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 statues. 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.”

————————————-

* 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.

How legalized discrimination against adoptees and birth parents took root in post-War America

“Prior to World War II, there was no wide-spread and institutionalized adoption system. When children were born out of wedlock, both the babies and the mothers were considered undesirable. They bore a stigma—got little or no help. But after the war, that changed. Babies became part of a huge new adoption industry … while their unwed mothers were still shunned by society.”

Dan Rather, Reporter
Dan Rather Reports, Adopted or Abducted?
May 1, 2012

 “With respect to attitudes about adoption, white unmarried motherhood is no longer equated with mental disorder or an ability to recover easily from surrendering a child for adoption. A large majority of birth parents are reported to be open to or actually desire contact with adoptees. Adoptive families have come increasingly to be seen as having unique qualities and challenges. … Adoptees searching for information about or contact with their birth families have become families figures and are no longer assumed to be suffering from a mental disorder.”

Elizabeth Samuels, J.D., Professor of Law, University of Baltimore
The Idea of Adoption, An Inquiry into the
History of Adult Adoptee Access to Birth Records.
Rutgers Law Review, Vol. 53, 2001.

One of the most under-reported societal stories of the past six decades has been how the U.S. adoption system continues to discriminate against several million adopted Americans. This legal practice is particularly ironic because the movement to make adoption records more secret from adoptees, depriving them of basic human rights, came at a time when voting rights, civil rights, gay rights, disability rights, and women’s rights were expanding for all Americans from the 1950s onward.who am I

University of Baltimore law professor Elizabeth Samuels has documented this national trend with both clarity and meticulous detail in a series of articles she has published starting in 2001 on adoption law and privacy issues surrounding adoption.

Samuels has painstakingly documented in her authoritative study how state adoption laws evolved from the 1930s to the present and how elected state lawmakers systematically closed adoption records between the 1960s and 1990s. The change was championed by state legislatures and social service bureaucracies, with the quiet but critical involvement of the U.S. medical establishment that delivered the babies and cared for the women giving birth.

This happened without any clear evidence proving records secrecy offered benefits to mothers and children placed for adoption. The closing of records was based largely on societal views that stigmatized unwed mothers and particularly adopted children even to this day.

It is likely that many Americans still harbor deep fears and suspicions about adoptees as adults, thanks to archetypal fears of bastard babies and stigmas fueled by unrepentant mental health professionals who caused calculated harm with their pseudo-scientific branding of an adoptees’ quest for information as unhealthy.

Oddly, this movement to seal original birth certificates and birth records of adoptees through the 1990s took place as many adoptees had come of age and began organizing local, state-level, and national movements demanding a universal right to know who they were and where they came from, as found in original identity documents.

Advocates included Betty Jean Lifton, author of Twice Born: Memoirs of an Adopted Daughter (1975); Florence Fisher, author of The Search for Anna Fisher (1973), and social worker-turned adoptee rights advocate Jean Paton, author of The Adopted Break Silence (1953).

Jean Paton Book Cover

A new biography on adoptee rights advocate Jean Paton is now available as a downloadable e-book.

Paton, a mostly unrecognized social leader and equal rights advocate two decades ahead of her time, helped to launch a national adoptees right movement and published two books that advocated for adoptees’ rights. She suggested the creation of a mutual consent registry as early as 1949, for example, and embraced the term “bastard” in the 1970s, long before the emergence of the advocacy group Bastard Nation in the 1990s.

She wrote of her experience before states began to implement discriminatory laws: “In 1942 I had gone to the Probate Court … and looked up my first adoption paper, and saw my mother’s full name signed by her own hand. There was no rigmarole; you were allowed to see your own paper in a kindly procedure.”

When records were open to adoptees, the norm

As Samuels reports, “In the ‘40s and ‘50s, most state laws did permit adult adoptees to view birth records. But by 1960, 26 states were making both original birth records and adoption records available only by court order. Twenty other states still birth records available on demand, but over the following 30 years, all of those states but three—Alaska, Kansas and South Dakota—close records to adults adoptees.”

Samuels shows through a review of state records and recommendations from leading adoption welfare agencies from the 1930s to the 1950s that the groups most involved in handling adoptions and developing recommendations mostly agreed that adult adoptees should have access to their original birth records.

