The Future Of Adoption Reform

Informed by an article at Lavender Luz –

Imagine a glorious time in the future when all adoptees can get their original birth certificates and all open adoption arrangements are codified with a contract and truly open. I certainly could go further but the realist that I am will stick with these two that would be an improvement. Won’t it be great to be finished with the hard work of adoption reform?

While changes in adoption laws and policy are necessary, these alone will not make Adoption World all better. If laws were the endpoints, then the passage of the 13th, 14th and 15th amendments would have resulted in immediate equality for formerly enslaved and free African Americans. But they didn’t. Now, even 150 years later, our society struggles with these same issues.

Reforming policy and law is one necessary step, but it’s not the last step. Not until ideas of respect, empathy, and inherent value of others also take root in people’s hearts can true and enduring change happen. There are things that we do because an external force (rule or law) makes us do it, but the other comes from values we carry within our self. It’s good to have good laws; but it’s even better when those laws are followed naturally, because they’re viewed as the right thing to do anyway.

With the desired reforms in adoption, we don’t just want to see compelled behavioral change (because I have to), we want the spirit of the changes (because it’s in line with who I want to be). In reforming adoption, how can we help people move from “because it’s a requirement” to “because it’s the right thing to do?” Some of what I do is write this blog to advocate for a reformed perspective on adoption and foster care as well as some tangential issues.

To put this in adoption terms, even though adoptive parents and birth parents may have a Post-Adoption Contact Agreement, that doesn’t always mean the agreement comes from the heart. The law says one thing, but the vibe among those in the adoption constellation may say something else. The adopted child will likely sense such a disconnect when contact is made from obligation rather than a desire for connection.

Even if the law says that an adoptee can get his original birth certificate, IF the vibe he senses from his adoptive family isn’t an open one, he may actually feel as though he’s not free to get his document. He intuits the mixed message from his adoptive parents: Yes you can, but no you may not.

I have often read about adoptees who wait until the death of their adoptive parents to begin searching for their original parents? My adoptee mom waited until the early 1990s, only to learn that her original mother was dead and believed that since her original father was so much older, he had most likely died as well (and he had died, 30 years earlier). Even if the adoptee had been legally free to start looking, they never really felt free to do so. A law opening up an adoptee’s original birth certificate would be ineffective for the adoptee, until and unless their adoptive parents have given off the vibe that frees the adoptee to access it (or if that is in the adoptive parents’ possession, actually handed it over to them on request).

Ideas start big at the macro level, but implementation needs to reach all the way to the micro level, to the minds and hearts of individuals. Fortunately, much is already being done in Adoption World to bring about such changes. It is my hope that my small effort here is some part of that change.

Adoptees Deserve Better

Steve Inskeep, is a co-host of NPR’s “Morning Edition” and “Up First.” He is an adoptee and an adoptive father. He penned an op-ed in the New York Times recently titled For 50 Years, I Was Denied the Story of My Birth. I share excerpts below.

In 1968, a woman appeared for an interview at the Children’s Bureau, an adoption agency in Indianapolis. She was in her 20s and alone. A caseworker noted her name, which I am withholding for reasons that will become apparent, and her appearance: She was “a very attractive, sweet looking girl,” who seemed “to come from a good background” and was “intelligent.” She had “blue eyes and rather blonde hair,” though the woman said her hair was getting darker over time, like that of her parents.

Her reason for coming was obvious. She was around 40 weeks pregnant. She told a story that the caseworker wrote down and filed in a cabinet, where it would rest for decades unseen. The expectant mother said she had grown up in Eastern Kentucky’s mountains, then migrated north as a teenager to find work after her father died. She was an office worker in Ohio when she became pregnant by a man who wasn’t going to marry her. The most remarkable part of her story was this: When she knew she was about to give birth, she drove westward out of Ohio, stopping at Indianapolis only because it was the first big city she encountered. She checked into a motel and found an obstetrician, who took one look and sent her to the Children’s Bureau. She arranged to place the baby for adoption and gave birth the next day.

The baby was me. Life is a journey, and I was born on a road trip. I spent 10 days in foster care before being adopted by my parents, Roland and Judith Inskeep, who deserve credit if I do any small good in the world.

In recent decades, open adoption has been replacing closed and sealed adoptions. The rules governing past adoptions change slowly. Mr Inskeep was not allowed to see his birth records. Everything he has shared about his biological parents was unknown to him growing up. He says, “They were such a blank, I could not even imagine what they might be like.”

His adopted daughter is from China, and like many international adoptees, she also had no story of her biological family. A social worker suggested to him that his adopted daughter might want to know his own adoption story someday. So I requested my records from the State of Indiana and was denied. Next I called the Children’s Bureau, where a kind woman on the phone had my records in her hands, but was not allowed to share them.

In 2018, the law in Indiana changed. Many adoptees or biological families may now obtain records unless another party to the adoption previously objected. In 2019 the state and the Children’s Bureau sent me documents that gave my biological mother’s name, left my biological father’s name blank and labeled me “illegitimate.” On a hospital form someone had taken my right footprint, with my biological mother’s right thumbprint below it on the page.

