illegitimately born people. Every single defeat represents a learning opportunity if you have an open, flexible mind that can take these setbacks and inform your future efforts. As Greene notes, “Victory and defeat are what you make of them; it is how you deal with them that matters.”

Define your Opponents and Expose Them and Their Weaknesses: Greene’s 33 Strategies of War highlights countless historic examples how combatants overcome their enemies by attacking the weakest link in any chain. He calls this “hit them where it hurts.” Frequently this means exposing individuals who make decisions and holding them accountable to the public. Famous social activist Saul Alinsky, author of Rules for Radicals,” called this “picking the target.” “Don’t try to attack abstract corporations or bureaucracies,” he wrote. “Identify a responsible individual. Ignore attempts to shift or spread the blame.” For adoptee rights activists, this means putting a face on those who say “no,” rather than succumbing like sheep to the nameless bureaucrats who operate in secret and hide behind the façade of laws and “process.”

Glenn Copeland, state registrar of Michigan and the senior official who exceeded his legal authority denying me my birth certificate, in likely violation of state law. Adoptees need to identify the people who support outdated views of adoptees and closed records and who work to deny adoptees their legal and original birth documents.

In my case, I identified every Michigan official in the Michigan Department of Health and Human Services involved in trying to withhold my birth certificate illegally, such as State Registrar Glenn Copeland. I published their emails about my birth record petition on my websites, revealing how public officials discussed adoptees seeking records that should have been released decades earlier.

Some groups, like Bastard Nation, do call out by name all of the foes and friends of adoptee rights, which others should learn from.  My question to the larger adoptee community is this: Why aren’t all adoptee rights activists embracing one of the best tools of a free press, shining light on wrongdoing, to expose the harmful workings of public officials in their treatment of adoptees? This is a proven strategy and one rooted in the American free press tradition. It’s yours to use.

Become a Fighter, Not a Victim: Anyone who perceives himself or herself as crushed by circumstance will never muster the courage or vision to become an advocate or warrior for change, particularly against an old, large, and entrenched system like U.S. adoption. As Greene notes, “Control is an issue in all relationships. It is human nature to abhor feelings of helplessness and to strive for power. … Your task as a strategist is twofold: First, recognize the struggle for control in all aspects of life, and never be taken in by those who claim they are not interested in control.” Make no mistake, adoption secrecy is firmly rooted in states and their bureaucracies exerting power over a mostly unorganized group. Saying you are weak and projecting that image gives those in control greater power over you and all other adoptees. Remember Frederick Douglass’ admonishment that the “limits of tyrants are prescribed by the endurance of those whom they oppress.”

Joan of Arc, hero and savior of France, and one of the most inspirational leaders of history.

Therefore adoptees should see themselves as members of a powerful group, who have been forged through adversity and opposition, who are connected to historic heroes who fought for rights on behalf of those denied their rights. Nearly every great civilization has a story of those who have been wronged, but who changed the course of events by becoming the strong. In Scotland, the hero was Robert the Bruce, who defeated the English. In ancient Rome it was Spartacus and the revolting slaves, whose legacy survived millennia after their defeat. In the American South, it was the Civil Rights activists and the Southern Christian Leadership Conference led by Dr. Martin Luther King, who challenged the power of the Southern states and Jim Crow laws and won major legislative change nationwide with the passage of two landmark civil rights measures. Find the hero and movements that resonate with you and embrace their power.

Emanuel Leutze’s “Washington Crossing the Delaware.” from 1851. As a general, George Washington understood the importance of controlling the battlefield and grand strategy.

Define The Battlefield: In his summary of war strategies, Greene writes, “To have the power that only strategy can bring, you must be able to elevate yourself above the battlefield, to focus on your long-term objectives, to craft an entire campaign, to get out of the reactive mode that so many battles in life lock you into. Keeping your overall goals in mind, it becomes much easier to decide when to fight and when to walk away.” Today, much of U.S. adoptee rights advocacy is stuck in complicated, state-level legislative battles over often regressive state legislation. Most recently, state lawmakers in New York and Florida have introduced legislation that has consumed adoptee rights advocates. In Hawaii in 2016, adoptee rights champions did define the battlefield and reclaimed their rights by passing a law granting all adoptees who are adults over 18 access to their records. In other cases, like New Jersey, a law was signed in 2014 and implemented in 2016 that created a class of adoptees denied forever their human right to know their ancestry because of a so-called “veto.”

Missing in this tactical coverage is how the adoptee rights struggle should be told nationally, outside of the typical media obsession over adoption reunion stories (what some adoptees call “reunion porn”). That space has been seized in the post-World War II decades by the pro-life, Christian, and fundamentalist community who have forged a national story about adoption as a selfless act promoting god’s will and a system that shows the benevolence of loving adoptive families. Adoptee strategists will need to counter the adoption industry’s national story by focusing on adoptee rights as human rights and as something as American as the First Amendment. Some advocates are doing this. More needs to be done. Frontline adoptee activists need to fight off any pretender group that claims that space, such as the Donaldson Adoption Institute—an organization that has a clear record of not supporting this overarching goal. As Green states, “War demands the utmost in realism, seeing things as they are.”

Know Your Enemies: Greene correctly states that no one in history ever won anything without first identifying those who opposed them. “Life is endless battle and conflict, and you cannot fight effectively unless you identify your enemies,” writes Greene. This maxim applies to the struggle for adoptees. Bastard Nation did that well already, publishing a list of many dogged and well-financed foes of adoptee rights (“Know Thine Enemies”). In knowing who they face, adoptees are better able to find allies, collaborators, and even possible swing groups who may pivot if the messages of equality, human rights, and justice override the powerful and slippery propaganda of the well-funded, Christian-leaning, anti-abortion, and pro-adoption advocates like the National Council for Adoption.

Adoptee rights strategists must familiarize themselves with overt anti-adoptee rights groups and their methods to develop a winning strategy. Greene correctly summarizes what hundreds of other historic strategists who have made history have long noted: “Do not be naïve: with some enemies there can be no compromise, no middle ground.” For that reason, adoptee rights groups will face continued setbacks if they also fail to recognize false advocates (the “Benedict bastards”) and those who divide and conquer among adoptees themselves. Adoptees need to use this real politik litmus test for groups who lack a clear vision for full equality, like the Donaldson Adoption Institute, the American Adoption Conference (who sometimes peddle the “trauma narrative”), or the state-level charlatan groups who claim to support adoptee rights, but promote harmful laws that deny all equal rights.

Launch a Revolution of Thinking: As Greene notes, all people face battles, hourly and daily. “But the greatest battle of all is with yourself—your weakness, your emotions, your lack of resolution in seeing things through to the end,” writes Greene. “Instead of repressing your doubts and fears, you must face the down, do battle with them.” Above all, success comes after you remove distracting emotion from critical thinking. This is a tall task for any adoptee, who often and rightly feels outrage and injustice at being denied their original names, equal legal rights, medical history, and equality. What results is an explosive outrage. This feeling has frequently served as great motivator, and even a catalyst for historic change.

The greatest strategist of them all, Sun Tau, provides many strategies adoptees can embrace to first win the inner battle and then succeed against their adversaries.

To overcome your adversaries and the underlying legal injustice, you cannot afford the luxury of wallowing in your emotional state or turmoil when you map your long-term strategy for victory. You need to master your situation, turn your defeats into wisdom that inform your future actions, and embrace actions that achieve clear victories and not repeated losses. This can take years. You will get nowhere unless you define where your campaign will end and what you fight for. A campaign devoid of justice and focused on piecemeal objectives—the approach of some so-called adoptee rights advocates—is not a coherent, visionary strategy. It is a losing campaign before the battle begins.

Fighting a long game and knowing your actions are just and that laws are wrong can help carry you through the months and years of defeat. But ultimately winning the battle in one’s mind is your greatest key to victory. As the great Chinese strategist Sun-Tzu wrote nearly 2,500 years ago: “Victorious warriors win first and then go to war, while defeated warriors go to war first, and then seek to win.”

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A Guide to Michigan Adoptees Seeking Court Orders for Original Birth Certificates

By advocating for your rights, you reclaim your story, your name, your power, and your dignity.

For the past several years, fellow Michigan adoptees who were born after World War II have contacted me seeking help. They want what they are entitled to as a birthright and under core human rights principles of international law: their original birth certificates (OBCs), held in secret, by the state of Michigan.

The number of queries I received from adoptees increased in the last year, since I won a nearly three-decade-old contest with the state to give me my original birth certificate and published my story about that victory on my website.

Because of these requests, I am publishing a short guide that may help some of the thousands of fellow adoptees born in Michigan deprived of their equal rights by Michigan’s discriminatory and harmful adoption laws. To navigate this system, adoptees will need to deal with state courts and the Michigan Department of Health and Human Services (MDHHS). That agency overseas the state’s public health bureaucracy and has ultimate authority for adoptees’ official vital records—including their original birth documents.

This guide provides practical advice and logistical assistance. You also will need to review the FAQs I have published on my website for my forthcoming book on adoption. Also consult tips published by Bastard Nation’s Shea Grimm (dated but still relevant) on accessing your adoption records. This is not Michigan specific, however.

Click on this image to see adoptee rights lawyer Greg Luce’s illustration of the Michigan “donut hole” that denies thousands of Michigan adoptees access to their birth record. Image courtesy of Greg Luce, https://adopteerightslaw.com/.

Michigan Adoptees Born Between 1945 and 1980

This guide focuses on Michigan adoptees born between May 28, 1945 and September 12, 1980. I was born during this time. According to the state’s website, “For those adoptions that occurred between May 28, 1945 and September 12, 1980, the release of the original birth certificate is contingent upon a court order.” As an adoptee seeking your OBC, that means you are almost certainly going to court, and it will not be easy. More on that shortly.

This 35-year span defined by law was not an accident. These were the boom years for adoption, when single women who became pregnant were pressured by society and many powerful medical, social work, and religious groups to give up millions of infants through the late 1970s. Thus the law intentionally harms the biggest pool of adopted citizens from the state by restricting their right to know who they are and their family ancestry and medical history.

Getting a Court Order: An Uphill Slog through a Hostile Environment

Those born before May 28, 1945 or after September 12, 1980 still face legal barriers. Read this summary of state law, published on the Adoptee Rights Law Center website. Greg Luce, an adoptee rights advocate who runs this website, elegantly describes Michigan’s convoluted system this way: “Michigan has such a confusing and complex system that only lawyers or those invested in such a complicated bureaucratic framework could fully comprehend it. To seek an OBC in Michigan you must 1) apply through an agency or court, which 2) forwards a clearance request form to the state’s “central adoption registry,” which 3) searches the registry and then 3) returns a clearance reply form to the court or agency that 4) is used to inform the adoptee that 5) a birth parent has denied any release of information (and the OBC is therefore unavailable) or that 6) a birth parent agrees to the release of information, upon which 7) the adoptee may obtain a copy of the clearance reply form and may then 7) supply the clearance reply form to the state registrar, which 8) issues a non-certified copy of the original birth certificate to the adoptee. Oh, if you were born between 1945 and 1980, this whole mechanism doesn’t even apply to you. Like other donut hole states, if you fall into that hole you need a court order to get your OBC.”