Samuels shows the original legal rationale to provide confidentiality of the birth mother and to keep her from knowing her birth parents was only to “protect adoptees and adoptive parents from the dangers of public access to personal information.”state secret comment

The intent up through the end of the 1950s was never to prevent adult adoptees from accessing their original birth certificates, which had their original names prior to their adoption and later amended birth certificates with their name provided by the adoptive parents.

The most influential adoption agency of its time, the Child Welfare League of America, noted in its 1941 standards that such protection shielded adoptees “from unnecessary embarrassment in case of illegitimacy.”

In fact the U.S. Children’s Bureau, one of the major players in the development of adoption law through the mid-20th century, fully endorsed adult adoptees’ rights to know who they were, in the form of access to their original birth records, up through the late 1940s. Samuels notes one consultant for the agency defended this already established legal practice nationally, noting, “every person has a right to know who he is and who his people were.”

Samuels’ legal analysis dismantles and thoroughly destroys the predominant justification still used today that the shamed and marginalized pregnant mothers who entered into adoptions from the 1940s onward wanted to have their identities hidden from their birth children. This false narrative still survives today and still continues to allow legalized discrimination and stigmatization of these mothers and their kids.

Samuels unearthed no data or credible study that ever justified this overwhelming legal rationale. It was the view advanced by the interest groups who managed adoptions, notably the social service agencies who brokered more than 1.5 million adoptions from 1951 to 1972— the last year before abortion became legal in the United States.

Adoption Industrial Complex Word Cloud

Many players participated and continue to participate in the “adoption industrial complex.”

“The historical record suggests that birth mothers were in fact seeking a measure of confidentiality,” writes Samuels in her October 2001 op ed published in the Washington Post in 2001. “What mothers wanted, however, was not to prevent the adoptive parents and the children they had surrendered from discovering their identities, but to prevent their communities from learning of their situations.”

When and why “secrecy” became acceptable?

Samuels’ evidence shows that the rationale by state legislatures reflected the social attitudes of their day. It is very likely lawmakers, still majority male from the 1960s to 1990s, were open to the advocacy of interest groups supportive of family ideas not grounded in any scientific research of the birth mothers or adoptees.

Samuels outlines this unproven myth of these three decades with the following main points:

  • Social attitudes were developing about the nature of adoption.
  • Adoption was increasingly being regarded as a “complete and perfect” substitute for the creation of families.
  • A prevailing myth gained credibility that once adoption is legalized, the newly configured family would become the “real family” and the child would be the same and feel the same as if he or she were born into that family.
  • From the 1940s through the 1960s, child development theories emphasized nurture over nature, and suggested that a birth parent’s purported “morality” would not be transmitted in a child’s development or future actions.

These views coincided with larger societal views that shamed unmarried women. This institutionalizing of this shame can be seen in the development of the Florence Crittenton Homes and other places that spirited away unwed and mostly white women until they gave birth to their kids. (See Anne Fessler’s study of these women, The Girls Who Went Away, for an overview of this system.)

Philomena

The 2013 film Philomena highlighted the Catholic Church’s role selling Irish babies of unwed mothers to U.S. families eager for children.

There were also illegal operations that allowed babies to be sold or stolen, seen in the case of nearly a dozen “Gertie’s babies” in the 1950s in the American west, who were placed in the adoption black market. In Ireland up through the 1960s, the Catholic Church ran homes for “lost girls” and brokered the sale of babies from single pregnant women to American families, documented in the 2013 film Philomena. (See my story on that film and the Florence Crittenton Homes, “The American Philomena story that is also my own.”)

The adoption industrial complex

Dan Rather recently profiled America’s hidden baby delivery and placement system that put vulnerable, pregnant women in situations that sometimes led to coercive adoptions. His May 1, 2012, episode of Dan Rather Reports, called “Adopted or Abducted?” interviewed women who decades after surrendering their children now claim they were forced to put their babies up for adoption, often with the support of Catholic charities.

This large but little publicized system went beyond the Florence Crittenton Homes and similar facilities that hid young women, including my birth mother and me. The participants were parents desperate for kids, doctors, social workers, clergy, lawyers, nurses, and lawmakers passing laws that ensured the system could operate without disruption. Most believed they were doing the right thing for kids and their moms. The adoptive parents certainly were not causing harm, and offering love and a home. Adoptive families are not being criticized or questioned here for their deeds and their love.

