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Georgia Pages

Note: The following is an explanation according to EAGLE on what happened. We believe this should be passed along but we do NOT believe it to be a total victory. Our main focus is to open adoption records so for us there is so much more to do.

FYI/FWD

This information needs to be passed far and wide!

I know that the majority of us feel like we lost yesterday...I know I do, to some degree. Our primary focus was OBC access and we didn't get it! But please remember, that issue was not really debated on the floor and it was not 'defeated' on the merits. It was "taken out" completely (to be decided another day next session, as far as I'm concerned) and what was left WAS approved 167-2

Let's take a minute to examine what DID pass and who will benefit from it's passage, effective July 1st, 2003. The following are new provisions added to the adoption code and/or the reunion registry. It's quite a list, when you think about it:
1) Great-grandparents will now be allowed to adopt their great-grandchild. They were never meant to be restricted from adopting them, but somehow they were omitted from the list in the code. This corrects that. Small number, yes, but for those who've been trying over the years, this is a VERY important provision to them!

2) The time it takes to go through the court for an adoption, where ALL the parties are in agreement and all the paperwork is ready, has been streamlined. When it's all 'ready' the court can schedule it, without having to wait on a mandatory long waiting period, as it has been. This doesn't limit the rights of the parties, or speed up controversial adoptions. It only applies to situations where all the parties agree and want the system to be expeditious in their procedures and quit dragging their feet. As an adoptive parent, who adopted privately with all parties in agreement from the very beginning of the process, I can fully understand the importance of this provision. It works equally for Open, as well as Closed adoptions...as long as all parties agree and the paperwork is all in order.

3) In emergency medical situations, the Office of Adoptions, or the agency, may release requested medical information to parties of interest in the adoption, without having to go to court first to obtain permission to access its own records for the information, as was the case in the past. This saves a TON of time and money.

4) This is one of the BIG provisions! ANYONE having documented medical information relevant to an adoptee, may submit that information to the Office of Adoptions, or child-placing agency. Upon receipt, the Office of Adoptions, or the agency, "shall use reasonable efforts" to "CONTACT" the adoptive parents of the adoptee, OR the adoptee if he or she is "18" years of age or older and provide such documented medical information to the adoptive parents or the adoptee!!! There will be a reimbursement of the 'reasonable costs' associated with this, paid by the submitting party, but those 'costs' have been defined as only the "postage and photocopying" incurred in the delivery of the documents.....NOT a cost for them attempting to 'contact' anyone. You have no idea how much effort Jim and I put into the specific wording of this part of the bill. Each word was picked over with a fine tooth comb and chosen specifically to achieve a particular result. I'll let others define what those results might be, but just use your head and think about the possibilities of using this part of the new bill. I'm personally a little amazed this portion passed intact!

5) Another major improvement of the code allows adoptees "18" and over to now request non-identifying information. It was restricted to 21 and over.

6) If the adoptee is deceased and leaves a child, such child, upon reaching 21 years of age, may seek the name and other identifying information concerning his or her grandparents "in the same manner as the deceased adopted person", subject to the same procedures that would have applied to the adoptee.

7) A little known provision is that, in the current code, the department or placement agency, upon request of identifying information by the adoptee (21 or over), they were to attempt to make a personal and confidential contact with each biological parent "named on the OBC" of the adopted person. In current code, that contact was not to be attempted by mail, which left contact by phone or in person as the choices. NOW, they will be required to attempt to make a personal and confidential contact "with each biological parent"....PERIOD. What's the difference you might say? Well technically, if only the birth mother was shown on the OBC and the father was not, as in the case of our son's OBC, they would only be allowed to contact the birth mother....even though the birth father's name is ALL through the adoption file and is known! The code actually restricted them from contacting folks like Jarod's birth father. Whether they actually followed this part of the code to the letter, I don't know, but now they don't have to. Jim and I felt this would help deal with the unique situation that existed in my son's case....as well as many others in similar circumstances. Also, if an OBC contains a false name on it, but the adoption file contains the 'real' name somewhere, this small change allows them to utilize the information in the FULL adoption file, not just the OBC, to attempt contact.