Michigan’s Communications to Adoptees Seeking an OBC:

You can read a succinct summary of the process published by the Adoptee Rights Coalition. The state also provides a short summary, which does not address how to navigate court order requests for adoptions that occurred between May 28, 1945 and September 12, 1980.

Rudy Owens holds a copy of his original birth certificate (some info whited out intentionally). Michigan denied my human right to my birth record for 27 years. They failed. I did not.

Key Points for Michigan Adoptees to Consider Before Beginning Court Advocacy for OBCs:

1. Current laws in Michigan, and the way its laws and vital records systems function today, are intended to prevent most Michigan adoptees from getting their original birth documents—forever. Remember that always. I will say that again: Remember that always. The political and legal systems governing adoption laws cause real harm to adoptees and deny them their basic human rights. You must be realistic how this plays out statewide and nationally. The laws vary by state. You cannot afford ignorance of the system or the players who control it. You must educate yourself about this reality. Know your friends and especially your opponents in your effort to achieve equal rights and your OBC.

2. No one will help you who works for the MDHSS, the state’s public health agency that controls your birth records. You can ask them for help, but you will not get it. The agency has an adversarial relationship with adoptees. In fact, you must be prepared to fight them, even once you get your court order—if you get one. They may even attempt to delay the release of your original birth certificate once presented with a judge’s ruling. This happened to me. See my FAQs also.

3. The Michigan Central Adoption Registry is a mostly unaccountable bureaucracy of one employee (Connie Stevens; stevensc2@michigan.gov) with no regulatory oversight. Do not contact it. See Luce’s description above regarding its mandate. Its website states it “is accessed by the court or agency; individual adopted persons do not contact the Registry.” This office does not answer phone calls, but may return one. Expect no help, even if you deserve it and need it.

4. The media may not be sympathetic to you, unless you have some emotional and tear-jerking reunion story. Overall, the media has a tepid interest in adoptee rights and in the past has viewed them in a discriminatory way—sometimes portraying them as uppity bastards who are not thankful they were taken in by loving families, etc. See the adoptee rights group Bastard Nation’s essay on this harmful stereotype. You can try to enlist the media, but do not assume the media will be a natural ally in the court of public opinion. That said, you should engage them, and you may find an ally in their ranks. Always try, and try again.

5. Remember, this takes time. You must give yourself anywhere from three months and much longer. You need to file your paperwork, advocate and push a court to set up a date, have your court date, and then submit, hopefully, your court order to Michigan Vital Records for your original birth certificate (OBC). You are running a marathon, not an 800-meter race. Stay focused on the end goal, always.

6. Rely on yourself. This is a personal journey. Most of us will do it alone. Most of us are not wildly rich and cannot afford to hire people to do unpleasant and tedious advocacy work. I encourage you not to seek help from any so-called confidential intermediaries or social workers. (Please avoid a Michigan confidential intermediary named Darryl Royal–he is not a real adoptee rights advocate.) There are some true legal advocates out there who work on cases. I suggest contacting the Adoptee Rights Law Center for possible tips if you really have a strong case needing litigation.

Starting Your Court Order Request:

Adoptees in the donut hole years need to find the court of jurisdiction for adoption records requests. For Wayne County/Detroit, where I was born, it is the Family-Juvenile Division of the Third Judicial Circuit Court of Michigan. Its address and contact information is:
Third Judicial Circuit Court, Family Division
Attention: Post Adoptions
1025 E. Forest Avenue
Detroit, MI 48207-1098
Tel: (313) 224-5261; direct line: (313) 833-0032

Circuit courts likely have jurisdiction for issuing court orders for an adoptee. Find your court of jurisdiction here. This may be the hardest detail to figure out. The Third Judicial Circuit Court covers anyone born in Detroit, and adoptees there number in the thousands because that was home to Crittenton General Hospital, one of the nation’s largest maternity hospitals that facilitated adoptions for more than 30 years.

Download or request the instructions from the court in your jurisdiction, or contact that court for additional information. The instructions from the Family-Juvenile Division of the Third Judicial Circuit Court of Michigan are found online. Make a copy for your records.

Here are the instructions for Wayne County adoptees seeking to set up a court date and to petition a judge. Before you send your request in, make a copy of everything. Send your request certified mail. Make a cover letter listing everything you are sending and be courteous and professional. Show the court and judge that you are a professional and have your case in order. Show them you know the law and your rights.

You will need to send the following:

  • A $20 filing fee (as of 2016)
  • A copy of your photo identification
  • A copy of your adoptive birth certificate.
  • A completed Release of Information Authorization Adult Adoptee (Form FIA 1920). Include in the comments area on this form that you are requesting your original birth certificate (it’s a short box that says “additional comments”—make your pitch about your rights to your record).
  • A completed Request by Adult Adoptee for Identifying Information (Form FIA 1925).
  • A Form PCA 327 Petition For Adoption Information and Order (note, this is not listed in required forms, and this was added as a last-minute requirement before my court date—so it won’t hurt to do it now).
  • If the birth certificate you are requesting is for a deceased, direct descendant, proof of the relationship and death are required (ie: death certificate, birth certificate, etc.).
  • Also, the above forms should be completed with the information regarding the adoptee.
  • Provide a written statement, no longer than a page, making your case why you deserve your birth record. This is your story, so only you can write it. Note, this is not required, but STRONGLY encouraged.

Please visit this page to review the FAQs for court order requests and hearings. I also published a copy of this article on the website for my forthcoming book on the American adoption experience, You Don’t Know How Lucky You Are. Find that article here.

Does bias influence how publications choose to tell stories about adoptees and adoption history?

This historic photo of a Crittenton mission from the late 1950s or 1960s shows how expecting mothers who stayed at Crittenton homes and hospitals were given maternal health instructions. Almost all of those mothers gave up their infants, for adoption at the encouragement of doctors, social workers, and staff at Crittenton and other maternity homes in the decades after World War II. (Photo courtesy of the National Crittenton Foundation.)

This week I was informed by a Michigan historical publication that its editorial committee rejected my proposed article on the historical significance of my birthplace, Crittenton General Hospital. “While the committee appreciates the article you submitted, it unfortunately does not meet our magazine’s editorial needs and we will be unable to accept it for publication,” the editor wrote.

This means that an article I proposed to tell the story of thousands of single Michigan mothers who gave up their children for adoption in the decades after World War II in Detroit will not reach a wider audience in Michigan. For that, I am disappointed.

I respectfully asked for feedback how I did not meet their needs, and did not get a reply. I do not expect a response, and to date have not received one.

[Author’s update, 9/15/2017, 1:05 p.m.: Hours after publishing this article, I received a reply from the publication I had contacted that its editorial committee thought my article was a “personal opinion piece,” which they do not accept in their publications. That reply arrived only after I had provided the publication a courtesy email to let them know I had published this article.]

No publication is obligated to tell any writer why they are rejected. Rejection is the norm in the world of writing and publishing. It also inspires good writers.

However, this outcome, which I have experienced when reaching out to many different publications to engage them on the history and problems in the U.S. adoption system, likely has other issues beyond my storytelling abilities or even the merits of the stories I am trying to tell.

The outcome falls into a trend of editorial bias by people who likely do not recognize how their decisions about covering the story of the U.S. adoption system and its history are influenced by their own subconscious views. My forthcoming book on the U.S. adoption experience investigates how bias influences individuals’ and society’s views about illegitimately born people (bastards like me), including adoptees. I also have published an essay on that topic on my blog.

Is it Bad Writing/Research, Bias, or a ‘Suspect’ Writer/Researcher?

Source: Pannucci, Christopher J., and Edwin G. Wilkins. “Identifying and Avoiding Bias in Research.” Plastic and reconstructive surgery 126.2 (2010): 619–625. PMC. Web. 15 Sept. 2017.

The larger issue of research bias is well documented in human-subjects research. That field boasts a staggering list of biases that impact the research outcomes, before, during, and after clinical trials. It also is a well-documented issue in communications.

The open-source scientific publication PLoS noted in a 2009 editorial, “A large and growing literature details the many ways by which research and the subsequent published record can be inappropriately influenced, including publication bias, outcome reporting bias, financial and non-financial, competing interests, sponsors’ control of study data and publication, and restrictions on access to data and materials. But it can be difficult for an editor, reading a submitted manuscript, to disentangle these many influences and to understand whether the work ultimately represents valid science.”

When a writer or researcher is rejected, they have almost no chance of persuading a potential publisher to chance its views. If you push your case, you also are further discounted as too “attached” or “engaged.”

In the world of investigative journalism, you are even considered dangerous, and your own publications may turn against you if you fail to accept outcomes that can squash controversial stories. This is a common experience to anyone who has mattered in the world of journalism.

Author and investigative journalist Seymour Hersh, courtesy of Wikipedia.

The celebrated investigative journalist Seymour Hersh wrote in 1993 that telling stories that some people do not want to read but should be told is often a thankless, even dangerous task.

“Reporters write a story once, and then there’s no response and they stop,” says Hersh. “Somehow the object [is] to keep on pushing. The problem is, what do you do when you make yourself a pain in the ass and you become suspect? Because as everybody knows, for some mysterious reasons, if you have a point of view in a newspaper room you are suspect. Or if you’re a true believer you’re dangerous, you’re political. That’s really crazy. Because it seems to me the only good stories that come out of anything come from people who have a passion about right and wrong, and good and bad. It’s a terrible tragedy. It’s very tough.”

I always turn to Hersh’s quote that I jotted down when I first became a journalist, when I need to remember that telling important stories, including ones that challenge orthodoxy and prejudice, will never be an easy road to travel. That is why I wrote my book about the American adoption experience, knowing it would not be an easy story to tell or to sell.

But anything that matters, really and truly matters, requires overcoming such obstacles. That is how you find personal meaning and how you make positive and meaningful change that may take years to achieve.

(Author’s note: This essay also can also be found on my You Don’t Know How Lucky You Are website, where I provide information, essays, and resources on adoptee rights, adoption, evolutionary biology, adoption law, and other issues covered in my forthcoming memoir on the American adoption experience. Please visit that site to learn more about adoptee rights and research.)

Adoptee Rights Advocates Must Critically View Any Group Lacking ‘Street Cred’

The Donaldson Adoption Institute’s new campaign has a hashtag and tagline, but is it really about reform?

This article is a response to a recent newsletter flash I received from the adoption research and advocacy group called the Donaldson Adoption Institute (DAI). The organization has suddenly proclaimed a bold new advocacy position and campaign on adoptee rights as a “human rights” issue.