I saw something similar on my mom’s adoption file records. Tennessee had changed the law in the late 1990s for the victims of the Georgia Tann scandal only, sometime after they denied my mom but no one ever told her. My cousin told me she got her dad’s file (he was also adopted from The Tennessee Children’s Home) after my dad died in 2016 and that is why I now have the file my mom was denied on flimsy reasoning (her dad, who was 20 years old than her mom could not be proven to have died, though her mom had died and the state of Tennessee didn’t really try very hard).

Mr Inskeep writes – It’s been nearly two years since I first read those documents, and I’m still not over it. Knowing that story has altered how I think about myself, and the seemingly simple question of where I’m from. It’s brought on a feeling of revelation, and also of anger. I’m not upset with my biological mother; it was moving to learn how she managed her predicament alone. Her decisions left me with the family that I needed — that I love. Nor am I unhappy with the Children’s Bureau, which did its duty by preserving my records. I am angry that for 50 years, my state denied me the story of how I came to live on this earth. Strangers hid part of me from myself.

2% of US residents — roughly six million people — are adoptees. A majority were adopted domestically, with records frequently sealed, especially for older adoptees. Only nine states allow adoptees unrestricted access to birth records. Indiana is among those that have begun to allow it under certain conditions, while 19 states and the District of Columbia still permit nothing without a court order (I came up against this in Virginia). Also California, when my dad was born, I could get nothing out of them. Florida also remains closed.

This spring, more than a dozen states are considering legislation for greater openness. Bills in Florida, Texas and Maryland would ensure every adoptee’s access to pre-adoption birth records. Proposals in other states, like Arizona, would affirm the rights of some adoptees but not others. The legislation is driven by activists who have lobbied state by state for decades. Many insist on equality: All adoptees have a right to the same records as everyone else.

Equality would end an information blackout that robs people of identity and more. Mr Inskeep notes what my mom (an adoptee) often said to me – “I was never able to tell a doctor my family medical history when asked.” For that matter, until I learned who my original grandparents were from 2017 into 2018, I didn’t know mine either because BOTH of my parents were adoptees.

Closed adoption began as “confidential” adoption in the early 20th century, enabling parents and children to avoid the stigma of illegitimacy. Records were sealed to all but people directly involved. In a further step, by midcentury, even parties to the adoption were cut out. Agencies offered adoptive parents a chance to raise children without fear of intrusion by biological parents, and biological parents a chance to start over.

Access to information about one’s genetic background, heritage, and ancestry is a birthright denied only to adoptees. An adoptee is expected to honor a contract made over his or her body and without his or her consent.

Racially Determined Adoptions

I spent most of last summer educating myself about racial inequality and reform issues. Now I see this advertisement. First of all, $13,000 tax credit for adopters??? Think if poor mothers got $13,000 to keep and raise their own babies. The newborn adoption industry would totally collapse. In Canada, they pay single parents so that they are not burdened with having to find a job and child care. There are no losers in that scenario. This program lasts until the child is 18. The amount per month decreases as the child gets older.

Note that African American babies are less valuable at Everlasting Adoptions. One could ask – Doesn’t this somehow directly violate anti-discrimination laws? Besides the smell of human trafficking in this brochure. No one regulates this business. It’s truly the wild west at this time in human history as regards adoption. This one isn’t even an adoption agency, its like a “travel agent” for people who want to pay someone to find a birth mom for them. If found, the parties then go to an adoption agency to draw up the paperwork but on Everlasting Adoptions website, they proudly take credit for successfully completed matches.

NPR did a story back in 2013 titled Six Words: ‘Black Babies Cost Less To Adopt’. The title for this one came from a Louisiana woman. Other contributors have also addressed the skin-color based fee structure for many adoptions, NPR noted – The intersection of race and adoption has prompted many people to submit their six words to The Race Card Project. Americans adopt thousands of children each year. And as the nation has become increasingly diverse, and with the growth of international adoption in recent decades, many of those children don’t look like their adoptive parents.

One adoptive parent, remembers a phone call with an adoption agency social worker. “And [she] was telling us about these different fee structures that they had based on the ethnic background of the child. And … they also had, sort of a different track for adoptive parents.” Moving through the process would be quicker, if the family was open to adopting an African-American (not biracial) child, the social worker explained to her. “And that is because they have children of color waiting,” but adopting biracial, Latino, Asian or Caucasian children could be a slower process because there were more parents waiting for them. “And I remember hearing this and just sort of being dumbfounded that they would sort of segregate — to use a loaded term — segregate these children by ethnic background before they were even in this world,”

It is a profit-motivated, supply and demand business. Thankfully, NPR also found that some states and agencies are using a different formula to make adoption more affordable for families, with a sliding scale based on income rather than skin color. In that system, lower-income families pay less to adopt. Some agencies are also moving toward a uniform cost system where all adoptive parents would pay the same fees. (Though I am still not in favor of adoption in most cases.) Still, back in 2013, the cost to adopt the Caucasian child was approximately $35,000, plus some legal expenses. I see upward of $40,000 in Go Fund Me efforts set up by hopeful adoptive parents today in 2021.