That larger system still exists today, minus the homes for unwed mothers. One estimate puts the value of the adoption industrial complex today at $13 billion per anum.

Not including adoptive parents, I have rarely heard of a single participant in this system ever admit they believed they were wrong, even when compelling evidence has been widely reported for decades in the USA today that secrecy in the adoption system has led to lifelong frustration by adults wanting to know their kin and where they came from.

220px-Kate_Waller_Barrett

Dr. Kate Wallter Barret is one of the co-founders of the Florence Crittenton Homes for Unwed Mothers (courtesy of Wikipedia)

Demographics and changing social mores had a large impact in this story too. Data from the National Center for Health Statistics show a dramatic rise in “illegitimate births” during the 25-year period from 1940 to 1965.

  • The number of out of wedlock births more than tripled from an estimated 89,500 in 1940 to 291,200 in 1965.
  • Five years later, in 1970, these out-of wedlock births reached 398,700.
  • More than half were by women 15 to 19 years of age.

By the mid-1960s, close to 400 maternity homes were operating nationwide, often overcrowded. My birthmother stayed in one of these. I was born in the unwed mother’s maternity ward of Detroit’s Crittenton General Hospital, on Tuxedo Street, once affiliated with the National lorence Crittenton Mission.

Sham pseudo-science by psychologists and psychiatrists

What’s particularly shameful from this era is how it promoted women’s virtue at the expense of pregnant women and the hundreds of thousands of adoptees. Complicit in these failings are social workers and health professionals who may have meant well, but who never fully understood the impacts of their activities or never considered the long-term welfare of mothers and their kids.

Psychiatry and psychology professionals colluded in especially damaging ways. They provided a mental health framework to promote ideas that were harmful to millions of Americans whose only failing was to have a child out of marriage or be born out of marriage. (For me, the kooky theories offered from this era still call into question these professionals’ scientific credibility to this day.)Psychobabble comment

One commentary cited by Samuels of a mental health professional (Viola Barnard) from this era described an adoptee’s curiosity to find his or her identity as “tragically pathological distortions.” Barnard’s views were considered influential in the 1950s and early 1960s on adoption practices, according to Samuels.

Samuels’ review of the literature of the time shows that unmarried mothers who became pregnant were seen as mentally ill—a theory that completely ignored the failures of the legal and moral systems to hold the birth fathers accountable or to shame them equally.

A woman, a white woman in particular, who had sex was seen as a deviant or having a psychopathology. Samuels notes racist views promoted another view that it was natural or normal for less-moral African Americans to have out of wedlock births.

Barbara Melosh’s history on American adoption notes that in postwar America, women who had children out of marriage were “deemed neurotic—as manifesting a disordered femininity.” They were “bad women, their sexual transgressions exposed by pregnancy.” (See Strangers and Kin, 2002.) Even women adopting were tarred as being unfit women because of their infertility.

Anne Fessler profiled this stigma in her 2006 oral history on women before the Roe V. Wade decision who gave up children for adoption, called The Girls Who Went Away.

In her interview with Rather on often coercive and sometimes illegal methods used to convince young women to surrender their bids for adoption, Fessler said, “In the United States between 1945 and 1973 a million and a half women surrendered children for adoption. I see that period of time as a kind of perfect storm of circumstances that led to all these surrenders. Number one, during the war and after the war there was a change in what was considered acceptable sexual behavior.”

While the men, like my respected ROTC and medical professional birth father, escaped societal scorn, women had to wear the brand of mental illness and be changed.

According to this view, reforming the mentally ill mother could occur with the lifelong separation from her birth child, which would enable the woman a chance to fulfill her desired identity as a woman by raising her own children and family. The burgeoning adoption market provided the “system” through which this idea was sustained—a two-part solution to a problem of change in society.

Unsubstantiated claims from the 1960s onward were made by defenders of closed records that adoptees or birth mothers might wish to extract revenge or extortion. Samuels even cites one instance where efforts in a court case by an adult adoptee to seek their records were denounced by an opposing attorney, who claimed the information could be used by the adoptee to “find and murder his biological parent.”