I will make three key points about this new effort and how adoptees, the media, policy-makers, and supporters of adoptee rights should cautiously view this and all other efforts by groups who claim to promote legal rights for adopted persons, illegitimately born people, and people who call themselves bastards:

  • The institute’s new campaign seeking to become the champion of “human rights” for adoptees seeking their birth records must be viewed critically given the group’s track record and the way it is linked to the promotion of what some adoptees and reporters like Dan Rather call the “adoption industry.”
  • Authentic advocacy and scholarship on adoptee rights or any issue involves “walking the talk” and having what ordinary folks call “street cred.” For example, Florence Fisher, and the group she lead in the 1970s called the Adoptees’ Liberty Movement Association (ALMA), showed that when ALMA took a clear stand for adoptees by calling for the “free access to our original birth certificates and the records of our adoption” and went to court in New York in 1977 with a federal class action lawsuit, claiming adoptees had rights under the U.S. Constitution’s 13th and 14th amendments to their original birth records. They lost but their actions spoke volumes. You have to demonstrate what you believe through meaningful action, not fluffy words of cute social media memes.
  • My work in my upcoming book on my adoption experience and how U.S. adoption should be understood through a public health lens gives full credit to insightful writers and advocates, like Lauren Sabina Kneisly, who clearly define the real power systems involved in adoption and the political realities of being an adoptee and bastard. Real advocates and credible scholars acknowledge their sources and forebears. Those who only seek influence or power in any field will try to co-opt the work of real reformers.

Why I am Troubled by Donaldson Adoption Institute’s Co-opting of Adoptee Claims to Human Rights

My forthcoming memoir and critical look at U.S. adoption, called You Don’t Know How Lucky You are, presents a public health and human rights perspective on adoption and how it denies human rights and legal rights to U.S. adoptees in most U.S. states. Visit: http://www.howluckyuare.com.

My forthcoming memoir on the U.S. adoption experience makes clear I will not and do not appropriate or claim ownership of many breakthrough actions and ideas in the long struggle of adoptees to have equal rights of non-adopted people in the United States.

I praise and quote scholars like professors E. Wayne Carp and Elizabeth Samuels, who have documented how adoptees’ and birth parents’ legal access to original birth records was severely restricted by state legislatures and public health bureaucracies in the decades after World War II. (Also see my post on the topic of discrimination against adoptees.)

To ensure accuracy and authenticity with my readers, I give each and every parent, writer, activist, scholar, organization, and leader full credit for their contributions to changing current practices and thinking. I do that to acknowledge who has meaningfully contributed to our understanding of adoption as a political, health, public health, historic, sociological, biological, and advocacy issue.

I also seek to steer policy-makers, adoptees, and the media to credible and relevant data to correctly frame adoption as a human rights, public health, and legal issue. That is also called responsible scholarship and “walking the talk” in the advocacy arena.

Donaldson Adoption Institute’s Status on Adoptee Rights

One group I continue to have trouble with concerning legal advocacy is the Donaldson Adoption Institute (DAI). The New York-based group has published research by scholars on adoption. I cite some of their work in my book. I appreciate how they cited the health issues associated with denying adoptees their family history and a 2016 study on public perceptions of adoptees and adoption. I like that the group supports openness in adoption, but I am very troubled by this concept in the context of their work that appears to support adoption without changing laws or formally acknowledging past wrongs.

However, I do not endorse their work to date as being clear, mission-driven advocacy that seeks to address historic discrimination against adoptees or work that seeks to change laws to promote equality for all adoptees by giving every single living adoptee full and unfettered access to their records–as done in most developed nations.

I say this despite the group’s sudden new commitment under a questionable logo: “50 States. 1 Movement. Restore Adoptee Rights!” The group announced this publicly on May 17, 2017, through an email “special communication.”

The DAI has a new image for its social media campaign to restore adoptee rights–a great idea, but are they committed to this mission based on their goals and actions?

I have yet to find in the institute’s work or website if the group acknowledges how other countries (England, Scotland, France, Germany, Denmark, Iceland, Norway, Sweden, Finland, Israel, Netherlands, Australia, New Zealand, and Norway) have clear national laws that establish all adoptees’ legal right to their birth records or that the group suggests a policy solution proposal endorsing such an approach. (Please let me know if I missed something.)

The group’s diverse interests include topics like “promoting healthy identity formation in adoption,” transnational and biracial adoption issues, adoption by gay parents, and even counseling issues. While I find some of this work worthwhile for some groups, particularly transnational and bi-racial adoptees and their families, I am unconvinced still by what I see right now that the DAI can or ever will be a leader in fighting for real adoptee civil rights.

The group as recently as mid-2016 was working on another campaign (“transacton to transformation“), also with a catchy social media title, that urged changing adoption “to a more uniform and transformational process where everyone—expectant parents, first/birth parents, adopted persons and adoptive families and professionals—are better prepared and supported.”  This in no way resembles a campaign focussed on ending discrimination against adoptees or challenging the real power structures who promote those views and profit by them. In many ways, this campaign is a contradiction to its newest effort that seemingly appropriates the concept of adoptee rights as “human rights.”

Grading Those Who Work in Adoptee Advocacy

This is a graphic with a summary of data published by Musings of the Lame, whose publisher, Claudia Corrigan D’Arcy, has published numerous articles on the business of adoption and its global reach.

The DAI claims its board has “adoption professionals, academics, adopted people, adoptive parents, first/birth parents, business leaders and other people concerned about adoption.” For any adoptee, the word “adoption professional” should be a hot red flag, because it includes perspectives of the multi-billion-dollar and global adoption industry and professions like social work, which still teaches adoption as a form of possible pathology.

Any group that seeks to sustain this industry should not be a leader in promoting meaningful change. Actual change can be seen in the Australian adoption reconciliation efforts, where the national government formally apologized in 2013 to all birth mothers and adoptees for causing harm. The DAI does not recognize in a formal way this historic action as a solution—yet another red flag for me.

The DAI’s mission statement—not even clearly called out on its website—is also muddled and does not clearly state its top goal is a lasting legal remedy and equality for adoptees by law: “The Donaldson Adoption Institute’s mission is to provide leadership that improves laws, policies and practices—through sound research, education and advocacy—in order to better the lives of everyone touched by adoption.” That is not a mission to change laws or change how adoption is understood as a political system, now sustained and promoted by the Republican Party, evangelical Christians, and groups that profit from adoption as a business.

Now the DAI calls for a national campaign—not coincidentally one it states that it wants to lead. Its announcement tries to claim the mantle of unnamed reformers from the 1970s. Key advocates in legal reform from that era such as Florence Fisher did not entangle themselves in the “business of adoption.” Quite simply, the DAI lacks street cred to lead as measured by its own actions and deeds.

Because of this, I strongly suggest that all adoptees and advocates for adoption hit the pause button and determine for themselves if they wish to do the group’s online survey, now organized to support this effort. This appears to be a power grab on advocacy in the often petty and often frustrating world of advocacy among a mostly powerless group—adoptees.

Who Is “Entitled” to Claim Leadership on Adoptee Legal Rights?

Suddenly, the DAI is using the overarching policy goal of the adoptee advocacy group Bastard Nation, whose mission statement boldly calls for “the civil and human rights of adult citizens who were adopted as children.” For the record, I am not a member of any adoptee advocacy group, and I do not know anyone in Bastard Nation in person.

The DAI now claims: “The tangible negative consequences of denying adopted people their OBC are numerous and sobering. Yet the most severe outcome rests in the fact that a fundamental human right is being denied to an entire group of people.”

What’s more, the DAI has suddenly made statements and language never used before regarding the laws that deny adoptees equal treatment under the law and their birth records. “This is a human rights violation that creates inequality for an entire group of people,” the group writes. “Everyone should have the right to know the truth of his or her birth.”

The New York Times covered the findings of the investigation of the horrific conditions that killed nearly four in five relinquished infants in Baltimore, in 1914. It was abuses against illegitimately born infants that led to national reforms to protect these infants and promote adoption standards that would prevent abuses and end the trafficking of humans.

This is great language, but I am deeply worried such views are not sustainable by a group that is so deeply embedded in a system where groups can make $30,000 or more promoting adoption. The sale of babies to adoption farms that lead to horrific infant death outcomes of bastard babies in the early 1900s in Baltimore is a warning of the dangers of turning infants into sellable commodities. Adoptee rights advocates should distance themselves entirely from anyone associated with this practice for historic and policy reasons alone, not to mention moral concerns.

My Communications with the Donaldson Adoption Institute

Bastard Nation is an adoptee advocacy group with a clear mission statement to support the human rights of adoptees and support their legal rights to original birth records.

I am more troubled that the DAI is using language by groups like Bastard Nation and others. I also am confused that the group’s language strangely resembles legal arguments I shared with them in February and March 2016 by email. I wrote to the group then to ask them to define their advocacy views on the concept of adoptees’ rights to their records as a legal issue and as a human right, similar to how it is enshrined in the U.N. Declaration of Human Rights.

The organization wrote me back saying, “DAI believes that an adopted persons right to access their original birth certificate is fundamentally a civil and human rights issue.” However, the DAI did not make its messaging pivot until this new campaign was launched this week. (Please see my summary of my email exchanges with the DAI and the passages of my work I published on my book website in December 2016 and policy blog in January 2016.)

(Author’s Note: My goal as I write this post is to forward this post to the DAI and ask if they wish to issue any rebuttal commentary as the form of a response on my blog, which I will publish in the spirit of promoting a vigorous public discussion of adoptee and legal rights issues.)

As of today, May 20, 2017, the DAI has not credited any group or scholar in its new campaign to become the lead group. This is not required, but its failure to acknowledge by name the groups and persons who have laid out the data and legal case for a human rights campaign for adoptees should be a red flag to all persons who believe the United States should have an identical national law like England granting all adoptees full rights to their birth records at the age of 18.

My Indebtedness to Adoptee Advocates and Words of Wisdom on Adoptee Rights Advocacy

Lauren Sabina Kneisly’s web site promoting legal rights for adoptees and should be bookmarked by anyone who cares about civil rights and equal rights.

In writing my book on the American Adoption experience, I encountered several leaders for adoptee rights who shared nearly identical views with me on the complex perspectives of the institution of adoption, the discriminatory treatment of adoptees and bastards, and the failure of current so-called advocacy groups to provide meaningful leadership to frame adoption as a legal and human rights issue that harms adoptees.

One fellow adoptee and writer I feel most aligned to is Lauren Sabina Kneisly. Her blog, Baby Love Child, appears to be on hiatus, but it provides a superb primer on how to decipher messaging on adoptee rights advocacy.

Her blog does not endorse any group, but acknowledges the work of groups like Bastard Nation.

Kneisly wisely urges adoptees and their supporters to be mindful of the words used by groups and advocates. In other words, don’t fall for astroturfing or greenwashing, which co-opt the words, emotions, and ideas of real reformers by those who seek to profit from the status quo and who may actually not want change at all.

Usually the proof is in both the words and also the deeds, and greenwashing can be very slick. If it’s good, and it often is by such sales personnel, your emotions will be exploited without your conscious awareness.

