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Virinia

Help us defeat HB-1514

HB 1514 in its present form allows the biological parents to designate an adoptive family, conceal their identity, and withhold identifying information. GRC does not view this proposed change as progressive and urges its defeat. Furthermore, the chief proponents of the legislation, the Church of the Latter Day Saints, should not be allowed to impose their religious beliefs on others through state legislation.

Historically, legislators tend to be more interested in the views of those whose livelihood depends on adoption than the children whose lives are forever altered by it. So let's start with the supporters of HB-1514 who claim that this bill will "make adoption easier" or "prevent abortion" despite that statistics show the states that have promote openness in adoption the longest have some of the HIGHEST adoption rates and LOWEST abortion rates in the country.

At the simplest lever, this proposal is essentially duplicative of provisions in Virginia law that have a negative impact on adoption rather than a positive one. Adoptive parents and biological parents may choose a closed or open adoption under current law. The new law would create a second type of closed adoption and encourage secrets and lies instead of the kind of openness and honesty that is advocated by most child welfare experts.

At a more fundamental level, the proposal bill is damaging to the institution of adoption. Triad members who testified before the subcommittee made it clear that a "designated, nondisclosed" adoption is NOT in the best interests of children or other parties to the adoption. Most child welfare experts view adoption secrecy as a failed experiment that should be discontinued.

Supporters of HB 1514 argue that the bill will minimize the risks in adoption. What risks are they taking about? Surely not the risk to biological parents who will face an increased risk that the family they designate will not be selected by the agency since the language reads "may give primary consideration." Under current law, a biological mother can place with her designated family even if the agency doesn't recommend the placement and she is guaranteed the placement with her designated family if the family is recommended. So they must be talking about the risk of the agency to place the child with the family best able to pay whatever fees they decide to charge.

Under this proposal, adoptees and their adoptive parents would have to depend on the agency, and pay additional fees, to obtain information about mental and physical health and social history after placement. We are all at risk for over 4,000 genetic diseases but, in a "designated nondisclosed adoption," adoptees will not be able to take measures to identify, prevent or treat illnesses because they are ill-informed about their heath status. Anyone who has ever had to rely on an agency for post-adoption services knows how dicey this can be. And as new tighter regulations of the industry are put into place, some agencies will shut their doors because they cannot meet best management standards.

Adoptees and biological parents want contact. This is evidenced by 1,400 inquiries received by the Virginia Department of Social Services in 2002. In addition, nowhere does the United States Constitution define privacy as a right of a parent to remain unknown to their offspring. The constitutional right to privacy addresses the rights of citizens to conduct their private lives as they see fit within the bounds of the law. It does not encompass a right to anonymity from one's own offspring.

The importance of sharing identifying information was recognized when the General Assembly created the Parental Placement Act in the early 1990s. The Report of the Joint Subcommittee Studying Direct Adoption Placement and Unauthorized Placement Activity in 1989 found that it is in the best interest of the all parties to the adoption to allow full disclosure of information. As testament to this, an estimated 70% of adoptions are now "open" nationally. Another catalyst for the Act was recognition that secrecy allows unethical and illegal practices to take place in adoption.

You can help us to defeat House Bill 1514. The bill passed on a 17-5 vote in the Health, Welfare and Institutions Committee. Most of the Delegates that voted in opposition to the bill are Republicans, as is the sponsor of the legislation. It passed the House of Delegates 78 to 22 this week. The next step in the legislative process is for the bill to be heard before the Senate Rehabilitation and Social Services Committee on Friday, February 14. The committee consists of seven Democrats and eight Republicans.

Here's how you can help:

1. Contact your legislator by phone, fax, or email (the latter is least effective because they have so many to read). Be sure to include your name and address. Tell them you oppose HB 1514 and why. Feel free to excerpt from the commentary above.

2. Visit your legislator and as many members of the committee as possible before next Friday.

3. Attend the committee hearing to show that we are a growing and vocal constituency group for adopted people, birth parents and adoptive parents who believe openness and honesty is the best public policy. Be sure to wear your green ribbon.

4. Share a copy of your letter with GRC. Send to GRC_Update-owner@yahoogroups.com.

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