The bogeyman concept of illegitimate children, however, far precedes the U.S. adoption system and laws that govern it. Adoption laws only date to the 19th century in the United States. Ideas of birth-driven—now considered genetic—identity are historic and rooted deeply in most cultures over time.

TE Lawrence Posing

TE Lawrence (“Lawrence of Arabia”) was a bastard who was also stigmatized by British society for being born out of wedlock and illegitimately.

Such children call into question property ownership, lines of familial and political succession, moral standing of parents and entire religions, and more. Each society over time has addressed these fears, often brutally for the unlucky illegitimate. Normally, the “bastards” have been ostracized, but also killed. (Please see my article on the demonization of bastards.)

Parenting literature from the 1970s also was awash in guidance to adopted parents how to tell the children they adopted about their origins. But the so-called psychological professionals counseled that any adopted child who sought out their origins was the acting out of fantasy, not one of a human’s most innate desires, documented in nearly all religions and myths as an essential and archetypal human need. (See my article on this archetype and myth.)

The sociologist Katherine Wegar, who has studied the issue of adoptees’ rights and their quests for their birth documentation, suggests that searching for genetic identity is “generally regarded and experienced as an important part of a person’s identity, perhaps even as an archetypal yearning.” Wegar concludes adoptees continued to suffer from societal discrimination that they are inferior to non-adopted persons.

Accepted discrimination, so long as you are adopted or a birth parent

The stigma of adoption was also branded on all adoptees by these prevailing norms from the 1960s onward. These were reinforced by a network of increasingly discriminatory state laws that treated adult adoptees separately, with lesser rights than all other U.S. citizens. Laws were passed in states that blocked adoptees from ever inheriting any property or wealth from natural parents. (Samuels cites the presence of such discrimination in 2001 of slightly less than half of all states preventing such inheritance.)

Author Florence Fisher wrote of her efforts in 1951 to find her birth parents, and the lawyer who arranged the process told her, “You have right to any information whatsoever. You were adopted legally … . You had no other parents.” Author Betty Jay Lifton was told by her psychiatrist she had consulted about her search in the mid-1950s, “Your need to look for your mother is neurotic. You are rationalizing why you must know who your real ‘real’ parent, as you call them, are.”

This was the overwhelming societal attitude I encountered starting in the late 1970s and throughout the 1980s, when I began to openly discussing my adoption as a young person.

During this dark period of lawmaking that closed adoption records one by one in most states, I began my own long, expensive, and ultimately successful search for my biological parents, my family medical background, and my collective family history. This is information that I am entitled to as a human right, though most states had made that right illegal.

During that search, I was told I was being cruel to my adoptive family. I was told I had “issues” that had not been resolved in my infancy or childhood. I was mocked and laughed at by people when I explained I had a German name, but was not German. I was told I was mentally unhealthy. The only people who seemed to give a damn were adoptees.

As Samuels shows, “widespread and entrenched social attitudes about secrecy in adoption” contributed to the closing of birth records to adult adoptees and birth mothers from 1960 to 1990. This was despite the social revolution of the era that was attacking the false adoption secrecy model and challenging the false narrative that adoption provided a perfect replacement to childbirth for families who could not produce children.

Samuels suggests that as single-parent homes among white families became more widespread, unmarried motherhood “was no longer equated with mental illness.” Adoptive families were finally seen as having challenges and qualities, grounded in peer-reviewed studies of outcomes of adoptees and their families.

Many birth parents were found to be open to being contacted. Thanks to the growing proliferation of stories about adoptees’ lack of rights, discrimination by states and agencies against them, and the emergence of a national movement, adoptees’ quests for identify information became less stigmatized. “Adoptees searching for information about or contact with their birth families became familiar figures, no longer assumed to be suffering from mental disorders,” says Samuels.

Samuels also cites arguments circulating in legal and psychological communities that adoptees should be given access to their rightful identity information because denial causes “psychological impairment.”

This idea is fundamentally flawed because it justifies the continued stereotyping of adoptees as mentally harmed, not as persons who are healthy by seeking information and who are doing what should be considered human and utterly normal.

Why state lawmakers ignore evidence and disregard adoptees and birth mothers

Despite changing societal views, states continued to double down and continued to close records.

Rudy as Baby

About the same time this photograph of me was taken, states across the country were making it impossible for adoptees like me to ever see their original birth certificates by passing laws sealing access to identity documents.