Therefore, consider Kneisly’s recommendation for judging street cred and moral legitimacy for adoptee advocacy groups. She suggests these criteria:

  • Do they understand their status as part of a broader class of people and refuse to leave others behind?
  • Do they have a clear and single-minded focus on the real goal—equity for adoptees?
  • Do they reject substitutions, distractions, or attempts to divide and conquer that maintain state control and deflect from the goal of equality?
  • Do they identify who holds real power and what their conflicts of interest are?
  • Do they only settle for full equality for all those denied access in an inequitable manner?

Remember, as with all things in the real-world of politics and advocacy, trust your gut and disregard any marketing promise that sounds too good to be true, because it often isn’t.

Finally, if you want an example of clearly stated goals towards a policy objective, visit the Adoptee Law Center, maintained by lawyer, adoptee, and activist Gregory Luce of Minnesota. I think he is doing great work to change the national discussion with facts, provide timely and accurate information, and support adoptee rights as a human right.

If you know of a group you like, send me a note. I would love to hear from you and share that on my website for my new book.

Discrimination against adoptees rooted in fears of illegitimacy

(Note: To learn more about my forthcoming memoir and study of adoption in the United states, visit the You Don’t Know How Lucky You Are website. © 2017, Rudy Owens. All rights reserved. )

Rudy Owens, as a young child, and later someone denied equal treatment under the law because of my status as both an adoptee and someone born
Rudy Owens (the author), as a young child, and later someone denied equal treatment under the law because of his status as both an adoptee and someone born “illegitimately.”

One of the issues seldom if never discussed in the long-simmering debate over adoptees’ legal right to their original birth records is how deeply prejudice harms millions of adopted persons.

Discrimination can be seen in how adoptees seeking their birthright to know themselves and obtain copies of their original birth records are treated. By law, they are not considered equal to others in the majority of U.S. states. Many who enforce outdated state laws treat adoptees dismissively—even as threats. (See copies of emails written by senior Michigan public health officials how they responded fearfully to my request for my original birth certificate, as just one example.)

This prejudice is older yet also connected to the historic stereotyping of them by mental health professionals, who for decades described adoptees searching for records as mentally ill and classified this in their handbook on psychiatric disorders. Through the 1980s, the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders identified the problem it labeled “identity disorder,” which consisted of “severe subjective distress regarding inability to integrate aspects of the self into a relatively coherent and acceptable sense of self.”

As adoption historian E. Wayne Carp writes, “No adopted person in the 1970s had imagined that asking the question ‘Who am I?’ would end up classified as an official psychiatric disorder.”[1]

This should not be a surprise, given how illegitimately born people have been treated, globally and throughout history. Denying this history in the larger policy discussion of discrimination of adoptees is to deny the role that bias and stereotypes play in our thinking and deeds. We know bias can be found in countless behaviors: those done personally and those made professionally.

There is no reason to think one of the greatest and most universal forms of stigmatization, against so-called “illegitimately” born people, who include most U.S. adoptees, would not persist and be masked and even not noticed by those who discriminate. This includes the actions of lawmakers who passed laws for decades discriminating against adoptees, of the media who stereotype adoptees, and of those who interpret and enforce these Jim Crow-style laws that treat adoptees as persons with lesser rights.

How Stereotyping Works Against Adoptees

Researchers in many fields—law, criminal justice, history, neuroscience, psychology, sociology, anthropology—have long investigated prejudice and how humans practice it. Researchers have even begun looking how prejudice works at the neurological level. Researcher David Amodio notes, “Although they are distinguishable by content and process, prejudices and stereotypes often operate in combination to influence social behaviour [sic]. Moreover, both forms of bias can operate implicitly, such that they may be activated and influence judgements [sic] and behaviours [sic] without conscious awareness.”[2]

Today, adoptees remain victims of systemic legal discrimination in seeking equal treatment under the law by requesting their original birth records. There is no credible evidence anywhere that the overwhelming majority of adoptees seek anything more than to be reunited with their kin in seeking their original records.[3]

However, defenders of closed records have made repeated and unsubstantiated claims from the 1940s onward that adoptees or birth mothers might wish to exact revenge or extortion. Adult adoptees seeking their records have been denounced by opposing attorneys and adoptive parents, who claimed the information could be used by the adoptee to “find and murder” biological parents or that granting a records request was the equivalent of giving away a “hunting license.”[4]

David Kirschner's imaginary diagnosis that stigmatized adoptees can still be found in publications, despite being discredted as a fabrication nearly three decades earlier.
David Kirschner’s imaginary diagnosis that stigmatized adoptees can still be found in publications, despite being discredited as a fabrication nearly three decades earlier.

The lingering urban legend that may have influenced lawmakers and those charged with managing adoption records from the 1980s onward was the so-called “Adopted Child Syndrome.” Some unethical lawyers used this controversial defense in several murder trials in the 1980s. These lawyers tried to show that adoptees accused of killing their parents suffered from a mental health issue called Multiple Personality Disorder. According to the argument fabricated by psychologist David Kirschner, the Adopted Child Syndrome could prove adoptees encounter more psychological problems in their childhood and adolescence unique to being adopted. The manifestations were promiscuity, lying, stealing, substance abuse, and more, all showing a “toxic potential of adoption.”[5]

The theory argues adoptees acted out of “extreme disassociation.” Though this entirely fictional and discredited theory attracted national attention from the tabloids, he later revealed he prepared the concept for a trial at which he testified in 1986. He admitted he had not done proper research and the sensational theory was in fact a product of his imagination.[6] Yet, the damage had been done and fed the old stereotypes many clung to.

Adoptees and Bastards Are the Victims, not Perpetrators, of Harm

This stereotype is one I personally encountered when I tried to access my records and later interviewed one of the managers whose office managed those records for the Wayne County Probate Court. In reality, it was illegitimate children and their mothers who were the victims, not perpetrators, of crimes and the ones who paid the price for societal attitudes, including with their lives. This is substantiated solidly in population health records, which provide actual data on health and mortality outcomes.

As a modern social institution, adoption laws only date to the 19th century in the United States. Labeling illegitimate children as society threats and bogeymen, however, far precedes the U.S. adoption system and the laws that govern it. Societies over time have addressed these fears, often brutally and lethally for the unlucky illegitimate. Normally, the “bastards” have been ostracized, but also outright killed not very long ago.

The United States inherited European and English legal traditions, which prescribed clear rules how infants would be classified as legitimate in the eyes of society and illegitimate. Roman law, canon law of the Catholic Church, and English law all adhered to the rule that only children born legitimately inside of approved marriages were deemed legitimate. Those who were conceived outside of wedlock were not. While there have been changes to parts of family law that cover how children are legitimized, the basic principle behind legitimation is still mostly unchanged.[7]

the-outcast-painting-in-royal-academy-of-arts-london-1851
The Outcast, by Richard Redgrave, 1851, Royal Academy of the Arts, London, documents the treatment of bastardy and birth mothers in England in the 1800s.

From a purely sociological perspective in human societies, the appearance of children has to be prevented for whom no adult male, permanently allied to the mother, can be held responsible as the father. This is required in order to safeguard the future of any given society.[8] This societal need is both ubiquitous and historic. This idea is at the heart of anthropologist Bronislaw Malinowski’s Principal of Legitimacy, which proposes “no child can be brought into the world without a man, and one man assuming the role of sociological father.” That man serving that role does not necessarily have to be biological, but must provide a link between the child and the community.[9]

Malinowski first published this idea in 1930. Others who have studied the issue since note that illegitimacy is a category that will be found at every point in the past of every society, as well as in all present societies. Many have since challenged this idea, pointing to high levels of out-of-marriage births in parts of the Caribbean and, since the late 1970s, the United States. That said, the idea of legitimacy prevails, even though it is not adopted in practice.[10] Overall, illegitimacy is and always has been regarded as a negative—the breach of an established rule, never considered an outcome of an approved sexual or child and reproductive behavior.[11]

Bastards and illegitimate children have always faced societal scorn, and they paid severe and deadly consequences for it. Today, a likely contributing factor to poor health outcomes for adoptees is societal stigma, and its multivariate impacts on unmarried mothers and their illegitimate kids. Despite the political correctness of the term adoptee, the underlying truth known to everyone, from the adoptive parents to the adopted children to society at large, is that adoptees are bastards. Adoptees more than any other person alive today know this fact. It is a fact I always knew, and so did nearly everyone around me, including peers my age. Today, such children still bear the stigma as being born illegitimately, despite the high prevalence of children born outside of marriage that has made their status ubiquitous.

Population Records Show High Mortality and Poor Health for Bastards and Illegitimate Children

bastard-examination1
William Hogarth depicts bastardy examinations (1729), in which justices enquired how a woman about to give birth to a bastard child had fallen pregnant. Legally a woman who knew herself to be likely to bear a bastard child had to present herself for examination, but in practice this only occasionally happened, and many examinations occurred after the birth. Bastardy examinations tried to discover the identity of the father, in order to force him to provide a bond to defray the parish against the costs of maintaining the child, many who were cared for in workhouses depicted in brutal form by Charles Dickens in Oliver twist. Courtesy of London lives, found at: https://www.londonlives.org/static/EP.jsp.

Historically, illegitimate infants in recent history have been among most vulnerable population groups, documented in birth and mortality records. In fact, the historical study of illegitimacy, or bastardy as many demographic historians call it, is among the best documented of any topics in history because the research has relied on mostly reliable demographic data, such as baptism and death records, in Europe from the 1500s on, as well as in pre-20th century America.

Cambridge historian Peter Laslett, who contributed to an exhaustive study of the topic in 1980, notes that illegitimacy has been viewed in many cultures for centuries as “pathological.” The mothers who gave birth to bastards were perceived as “victimized, disordered, even mentally abnormal.”[12] The numbers from these old data sets from across Europe and early America from the 1500 on paint often horrific outcomes for birth mothers. Outcomes could be worse for the infants who died at rates that suggest infanticide in many instances.

oliver-twist-cover
Charles Dickens’ Oliver Twist portrayed the harsh lives of “foundlings” (abandoned bastard infants), left to cruel fates in England’s workhouses.

In the 18th and 19th centuries in the United Kingdom, infants who were born out-of-wedlock were about twice as likely to have died before reaching their first year of life compared to their peers born in sanctioned marriage. Poor and unmarried pregnant women frequently took refuge in the country’s notorious workhouse, which housed and fed the poor and forced them to do often-brutal labor, captured in the writings of Charles Dickens’ Oliver Twist. Many of the children confined to them faced early deaths. In 1760, four in five infants born in workhouses or left there by their birth mothers died before reaching their first birthday.

