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 Many who enforce outdated state laws treat adoptees dismissively—even as threats.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: Cornet 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.