I think this happened because the state legislative environment has many conservative lawmakers in all states. Many of these lawmakers are sympathetic to adoptions as the “solution” to abortion (it is not). I also believe that this political environment is overly receptive to the Christian piety myth of rebirth through adoption that mirrors a conservative Christian notion of being “born again” (being adopted is not being born again, period).

Finally state lawmaking settings rarely rely on evidence alone to pass laws. I have seen on countless occasions when I worked in the Washington State Legislature for two years how single stories carry equal weight to massive evidence contradicting those outlier stories. In such a setting, the views of just one birth mother can be given equal weight of extensive and large bodies of scientific evidence that provide birth mothers and adoptees want to have rights they once had restored.

Samuels argues that laws from the 1970s on failed to ever acknowledge records for adoptees were once open. “It was as if there had never been periods of time in many states, only recently concluded in some and still ongoing in others, during which adult adoptees had legal access to their birth records.”

Evidence from many researchers continues to show adoption secrecy is rejected by the principal actors in adoption: birth parents and their children placed for adoption. Samuels says studies as far back as 1989 showed that “almost ninety percent of birth mothers studied favored being contacted on behalf of their surrendered children.”

Samuels reported in 2001 that:

  • In state sanctioned intermediary programs (where a third party is a bridge contact between adoptees and birth parents [birth mothers]), 95% of the parents are open to contact.
  • Hawaii reported that the most typical reaction of their state-run system is one of “great joy, crying, and, “This is the call I’ve been waiting for.”
  • New Jersey reported that 95 percent of 350 living birth family members contacted in a four-year period wanted contact if adoptees requested it.

More recent data published by the Donaldson Adoption Institute suggests that there is overwhelming support among adoptees, adoptive parents, and birth parents to allow for open records, completely undermining arguments from secrecy proponents.

The Donaldson Adoption Institute published data in its 2015 annual report that found overwhelming support for open records among the main group impacted by state laws that discriminate again adoptees and birth parents by closing records.

Question: Do you support adopted persons’ right to access their original birth records? The Donaldson Adoption Institute published data in its 2015 annual report that found overwhelming support for open records for adoptees among the main groups impacted by state laws that legally discriminate again adult adoptees. Note: Survey methods, including how it was conducted and how many participated in the survey, were not provided by the institute, so it is hard to determine the validity of this survey tool.

Failures of intermediaries and registries and the power of a powerless bureaucrat

In some states, such as Michigan, some adoptees and birth mothers can use an approved intermediary and others registries to request original birth records and find biological families. Others cannot simply on the basis of a person’s birth year. I fall into the period of births that closes records, except under strict conditions that require a birth mother to sign a legal release form, reviewed by bureaucrat who makes decisions that they likely have no training to understand.

I also believe a major issue not discussed in adoption research is simply the love of absolute power that mostly powerless bureaucrats and social workers have over adoptees searching for records. A bureaucrat’s imperative is to say “no,” as history shows time and again in a classic Weberian sense of how bureaucracies wield power.

In April 1989 in Detroit, I met a social worker with the Lutheran Child and Family Services and asked for my records and birth certificate. She politely refused to help me. She had the power, it was not “legal,” and she offered no help.

Two days later, after I had found my birth mother with some pretty impressive gumshoe detective work, I returned to the same social worker with a signed statement by my birth mother asking to release my information. The social worker finally released documents about my birth with my original birth name, except my birth certificate.

That type of life-changing power held by mostly lower-level practitioners is intoxicating, and bureaucrats seldom relinquish power once they have seized it. The law is the artifice used to justify it.

Registries and intermediaries in states also support the continuation of restricted access to records for hundreds of thousands of adoptees. They create unnecessary barriers to both birth parents and their kids under an unjustified notion that equal rights, namely, access to birth records, is a conditional right only the state can control.

Were such practices applied to anyone beyond adoptees and birth mothers, the media and advocacy groups would be lambasting state-approved registries and intermediary systems as a form of legal discrimination.

These methods still support a system that is not rooted in science or research, but one that emerged mainly through custom and tradition and the desire of Christian lawmakers to promote adoption alternatives to birth control (my own view of the political landscape). Restrictions also exhibit a raw expression of power by states and their bureaucracies. These methods legitimize the power of a state to control individual rights that most people assume are natural at birth.