A picture for the sheer lethality of being born as a bastard emerges from the records collected in the middle England market city of Branbury, between 1561 and 1838. The number of bastard children with baptism and burial records made up 18 percent of all recorded persons—a high number. However, the rates of infant deaths were at best catastrophic for those unlucky to being born a bastard. Records show that 70 percent of all of these bastards born during these 277 years died before reaching the age of 1. Only 21 percent lived to the age of 1, and just 5 percent reached the age of 5. A mere 1 percent of bastards made it to the age of 30.[13]

Other findings of higher infant mortality can be traced in the records of births and deaths of infants over the last 100 and more years in Europe. Jenny Teichman, author of Illegitimacy: An Examination of Bastardy, reports “there is a persistent and significant difference between infant mortality rates of legitimate and illegitimate children.” Her study found that mortality ranges for the two groups ranged from 50 to 150 percent higher for both English and Norwegian illegitimate infants, looking at national records between 1914 and 1973 at four different points in time. Teichman notes even at English public hospitals through the 1960s, doctors and nursing staff “refused anesthetics to unmarried women in childbirth ‘to them a lesson.’”[14]

A bastard’s prospects in the English colonies in North America were not much greater than those born in Europe. Infanticide likely became a common practice in the United States in the 1700s. Virtually every colony in North America passed legislation that declared, unless witnesses would swear to seeing a childbirth, the mother of a dead infant would be presumed guilty of murder.[15] Things did not improve, even through the end of the 1800s. Nearly a century later in the early 1970s, infant mortality in the United States was 73 percent higher for children of unmarried mothers then their peers from families with married parents.[16]

The findings also are not unique to the Western world. One seminal study on the sociology of illegitimacy published in 1975 found that as of the mid-1960s, in every nation globally that tracked child health data, fetal and infant mortality were higher for illegitimate than legitimate children.[17]

While the penalty for illegitimacy as measured in infant mortality rates did fall in the last century, data from the first years of the 21st century shows illegitimate infants in England and Wales are still 30 percent more likely to die before their first birthday than legitimate infants.[18] Remarkably, evidence shows children reported as illegitimate but registered to both parents living at the same address are still 17 percent more likely to die in infancy.[19]

Today excess infant mortality tied to illegitimacy remains a legitimate health concern. Multiple risk factors contribute to the outcome. Single parents have less disposable income. They likely have worse housing. A single parent likely works full-time. Children likely are weaned off health breast milk earlier. The stigma of illegitimacy and societal scorn directed unfairly to unmarried mothers might reduce their ability to keep their children healthy. Unmarried women may also have come poor social positions, and thus be more vulnerable to having a child out-of-wedlock.

The Murder of Relinquished Infants in the United States, A Little-Known Crime

The New York Times covered the findings of the investigation of the horrific conditions that killed nearly four in five relinquished infants in Baltimore, in 1914.
The New York Times covered the findings of the investigation of the horrific conditions that killed nearly four in five relinquished infants in Baltimore, in 1914.

In the early 1900s, before reformers from groups like the Child Welfare League of America and other benevolent groups intervened, illegitimate babies were boarded and trafficked at so-called baby farms in the United States. One highly publicized 1914 report called the Traffic in Babies, by Dr. George Walker, reported on virtual charnel houses for unwanted, abandoned, and illegitimate children. These reportedly operated to “save” the single women from the disgrace of being unmarried mothers. The description by Walker is noteworthy because of his focus on maternal and child health practices that are unquestioned today. He also described how poor public health practices for abandoned babies served as the functional equivalent of homicide.

“Day after day, month after month, they received healthy, plump infants into their wards and watch them hour after hour go down to death,” wrote Walker. “They know that practically all of those that immediately after birth are separated from their mothers will die; yet year after year they keep up their nefarious, murderous traffic. We do not attempt in this study to settle the many complex problems relating to the illegitimate; but we believe that the facts show that society’s method in many instances is one of repression and virtual murder. This is a hard word, we grant, and we would fain substitute a gentler term; but, after all is said and done, that which we have recorded is virtual murder, and slow and cowardly murder at that. It would be bar more humane to kill these babies by striking them on the head with a hammer than to place them in institutions where four-fifths of them succumb within a few weeks to the effects of malnutrition or infectious diseases.”[20]

Even with the mortality rate of relinquished, out-of-wedlock children as high as 80 percent, this fact did not curb the practice of punishing the children born out-of-wedlock by professionals and religious leaders. Some doctors, nurses, midwives, clergymen, and hospital administrators actively referred the disgraced mothers who had sex out of marriage and became pregnant to these lethal, for-profit baby shops.[21] Some hospitals even took a cut from the baby trade that ferried bastard babies to their likely deaths. Walker’s summary notes hospitals had different methods of disposing of unwanted babies permanently: “There is an old woman, called ‘Mother—’, who carries the babies from the hospital to this institution; she gets $5 for this service. At another hospital, the nurses have charge of separating the infant from its mother; they make all the business arrangements; receive the money, and send the baby to Institution No. 1 by an old black woman, who carries it in a basket.”[22]

History of Bias Against Adoptees Not Acknowledged by Adoption System

These acts all occurred a mere five decades before my birth, as someone born illegitimately and as a bastard. They demonstrate how powerful stigmas against bastard-born children were in recent memory—strong enough to create a system that ensured bastard infants’ likely death in institutional care. Adoption, as a cause championed by Progressive reformers from 1910 through 1930 was a solution that offered a way to eliminate the stigma, mortality risks, and lifelong barriers posed by illegitimacy.

Today, most states still deny adoptees full equal rights and partially and outright restrict them from knowing their past by denying them their original birth records. If one polled any state public health office where these discriminatory laws are practiced on a daily basis, I would wager the staff would never admit their behavior and treatment of adoptees seeking those records is connected to these deeper underlying fears and biases.

My decades of experience and the dark but carefully documented record of human behavior to everyone who is not “legitimate” show me that I must accept that prejudice is still hardwired into how adoptees are treated and will be treated into the future. Like it or not, adoptees will forever be bastards and illegitimate children. Everyone knows that when someone says they are adopted.

An adoptee’s taboo status helps to reinforce biases they face and will continue to face from the record keepers. Those so-called public health professionals and adoption bureaucrats will fall back on these old tropes, frequently unknowingly, and fail to serve adoptees’ interests in states that discriminate against those seeking their birth records. The best remedy remains strong laws that ultimately open all birth records to adult adoptees, similar to national laws in many countries, including England.

Other suggested readings on bastardy in an English historical context:

  • Black, John. “Who Were the Putative Fathers of Illegitimate Children in London, 1740-1810?.” In Levene, Alysa; Williams, Samantha; and Nutt, Thomas, eds, Illegitimacy in Britain, 1700-1920. Basingstoke, 2005.
  • Black, John. “Illegitimacy, Sexual Relations and Location in Metropolitan London, 1735-85.” In Hitchcock, Tim and Shore, Heather, eds, The Streets of London: from the Great Fire to the Great Stink. 2003.
  • Snell, Keith D. M. Parish and Belonging: Community, Identity, and Welfare in England and Wales, 1700-1950. Cambridge, 2006.

Footnotes:

[1] E. Wayne Carp, Jean Paton and the Struggle to Reform American Adoption (Ann Arbor: University of Michigan Press. February 2014), 290.

[2] David M. Amodio, “The Neuroscience of Prejudice and Stereotyping,” Nature Reviews Neuroscience, 15(10) (2011), 670.

[3] Elizabeth J. Samuels, “The Idea of Adoption: An Inquiry into the History of Adult Adoptee Access to Birth Records,” Rutgers Law Review 53 (2001), 367.

[4] Samuels, 411.

[5] Ellen Herman, Kinship by Design: A History of Adoption in the Modern United States (Chicago: Chicago University Press, 2008), 282.

[6] E. Wayne Carp, Family Matters: Secrecy and Disclosure in the History of Adoption (Cambridge, MA and London: Harvard University Press, 1998), 188.

[7] Jenny Teichman, Illegitimacy: An Examination of Bastardy (Ithaca: Cornell University Press, 1982), 28.

[8] Peter Laslett, “Introduction: Comparing Illegitimacy Over Time and Between Cultures,” in Bastardy and Its Comparative History, ed. Peter Laslett, Karla Oosterveen, and Richard M. Smith, (Cambridge: Harvard University Press, 1980), 5.

[9] Teichman, Illegitimacy, 89.

[10] Shirley Foster Hartley, Illegitimacy (Berkeley : University of California Press, 1975), 5.

[11] Laslett, Bastardy, 5.

[12] Laslett, Bastardy, 2.

[13] Susan Stewart, “Bastardy and the Family Reconstitution Studies of Banbury and Hartland,” in Bastardy and Its Comparative History, ed. Peter Laslett, Karla Oosterveen, and Richard M. Smith (Cambridge: Harvard University Press, 1980), 127.

[14] Teichman, Illegitimacy, 105.

[15] Robert V. Wells, “Illegitimacy and Bridal Pregnancy in Colonial America,” in Bastardy and Its Comparative History, ed. Peter Laslett, Karla Oosterveen, and Richard M. Smith (Cambridge: Harvard University Press, 1980), 360.

[16] Hartley, Illegitimacy, 8.

[17] Hartley, Illegitimacy, 8.

[18] Reid Alice, Davies Ros, Garrett Eilidh, Blaikie Andrew, “Vulnerability Among Illegitimate Children in Nineteenth Century Scotland,” Annales de démographie historique 1, no. 111 (2006), 89.

[19]  Alice, Ros, Eilidh, Andrew, “Vulnerability Among Illegitimate Children in Nineteenth Century Scotland,” 90.

[20] George Walker, The Traffic In Babies: an Analysis of the Conditions Discovered During an Investigation Conducted In the Year 1914 (Baltimore: The Norman, Remington Co., 1918), 3.

[21] Barbara Melosh, Strangers and Kin: The American Way of Adoption (Cambridge, MA and London: Harvard University Press, 2002), 19.

[22] Walker, The Traffic In Babies, 16.

You were surprised by Trump’s con job? Seriously?

President Elect Donald J. Trump
President Elect Donald J. Trump and his famous hat.

Everyone must stop saying they are “stunned” and “shocked.” What you mean to say is that you were in a bubble and weren’t paying attention to your fellow Americans and their despair. YEARS of being neglected by both parties, the anger and the need for revenge against the system only grew. Along came a TV star they liked whose plan was to destroy both parties and tell them all “You’re fired!” Trump’s victory is no surprise. He was never a joke. Treating him as one only strengthened him. He is both a creature and a creation of the media and the media will never own that.

Michael Moore’s Facebook Post, Nov. 9, 2016

A lie is an allurement, a fabrication, that can be embellished into a fantasy. … Truth is cold, sober fact, not so comfortable to absorb. A lie is more palatable. … I found it far more interesting and profitable to romance than to tell the truth.

Joseph Weil, aka “The Yellow Kid” (Professional Con Artist), Robert Greene, 48 Laws of Power

To those who expressed shock and awe the day after GOP presidential candidate Donald J. Trump won the Electoral College but not the popular vote on Nov. 8, 2016, I say, what freaking country have you been living in for the last 25 years?