8) In the current code, there was a specific restriction to releasing information about a deceased biological parent, without a court order. If the biological parent was deceased "and if there was a sibling of the adopted person alive and who may be contacted", that sibling had to be contacted first. Although it wasn't specifically stated, some in the department interpreted that to mean although they DID have to contact the sibling first, they also had to get the sibling's approval first too, before the information could be released "without a court order". Now, they don't have to even know if their is a live sibling. They are to just release the name and place of burial of the deceased birth parent.

9) In current code, an adoptee could request a search of any siblings, who are 18 or older and the information could be obtained upon mutual consent. Currently, if a sibling is deceased, no information can be passed, without a court order. Now, they will be able to disclose the name and place of burial of the deceased sibling, if known, without having to obtain a court order first.

10) If an adopted person is deceased and leaves a child, who is now 21 or older, that 'child/person' may obtain the name and identifying information concerning the siblings of his or her deceased parent, in the same manner (and under the same guidelines/rules) that the deceased adopted person would have been entitled to go by.

11) This is another of the BIG provisions!! Now, just like in the case of adoptees, if a birth parent wishes to initiate contact of their adopted 'child', who is now 21 or older, the department is required to attempt a search for the adoptee. If found and contacted, and the adoptee agrees to receiving the identifying information offered by the birth parent, it shall be passed onto them. Likewise, they would also be required to give additional consent to any contact through the department, just like the other way around.

12) Another key factor connected to number 11 is if the biological parent is deceased, "a parent OR sibling of the deceased biological parent, OR BOTH", may obtain the name and other identifying information concerning the adopted person in the same manner that the deceased biological parent would have been entitled to obtain!!

13) Something else that the current code never provided a procedure for, so it just didn't deal with it, but will now "have to"; if an adoptive parent or the sibling of an adopted person notifies the department or placement agency of the death of an adopted person....the department or placement agency is required to add such information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted person if they should ask. So now, "if the information is provided", birth parents and siblings will finally be able to find out what happened to the adoptee!!

14) Same thing in reverse now. If a "biological parent or parent or sibling of a biological parent" notifies the department or placement agency of the death of a biological parent or a sibling of an adopted person, the department or placement agency shall be required to add such information regarding the date and circumstances of the death to its records so as to enable it to share such information with an adopted person or sibling of the adopted person if they should ask for it. The registry was never set up to receive these types of updates and now they will be, but it will be up to us and the media to inform the triad community 'nationwide' that all this new information can be placed in the files...available upon request by the appropriate parties.

15) Section 9 deals exclusively with foreign births and foreign birth certificates and frankly, I don't really understand all of it, other than it helps update some of the OBC and other documents code section. If you're foreign born, you might want to have the department explain how this section might apply to your particular situation, if at all, once this bill goes into effect. I won't even try to explain it at this time....sorry.

16) In current code, in ALL cases of adoption, at any age for any reason, once the adoption was final, an amended birth certificate would be issued and the OBC would be sealed. Now, if the judge determines that is not necessary, it is possible that an adoption can take place and yet the OBC remains in effect and is NOT sealed. An example might be in the case of a teenager being adopted by a relative, for whatever reason. They would realistically KNOW who their birth parent is and are also aware of their OBC and what it contains. There is no logical reason to amend the OBC and seal the original...so a judge will be allowed to make that call now, instead of being forced to do by law.

17) It may be "current practice" to always put the original date of birth on an amended certificate of birth, when the OBC is sealed, but it has never been "required" to be done. Consequently, in the past, some were not.....but now they will be required to use the true date of birth directly from the OBC and put it on the ABC too.

That's about it. I don't think I've missed any and if anyone thinks I've explained any of the new provision incorrectly, please let me know at once so I can confirm that, or correct it ASAP, before the wrong information gets spread around too much!! As you can plainly see, this is a VERY big win for ALL members of and effected by the triad, but especially for those who are in various stages of search and are connected in their triad to Georgia. This bill STILL touches and affects every single member of the Georgia triad community....in one way or another!! It's now up to us to help get the word out about how it does (will do) that.

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