With regards to the passive and active registries, Samuels concludes rightly they are “ineffective, demean adult adoptees, and do not remedy the fundamental denial of adoptees’ rights to the kind of basic information about oneself that is available to all other persons.”

Admitting wrongs and changing laws will make a difference

As an adult adoptee, I am grateful for the work of pioneers like Lifton, Fisher, and Paton, who were prophets in the wilderness and who identified injustice and clear wrongs. I remain grateful that stories continue to be published on adoptees finding birth family, and vice versa, as a means of keeping the legal discrimination front and center in the news.

Joni and kilauren2

Maclean’s covered the reunion of birth mother Joni Mitchell and her daughter Kilauren Gibb in 1997. Like with many things in life, it was not a fairy tale, but it has put a face on an issue mostly ignored by the public.

Having football heroes like Tim Green and singing icon and former birth mother Joni Mitchell have their personal stories be known to the public helps build awareness of the hidden and ongoing pattern of legalized secrecy that provides no clear benefit to society or those most involved. They humanize the issue.

However, the “compelling human-interest story” that inspires “myriad novels, plays, and movies,” as Wegar calls it, should not be the means to correct past wrongs and to extend equal rights to adoptees.

The language of civil rights, that was broadened to include the rights of gays persons seeking to marry legally and have the same benefits under the law, now needs to be considered in the context of those born into a system in which their rights were never fully considered.

In fact adoptees are doing that with a national MoveOn.org petition asking for the Obama administration to open closed birth records with an executive order, and they are planning to hold a national rally in Washington, D.C., on Sept. 23 and 24, 2016, demanding equal treatment under the law by demanding open records.

As Samuels shows, anonymity rights concocted by mostly male run legislatures, with no recorded evidence submitted on their negative impacts on adopted persons, never existed in practice when the prevailing legal interpretations of the time claimed they did. Myth became truth, in other words.

I hope that the evidence that moves society is more through the studies Samuels cited and books like those written by Barbara Melosh, which are also turned into moving stories.

Evidence exists in other developed countries with a long record of using adoption (England, Scotland, Israel) that there have not been dire consequences for sharing birth identity documentation. Scotland has had open records since 1930, and England and Wales since 1975, both of which saw the benefits to the Scottish legal model that worked.

A useful model to follow is how the Australian Government has reviewed past abuses and harms caused by adoption to birth mothers, their families, and their kids. The government released an extensively researched 2010 report called the Impact of past adoption practices: Summary of key issues from Australian research, which focused on abusive practices that coerced young women to surrendering kids out of marriage.

The report noted: “Contrary to the popular myth that ‘time heals all wounds,’ one theme that was fairly consistent across the different studies and methodologies reviewed here was the notion that the pain and distress of their experience of adoption did not just ‘go away’ with the passage of time.”

The report looked honestly at the country’s past and used research to come to conclusions how to correct the mistakes and acknowledge that adoption was never a perfect system. Australia took a further step when Prime Minister Julia Gillard, in 2013, apologized to the thousands of birth mothers who gave up their children for adoption in situations that amounted to coercion.

There needs to be an honest accounting nationally in the United States, grounded in rigorous reporting and science. That should include testimonials by doctors and mental health experts, and lawmakers, who greased the skids of the flawed U.S. adoption system along the way. They need to step up to the mic, say what they did, and say that we could do better now.

Then there needs to be political and legal action to make it possible for those who were adopted or who gave up children for adoption to experience legal rights other countries grant to their citizens. We will see if the rally in Washington in September 2016 makes a difference. But I doubt states will be rushing to help adoptees anytime soon by granting them all open records access.

Meanwhile, my original birth certificate, bearing my birth name of Scott Douglas Owens*, remains sealed in an office somewhere in Michigan, hidden from me as a state secret, more than a quarter century after I have found my biological families. I will continue having to accept the utter insanity of an imperfect legal system that considers this to be both moral and normal.

(*I decided in August 2009 to legally change my adopted name, Martin Rudolf Brueggemann, to Rudolf Scott Douglas Owens, combining parts of my adopted and birth name. This is a true reflection of who I am, a person born into two families, with two names.)