If you were born any time before 1980, exactly what forms of dystopian thinking had overwhelmed your senses as you observed events unfold in your country and home town–year … after year … after year?

The outcome that brought smiles in the Kremlin and so wildly alarmed the much of the world, America’s progressive coalition, and the Democratic establishment was paved decades ago by the Republican Party and its supporters.

The GOP has unabashedly and shamelessly advanced a far-right agenda that makes the United States an extreme outlier in nearly every category compared to “advanced democracies.” And now the Democratic and progressive establishment say they are shocked by the election? Are you kidding me?

So, am I outraged that Trump lost the popular vote and was still elected? Absolutely. Shocked? Hell no, and not even remotely.

The GOP Establishment Primed the Nation for Trump

Adolph Hitler, one of history's most infamous demagogues
Adolph Hitler is one of history’s most infamous demagogues and the dictator who seduced Germany as he turned it into a totalitarian state that organized mass murder and global war.

Rather than an aberration, Trump was a pre-ordained messiah who walked through the giant blast hole the GOP created in our democracy over the last three decades. He also proved to be an adept and capable con artist, clever enough to employ all of the proven stratagems used by dictators throughout history, in nearly every civilization.

Anyone who has read anything about history or who has read writer Robert Greene’s 48 Laws of Power, could recognize how Trump mastered the trade craft of power in the purest Machiavellian sense. But the real-estate mogul and reality TV star also exploited an exceedingly well-fertilized landscape, plowed for a generation by his GOP predecessors and moistened by the flood of unregulated money in American politics.

Trump’s performance as a titillating, transcendent messenger was similar to demagogues of the last century. He offered racial and economic salvation, while restoring “law and order,” deporting millions of non-citizens, building a wall with Mexico, and giving hate speech wide latitude to an increasingly agitated and well-armed white and right political base.

Even the right-wing publication The Weekly Standard—a foe of Trump—predicted Trump’s meteoric success perfectly in an August 2015 article, by Jim Swift. Swift described prophetically how Trump was using all the 48 tactics of past strong men of history: “Law 27 — Play on People’s Need to Believe to Create a Cultlike Following: As Greene writes: ‘People have an overwhelming desire to believe in something. Become the focal point of such desire by offering them a cause, a new faith to follow.’ How about ‘Make America Great Again?’”

Sadly, I correctly predicted the outcome myself in the spring of 2016, when I bet a good friend a beer that Trump would defeat his likely rival, Democrat Hillary Clinton. (I have yet to drink that beer, and it will be the worst brew of my life.)

I knew he would win the “shocker” by the time he had won the South Carolina primary, where he repudiated the military legacy of the last GOP president, George W. Bush, and called the Iraq war a failure without any political consequences among evangelicals or traditional conservative voters. Here was a new creature who defied the rules–a characteristic of successful demagogues in history.

Rep. Tim Ryan (D-Youngstown) of Ohio’s industrial heartland, who is now challenging House Minority Leader Nancy Pelosi (D-San Francisco) for her job and pledging to reconnect with disaffected blue collar white voters, also predicted a dire outcome a month before the election. Ryan warned union members to not fall for Trump’s song and dance. “He will gut you, and he will walk over your cold dead body, and he won’t even flinch,” Ryan told a crowd of union members in Ohio in October 2016. “He’ll climb over your cold dead body and get on his helicopter.” And many of them did not listen.

Other wise people who saw this coming were filmmaker Michael Moore and commentator Van Jones—because it was so bloody obvious. They too were ignored.

In two key policy areas—guns, health care—Trump mostly used tested messages. Those soundbites and their political outcomes were already extreme before Trump became what Moore called a “human Molotov cocktail.” However, he was unexpected in several key ways.

Trump broke from the GOP orthodoxy on jobs and trade. He saw an opportunity to resonate with the disaffected working class in the industrial Midwest. He also proved to be a far better salesman than anyone in the GOP establishment. Lastly, he had a keener understanding of psychology than most of the highly respected, well-paid, and powerful individuals of the Democratic and Republican parties and the broadcast media, most of whom professed not to see the Trump tsunami coming.

Walmart is the largest commercial retailer of guns in the United States, including semi-automatic rifles commonly used now in mass shootings.
Wal-Mart is the largest commercial retailer of guns in the United States, including semi-automatic rifles commonly used now in mass shootings.

Trump and Guns, Nothing New

Consider the domestic militarization of the United States since the early 1990s. GOP members of Congress and in state legislatures have worked lock step with the National Rifle Association since the passage of the The Brady Handgun Violence Prevention Act in 1993.

Mores Guns Than PeopleAmerica now has a virtually unregulated market of guns and semi-automatic weapons that are now considered inalienable rights of the majority of Republican-voting and mostly white Americans. There are now more guns than people in these United States of America. This powerful segment of the American electorate had turned their fringe ideas into mainstream GOP policy long before they voted for Trump.

These armed citizens who form the rank and file of a well-armed citizenry for years have muzzled lawmakers who might otherwise approve gun measures that put modest restrictions on the sale of weapons that kill about 33,000 Americans a year. During the campaign candidate Trump implicitly threatened to call these Americans into action against his Democratic opponent: “By the way, and if she gets the pick—if she gets the pick of her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I dunno.”

Trump merely echoed the GOP lines that had become accepted public discourse since the Columbine mass shooting in 1999. He was able to say it publicly without much rebuke because it was already normal to threaten gun violence against elected officials, putting them in “cross-hairs.” Immediately after the election, the NRA unsurprisingly announced an even more radical agenda it has been pushing, to allow concealed handgun permits to be accepted in every state and to legalize silencers—yes, silencers.

Trump’s Health Care Vision Advances the Decades-Long Agenda of the Republican Establishment

The GOP has fought doggedly for more than six decades to prevent the United States from adopting a national health care system or even insurance plan. As a result, the country is the most expensive and least efficient health provider at the population level among most developed nations.

The Affordable Care Act that squeaked through under President Barack Obama’s slim majority in Congress in 2009 was not true health reform—it was mostly an expansion of health insurance to nearly 50 million uninsured Americans—50 million!—and a first step to change the broken health insurance market. It was never meant to be the start of a national health system, like Canada’s or France’s.

OECD Health SpendingBut this mattered little to the nearly half of the American electorate in November, many who were lower-income and who supported a billionaire who boasted of not paying U.S. income taxes. Trump knew that. He knew facts did not matter, the same way the GOP was able to defend the monopolistic and dysfunctional health system for years while health insurance middlemen were gobbling up the nation’s economic resources. Trump simply reflected all that was said repeatedly before, like a mirror.

Throughout the campaign, Trump pledged to dismantle the act and remove more than 20 million Americans from having even lousy coverage. However, the GOP in Congress voted to repeal it more than 60 times by February 2016 and tried to shut down the government in 2013 to protest legislation promoting health insurance for all Americans. Trump repeated common political discourse that never wandered into real facts.

Jobs and Manufacturing—Who Needs Facts?

What about Trump’s promise to “make America great again,” and bring back those shuttered factories in depressed Midwest towns and coal production in Appalachia. Here is where Trump broke ranks with the GOP, seeing his golden opportunity. Trump had been paying attention. He and Democratic presidential candidate Sen. Bernie Sanders of Vermont were sharply aware of millions of lost manufacturing jobs and closed factories and mills since well before 1994. The establishment of both parties were not.

For the last 20 years, America has seen its manufacturing base shrink while factory jobs fled across the border to our NAFTA partners, Canada and Mexico, or overseas to China and Asia. FiveThirtyEight reports the United States “has lost more than 4.5 million manufacturing jobs since NAFTA took effect in 1994.”

Not many care what happened to Midwest cities over the last two decades in Washington, DC.
Who really cares about ailing Midwest industrial cities in the post-NAFTA era? Many there thought no one did and just swung an election to a billionaire who had nothing in common with those who live there.

That pain is visible in nearly every crumbling Midwestern city, which have repeatedly been ignored and long deemed unworthy of saving. No one, not even the Democrats, really cares about the devastated community that is now Detroit, except Detroiters, even though candidates Trump and Clinton both used it as their prop to talk about their vision for the economy. For that matter, few in Washington and less in the GOP really have cared about Youngstown, St. Louis, Akron, Cleveland, Toledo, Flint, or other industrial cities that slid into oblivion since the passage of NAFTA. The GOP, until the Trump tornado, had promoted outsourcing and trade policies that sped up the loss of manufacturing.

While Both Clinton and Trump campaigned for votes in Detroit and Michigan, as well as Ohio, Wisconsin, and Pennsylvania, Trump’s message about feeling the overwhelmingly visible dislocation seen everywhere in the Midwest resonated. The angry, white, dislocated Midwest blue-collar worker became a larger than life meta symbol of the Trump constituency and the key voting bloc that gave him victory.

Flint native and left-leaning independent filmmaker Michael Moore predicted the vote outcome in every single Midwestern state and national election perfectly three weeks before the election in his must-see film Michael Moore in Trumpland.

moore-screen-snapshotAlways the savvy cultural observer, Moore described why those angry and almost all white voters would revolt and go for Trump on election day: “On November 8, you Joe Blow, Steve Blow, Bob Blow, Billy Blow, all the Blows get to go and blow up the whole goddamn system because it’s your right! Trump’s election is going to be the biggest ‘fuck you’ ever recorded in human history. And it will feel good. For a day. Eh, maybe a week, possibly a month.” Then, a few months later, they would realize they were conned, and, as he said, “It will be too late to do anything about it.” Because Moore is a Joe Blow himself, he and more importantly his insights were ignored or sidelined by the pundits and the Democratic National Committee, who had been missing the warning signs that had been festering all election, but really for the decades before.

Reality Sets in, and the Threats to American Democracy Are Real

Now that the election is over, we are all beginning to see the likely devastating outcomes. Hate crime activity is rising. White nationalists, the Klan, neo-Nazis, and others feel legitimized to speak openly of promoting fascist and extremist views.

hitler-and-hindenberg
Adolph Hitler with President Paul von Hindenburg of the Weimar Republic, after the 1932 election that saw the Nazis win more seats to the Reichstag than any other party, but not a majority of the posts. Two years after the election, Hindenburg would die in office, ushering in the dictatorship of Chancellor Hitler, who took power first through the ballot box.

Public officials who support Trump are even now actively talking of creating a national registry for Muslims and frankly discussing the policy of Japanese American internment camps from the 1940s. These are all echoes of Germany, after Adolf Hitler and the National Socialist German Workers’ Party, or Nazi Party. It won less than a full majority of seats in the German Reichstag in 1932, and the party under Hitler and his circle managed to turn Germany into a totalitarian state that murdered at least 11 million in camps, on top of tens of other millions killed in war.

Between Nov. 9 and 14 alone, the Southern Poverty Law Center collected 437 reports of hateful intimidation and harassment. Many cases involved references to the Trump campaign or its slogans. Many had taken place at schools, where bullies and racists are feeling emboldened by the new openness in hate discourse.

I remain profoundly worried what will happen to my nation and its most vulnerable members. Many challenges lie ahead. But I completely agree with Moore’s top two action items he laid down the day after Americans woke up in a bed the GOP had been making for decades. For my part, I will, as Moore argues, support that take over of the Democratic Party and its return to the people. They have, as Moore wrote so clearly, “failed us miserably.”

It will be up to the party itself to see if it takes action on item No. 2 on Moore’s list—so far, they have not. If you have not read that list, here it that item: “Fire all pundits, predictors, pollsters and anyone else in the media who had a narrative they wouldn’t let go of and refused to listen to or acknowledge what was really going on. Those same bloviators will now tell us we must ‘heal the divide’ and ‘come together.’ They will pull more hooey like that out of their ass in the days to come. Turn them off.”

And what is next? Many from President Barack Obama down to the thousands of street protesters after the election see the next four years as a real fight for democracy that is now very, very much in peril. The GOP has never had more power in state capitals and Congress. A true charismatic demagogue just took power, without winning a popular vote, the way it happened in Germany in 1932. The fight has begun, and it will be bitter and costly. The stakes have never been higher since the country successfully came together and helped defeat the Axis Powers in World War II. But the fight will be for the soul and future of the country. History will judge how successful we are.

Getting what has always been mine–my original birth certificate

Rudy Owens holds a copy of his original birth certificate (some info whited out intentionally). Michigan denied my human right to my birth record for 27 years. They failed. I did not.
Rudy Owens holds a copy of his original birth certificate (some info whited out intentionally). Michigan denied me my human right to my original birth record for 27 years. They failed. I did not.

There are few documents in life that have as much magical power and significance as an original birth certificate. They are perhaps more talismanic for adoptees in the United State because most adopted adults born after the 1950s were prohibited by law from ever getting their original identity documents. I was one among millions of them.*

As an adoptee born in Michigan before the 1970s, I came into the world at a time when single mothers were shamed and bastard infants posed a moral hazard and strange, undefined threat to society. I was placed for adoption and had my human right to my original identity document taken from me. Denying me my record was more than a solitary injustice. It was a daily reminder of the inequity into which I established an identity cut off from my ancestral human past

The intention by state lawmakers in Michigan and around the country from the 1950s on was to ensure I and millions of other adoptees in nearly every state never knew who we were. The unstated but intended goal was to keep that document hidden forever from me until the day I died. This was a complete 180-degree policy turn from practices that allowed adoptees and their birth mothers to have access to records up to the early 1950s.**

The hiding of original birth records was essential to one of the grandest and least publicized social experiments in recent history—modern U.S. adoption that placed strangers with new families by the hundreds of thousands. The plan failed in many ways for the many people impacted by the practice. In her testimony in 1993 against restrictive measures in Colorado to limit adoptees’ rights to their records, adoptee right activist and pioneer Jean Paton said, “When the records were put under seal, it was an experiment in Utopia. It was a destructive error, and should be remedied by a sweeping cure … .” That cure has still never come, and persons like myself and thousands of others of Michiganders in the decades surrounding my birth are denied equal rights to their birth records, simply by the status and year of their birth, according to state law.

It’s all about ‘power’

On July 18, 2016, decades after first being denied what should have been given to me in 1989 by the State of Michigan and its public health bureaucracy, I received the original record of my birth as a person who came into this world. It is a sheet of paper with a name connected to biological families, a lineage, and a larger human story of kin and family networks over time. I was not a state secret. Nor was I ever a blank slate, to be “reborn” as many evangelical adoption activists falsely believe, as an unnamed person with a new name and an amended certificate. I was who I always was. By asking for what was already mine, I never demanded anything more than what any U.S. citizen asks for: equality under the law.

The state still claims this one sheet of paper literally must be kept secret in a locked box or file, withheld from me because of a “law.” The state asserted its paternalistic power without ever showing any peer-reviewed evidence, policy rationale, or demonstrated benefit how the state or my birth mother and family are helped by actions that represent an extreme interpretation of some very outdated and harmful laws.

When I attempted to interview State Registrar Glenn Copeland on July 22, 2016, his employer, the Michigan Department of Health and Human Services (MDHHS) refused to allow him or anyone else to speak to me about the department’s management of adoptees’ birth records and requests by adoptees to get their original documents. MDHHS press officer Jennifer Eisner issued a statement on July 27, 2016 defending the state’s position: “It our responsibility to carefully adhere to any and all laws of the state of Michigan. Michigan law includes specific provisions on the sealing of birth certificates in certain circumstances, such as following an adoption. … The vital records office is required to adhere to the law regarding the release of original records.” In short, this was the talking point shared with me on March 22, 2016, by Deputy State Registrar Tamara Weaver, who called me on the phone to share a simple message after I asked for my record: “The law is the law.”

The defense offered by the state has been and remains so flimsy and so removed from best practices, it is impossible not to conclude that Michigan discriminated against me as an adoptee, soley to preserve a perk of power. It needed to single me out to demonstrate that the state can ultimately and arbitrarily exercise its power over even law-abiding persons.

Ultimately, the state asserted its power without demonstrating compassion, leadership, or basic common sense. And it had those chances in spades. Granted this is not the moral equivalent of physical harm that many persons around the world experience daily from tyrannical and abusive governments. But the State of Michigan’s actions follow the logic used by all governments who chose to deny rights simply because they can—one of the most consistent expressions of how government works for itself and not “its subjects.”

This is part of my original record of birth, which the state of Michigan considered a top secret document that had to be kept from me at all cost for decades, even after I knew my birth name and birth families.
This is part of my original record of birth, which the state of Michigan considered a top secret document that had to be kept from me at all cost for decades, even after I knew my birth name and birth families.

What makes a birth certificate ‘different’

A birth certificate is the most important legal document for any American and every person born anywhere in the world. According to public health researchers Putu Duff, Santi Kusumaningrum, and Lindsay Stark, “birth registration is the first legal recognition of a child and a fundamental human right,” under the United Nations Convention on the Rights of the Child. In the United States, a government-created registration document proves you are entitled to the benefits and privileges—and responsibilities—of being a United States citizen.

One cannot obtain the most critical documents to navigate modern life without this sheet of paper: getting a U.S. passport, obtaining the standing legal identity document in the United States—the driver’s license, applying for a Social Security card, or enrolling as a child in school. One literally cannot live a modern life, including opening bank accounts, voting now in many U.S. states, accessing benefits, obtaining a job, and accessing all forms of education throughout one’s life without the cornerstone proof of legal existence that a birth certificate provides.

A birth certificate is the most crucial identity document, which allows one to get critical other documents such as a passport
A birth certificate is the most crucial identity document, which allows one to get critical other documents such as a passport, but also financial documents, Social Security numbers, and much more.

On a much broader level, as outlined by the United Nations, a birth certificate fulfills a basic human necessity. Without a certificate, anywhere in the world, a child can be denied basic human rights. They cannot get jobs, open bank accounts, obtain credit or inheritances, participate in social benefits, or be involved in political and civil affairs.

How Michigan denies adoptees their human right to a birth certificate

Before I found my birth families in 1989, the MDHHS, my adoption agency (Lutheran Child and Family Services), and the Wayne County Probate Court did everything in their power to keep me from knowing my birth family, critical family medical history, and identity.

After I met my birth mother that year, she signed a release for the state to allow for the release of my identity documents to me. I was sent formal written acknowledgement from the Michigan Department of Public Health, Office of Vital and Health Statistics. It acknowledged original information could be shared with me. This was then acknowledged in writing by the probate court and my adoption agency—they had to legally comply and turn over what was mine, though begrudgingly. I received copies my original adoption decree, birth medical history, and all other identifying information—including the names of my birth father, birth mother’s family, and records of my first year of life that were intentionally kept from me.

Yet the Michigan Department of Public Health, Office of Vital and Health Statistics, refused to surrender my original birth certificate, even when the fig leaf of secrecy had vanished by the events that made my adoption no longer a shameful societal secret. Adoption bureaucrats for the state of Michigan stood fast and claimed my birth certificate was allegedly “sealed,” and because I was an adoptee born between 1945 and 1980 and that state law allegedly allowed them to deny me the most important piece of paper a person can ever have. They made this defense even when I proved I knew my original birth name of Scott Douglas Owens and knew my genetic kin. [Note I have original birth records that spell my original birth name as “Douglas” and “Douglass.” I now use the former as part of my new legal name that mixed my original and adopted names: Rudolf Scott-Douglas Owens.]

‘The law is the law,’ and the abuses of an amoral, legal defense by public health authorities

In March 2016, I decided to challenge the state’s overreach and abuse of power by the Michigan Department of Health and Human Services (MDHHS), which now manages vital records. I demanded what was mine in a letter to department director Rick Lyon. You can read the details of my petition and all of my original documents on this summary page.

Three decades later, the state and MDHHS again doubled down and chose to fight my request and keep my original identity document from me, even when there was no longer any rational reason to keep a non-secret birth record from the person who knows his original birth name. The state adopted a legal smokescreen to mask arbitrary and paternalistic decisions that provide no public benefit to adoptees, birth parents, or the state.

These actions followed a long pattern of state-sanctioned discrimination against thousands of adoptees by denying them equal rights of all other residents regarding critical medical and family history—a practice that undermines public health.

The state had no compelling legal rationale to continue hiding my birth record except the claims that “the law is the law.” This is precisely the defense that has been used in some of the most egregious abuses of rights by state public officials in U.S. history. Up until the late 1970s and until a court challenges, some states practiced forced sterilization of persons deemed mentally deficient.

The practice was allowed by state laws through a national eugenics movement that began in the early 1900s. In California alone, where one-third of the estimated 60,000 state-sanctioned compulsory sterilization procedures in the United States occurred until 1979, government actions were codified in law and described as an approved public health strategy to breed out undesirable defects from the populace and to promote state health. In short, public health practices, until very recently and to this day still, have been and are still cloaked behind a rationale of being allowed by law, even when the persons implementing policy could always exercise moral judgement.

Supreme Court Edifice

All of the facts of my identify are public and had been for nearly three decades concerning my original birth name. MDHHS denied my request without a proper review of my evidence sent to Director Lyon on March 28, 2016, claiming “the law is the law.”

Even more startling was the state’s own admission in its reply to me on July 27, 2016, that state law likely was not followed by denying me my birth certificate. The department stated: “For adoptions finalized between the dates of May 28, 1945 and September 12, 1980, a court order is required unless the birth parent(s) have filed a consent to release the information. A court order would not be required if the deaths of both birth parents could be documented.” Because I had provided the department the signed legal consent by my birth mother, than it appears my records were supposed to have been shared, as far back in April 1989. I had included copies of that legal proof when I demanded my birth certificate in March 2106—and yet, the department refused to comply with how it claims the law requires vital records officials to handle requests from adult adoptees. (As of July 29, 2016, I have demanded a written explanation if the department was not complying with the law in its denial.)

Public records request reveals a fear-based bunker mentality at the MDHHS

State officials called my request and me the “problem,” “tagged” me in their system, and claimed I had “an agenda.” Nearly 20 senior officials in the MDHHS and Gov. Rick Snyder’s office were involved in denying my reasonable request and were copied in the state’s denial of my request.

This is a recent head shot of Glenn Copeland, state registrar of Michigan and the man whose name now appears on my current legal birth certificate bearing my new name, and the copy of my original birth certificate that was released and must bear the registrar’s signature and name.

I prepared a detailed account of their deliberations in a forensic analysis of personal email communications that revealed fear of me and my request by high-level MDHHS officials. They expressed uncertainty and confusion over their limited legal authority and the state’s poorly crafted adoption statutes. Two senior officials, Glenn Copeland, state registrar, and Tamara Weaver, Deputy State Registrar, also provided written remarks that suggest startling ignorance of U.S. adoption law and global trends that allow adoptees in countries like England to have full access to all their birth documents when they turn 18.

Deputy Registrar Weaver told her boss, State Registrar Copeland, that I would not be satisfied with my original birth certificate, which I had explicitly asked for. She seemed unable to understand, professionally or even compassionately, why any adoptee should have legal access to their birth records. After she called me on the telephone on March 22, 2016, without providing her name or role in managing state vital records, she wrote to her boss, “He has an agenda, nothing I would have said would have been sufficient. … I don’t think my offering him his record would have been enough for him, even though that is ultimately what he says he wants.”

Weaver also revealed in her email a lack of any knowledge of U.S. adoption history and that all adoption records were once accessible to adoptees and birth parents before the 1950s. She dismissed my detailed policy analysis I have published on discrimination against adoptees by U.S. states and adoption bureaucrats. She wrote, “Don’t know how true this angle is, but it is interesting, if you like that kind of story line.” Again, Weaver is the No. 2 in a state agency that manages vital records for all adoptees—a stunning confession. (See page 9 of my summary of state records on the denial of my request for my original birth certificate.)

MDHHS never once sought to consider alternatives they always had, including wide discretion in interpreting laws and rules—a central tenet in U.S. law and in all state and federal judicial reviews of agency actions. MDHHS officials determined from the start to deny me my record, and then they found a legal justification without reviewing all of the evidence I sent to them in an impartial manner. State Registrar Copeland sent me a stunningly obtuse letter in late March 2016 that never acknowledged the key facts of my case that were documented in legal documents in his department’s possession. He basically blew me off and expected me to go away, or maybe some day petition the court. To his dismay (also expressed in email), I reasserted professionally and respectfully my legal right to my birthright document.

The Michigan judiciary orders MDHHS to comply with my request

With no alternative available, I turned to the courts for a remedy to compel the MDHSS to give me what was mine. In April 2016 I filed a petition with the Michigan 3rd Circuit Court requesting a court order that would force the MDHHS to release a copy of my original birth certificate.

My justification to the court noted, “I am no longer wanting to accept the state’s continued unjust treatment of me simply because I am an adopted Michigan native who wants what non-adopted Michiganders receive: equal treatment under the law. A just outcome that releases the certificate to me poses no burden, meaningful cost, or harm to any party, nor the state of Michigan.” The Honorable Judge Christopher Dingell, in a telephone court hearing on June 17, 2016, agreed with facts of the case. He noted that I knew my birth name, had nearly three decades of contact with his birth families, and that the legal consent was already in state records in 1989. He signed the order requiring the MDHHS to end what I consider the illegal holding of my birth certificate and terminate decades-long discrimination against me on the basis of my status as an adoptee.

I finally get my birth certificate and what that means

I mailed the court order to the state’s vital records office on July 1, 2016, with a thick pack of documents that made absolutely clear the state had no more legal excuses to deny my birth record. On July 18, 2016, the sheet of paper, with a legal stamp from the state registrar, finally arrived in my mailbox.

Vital Records at the Michigan Department of Health and Human Services made sure to remind me that I am a bastard by placed in larged capital letters
Vital Records at the Michigan Department of Health and Human Services made sure to remind me that I am a bastard by placing in large capital letters “SEALED” three times on the copy of my original birth certificate–an act not required by state law.

I was stunned looking at the copy of my original birth certificate. The state had given me a final insult by writing three times in big bold letters, “SEALED,” as a reminder I was still a bastard and not a normal person. But underneath that insulting bureaucratic graffiti that purportedly protected the well-being of the state and its residents were all the facts I already had known for three decades. The only new information I found on the document was the full name of the attending physician, who helped to safely bring me into this world one spring day in Detroit, Michigan, many years ago.

The legal document marked my entrance into this world as a human being, with genetic kin and family histories and family members who did want to know me. It was registered as my original birth certificate about four weeks after my birth. This single sheet of paper was deemed a state secret. All my life, I was classified by law as being undeserving of this record, unlike all-non-adopted state residents, simply because I was relinquished as an infant to become an adoptee.

The only reason—and I repeat only reason—I now have possession of what is and always has been mine is because I never once recognized the legal or moral authority of the state’s so-called vital records professionals to deny me equal treatment and equal status by law. They never had that authority, and their actions over all these years demonstrate their lack of moral authority to anyone who may care about fairness and equality. By denying me my birth certificate, even when I knew my original name and birth families, they showed they had no moral center, clinging to a legalistic loin cloth and well-documented prejudice against adult adoptees who dare to say the emperor has no clothes.

I announced my victory over Michigan's adoption secrecy mongers with a Tweet--of course!
I announced my victory over Michigan’s adoption secrecy mongers with a Tweet–of course!

I immediately posted a tweet about my final clash with state records keepers. I wrote this Facebook post as well for my social network circle: “It only took 27 years, but the so-called ‘public health’ secrecy mongers in Michigan finally gave me what has been mine since the day I was born: My Original Birth Certificate. … What a waste of time and resources. Imagine all the amazing things the state could have done helping adoptees or infants or needy kids instead of treating bastards as second-class people and children. This effort was done on behalf of anyone who was denied fair treatment under the law. You are always stronger when you work on behalf of the many, instead of just yourself.”

Defeating one's dragons on a hero's journey can sometimes take years. Bureaucratic dragons can be some of the most difficult ones to vanquish. They can regenerate like a many-headed hydra, which can not fully be defeated so long as it retains one of its many heads, according to Greek mythology.
Defeating one’s dragons on a hero’s journey can sometimes take years. Bureaucratic dragons can be some of the most difficult ones to vanquish. They can regenerate like a many-headed hydra, which can not fully be defeated so long as it retains one of its many heads, according to Greek mythology.

The Governor and MDHHS refuse to answer questions on adoptees’ rights

Before I published this article, I wanted to give Michigan Gov. Rick Snyder and the MDHHS a chance to defend and articulate the state’s positions on state adoption law and practices that discriminate against adoptees by denying them equal treatment to their vital records. Laura Biehl, senior communication advisor to Gov. Snyder, did not want to make statements when contacted by phone, but did accept my written questions that asked if adult adoptees had legal rights to vital records without restrictions and if Snyder believed all persons in Michigan had the right to received equal treatment under the U.S. Constitution and state law regarding access to original vital records. She replied on July 26, 2016, with a statement: “The Governor does not have a position regarding adoption records in Michigan so I am unable to answer your questions.”

I also reached out directly to interview State Registrar Copeland on July 22, 2016—the man who denied giving me my original birth certificate in March 2016. The MDHHS refused to allow him to speak to me nor any members of its media team to be interviewed by phone. The MDHHS agreed to respond to written questions. The department’s press officer, Jennifer Eisner, provided answers to only five of 27 questions, with a statement that essentially said the law is the law. (See her statement and a summary of those questions and mostly no answers on my summary document).

Specifically, the department did not answer if it discriminated against adult adoptees in the management of vital records. It refused to answer questions how it managed my record request or why I was “tagged” after being identified as the “problem.” It could not even answer simple questions how the state’s adoptions record unit that handles adoptee records requests, the Central Adoption Registry, is managed, who manages it, or if it ever has been audited. Finally, the department did not answer if it was aware of national adoption laws in countries like England that allow all adult adoptees to get copies of all of their original birth records when they turn 18.

The most startling fact I discovered was the state’s total failure to even track or count how many requests for birth records by adult adoptees are denied by the MDHHS. “The total number of these official requests would not be known but is believed to be very close to the number released,” said Jennifer Eisner, a press officer with the MDDHS in a July 27, 2016, email.

Given the ubiquity of adoptees in the United states (perhaps 4 million or maybe more) and the decades-long efforts by adoptees to access their records, such an acknowledgement shows for Michigan at least, adoptees still do not matter and thus will not be counted. As those in public health and health know, what gets measured gets done. What is ignored remains a problem.

The state also could not provide a written estimate how many Michigan adoptees may be living who were born between 1945 and 1980—those who that state claims need court orders to get birth certificates. According to Eisner, the department only began counting the number of released birth certificates in 2009—decades after adoption became one of the most widespread practices in family formation in the United States. Since 2009, only 549 original birth certificates have been given to adoptees, according to the MDHHS. I do not know if I was No. 549 or if some other determined adoptee came right after me. We are a shockingly small group of Michiganders who persevered against the secrecy guardians of the state.

The message from these vital records keeping practices by Michigan’s public health professionals is very clear. Adult adoptees, you still do not count. We can continue to ignore your rights and treat you as State Registrar Copeland called the “problem.”

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* Records collection on adoptions has long been imprecise. The most widely quoted data set on U.S. adoptions through the mid-1970s was published in a paper by Penelope Maza for the U.S. Children’s Bureau. The study found the United States recorded 2.4 million adoptions from 1944 through 1972— the last year before abortion became legal in the United States.[1] The study made estimates without precise data, because data collecting was voluntary not mandatory.

In 2010, the U.S. Census officially recorded more than 1.5 million adopted children under 18 years of age living with an adopted parent. This compares to a total U.S. estimated population of adopted children, including those 18 and older still living in households with their parents, at a little more than 2 million persons.[2] The count does not include adoptees who are no longer living at home and who are adults—a figure that remains undefined by demographers, but expansive and far-reaching.

**Read an excellent article by adoption law scholar Elizabeth Samuels, JD. She has published numerous articles on how states and bureaucracies implemented secrecy measures that have closed once open birth records, preventing adoptees and birth parents from accessing their vital records and from knowing one another.

[1] Penelope L. Maza, “Adoption Trends: 1944-1975,” Child Welfare Research Notes #9 (U.S. Children’s Bureau, August 1984), pp. 1-4, Child Welfare League of America Papers, Box 65, Folder: “Adoption—Research—Reprints of Articles,” Social Welfare History Archives, University of Minnesota.

[2] Rose M. Kreider and Daphne A. Lofquist, Adopted Children and Stepchildren: 2010, Current Population Reports pps. 520-572, U.S. Census Bureau, Washington, DC. 2014. Found at: https://www.census.gov/prod/2014pubs/p20-572.pdf.