Pennsylvania Adoptee Rights

How the Mensch Amendment Affects HB 162

2014-09-23T05:37:00.002-07:00

Supporters have asked, "Why doesn't PAR support the Mensch amendment? Don't we have to give something up to get closer to what we want?" PAR had attempted to compromise by supporting the Wagner amendment, that did not pass, that introduced Maine's Contact Preference language into HB 162. Unfortunately, the Mensch amendment passed and asks us to "give up" rights that are not ours to give.

The description of the Mensch amendment on the September 16, 2014 hearing agenda didn't sound too extreme. The agenda stated that the amendment would allow original parents to veto an adult adoptee's access to their original birth certificate for the next three years, after which time access would be open. Make no mistake, the Mensch amendment would make a number of unacceptable changes to the law that were not readily apparent on the agenda.

#1 The disclosure veto for adoptions that are initiated after the effective date of the bill is intended to be permanent. There is no ending date for the disclosure vetoes applied to today's fostered and adopted youth.

#2 The amendment language is unclear if the disclosure veto for adoptions initiated after the effective date of the bill will indeed end in three years.

#3 The amendment gives original parents the right to veto access upon termination of parental rights. This includes both voluntary and involuntary termination. The law currently says that the original birth certificate is not sealed until an adoption is decreed. The amendment makes no mention of how fostered and adopted adults will be attended to if their birth record access is vetoed as the original birth certificate is their one and only certified record of birth.

#4 The amendment assigns adoption agencies the primary roles of educators regarding the disclosure veto and gate-keepers for records pertaining to an adopted person's pre-adoption identity.

#5 The amendment legally compels original parents to release their personal health information.

PAR firmly holds that no adoptee be left behind and that we cannot negotiate away rights that are not ours to give. We cannot give up the rights of would-be vetoed adult adoptees or today's adopted and fostered youth. Original parents should not be forced to release private information. We ask only for what all other citizens have--for what is not considered a "privacy" issue for any other person regardless of family circumstance--a state issued original birth certificate.

September 16, 2014 Voting Hearing Vote Results

2014-09-17T18:52:00.002-07:00

On September 16, 2014, the Senate Committee on Aging and Youth held a voting hearing for HB 162. The votes were as follows:

Contact Preference amendment - Wagner (supported by Rep. Benninghoff):
Yeas: Mensch, Schwank, Wagner
Nays: Argall (proxy), Baker, Scarnati (proxy), Stack, Vogel, Vulakovich, Wiley, Yudichak

Denial of Release amendment – Mensch:
Yeas: Argall (proxy), Baker, Mensch, Scarnati (proxy), Schwank, Stack, Vogel, Vulakovich, Wagner
Nays: Wiley, Yudichak

Approval of HB 162 with the Mensch amendment:
Yeas: Argall (proxy), Baker, Mensch, Scarnati (proxy), Schwank, Stack, Vogel, Vulakovich, Wagner
Nays: Wiley, Yudichak

The amended bill can be located at this link. The final vote can be viewed at this link.

House Bill to Restore Birth Certificate Access to Pennsylvania-born Adult Adoptees Passes Senate Committee with Amendment Added

2014-09-16T16:54:00.002-07:00

For immediate release

HARRISBURG, PA—September 16, 2014

A bill that would allow adult adoptees to access their original birth certificates was passed by the Pennsylvania Senate Aging and Youth Committee with an amendment that would leave many without access.

“We have an incredible opportunity for our great commonwealth to implement a strengths-based policy that honors the dignity of adopted people,” says Amanda Woolston, founder of Pennsylvania Adoptee Rights (PAR). “The amendment made today shows us more education is needed on this issue."

Introduced by Rep. Kerry Benninghoff (R-Centre County, 171st Legislative District), HB162 passed unanimously through the House Committee on Children and Youth, without amendments, in October 2013. Amendment A09414 would put into place a three-year window during which original parents could file a “Denial of Release” form that would bar the adoptee from accessing the original birth certificate.

Amendment A09414 allows original parents to determine if an adoptee can have access or not. In contrast, non-adopted adults born in the Commonwealth do not need parental consent to obtain their birth certificates. This means that Amendment A09414 calls for adult adoptees to be treated differently under law from all non-adopted adults. As such, PAR does not endorse HB162 with Amendment A09414 but intends to continue working with legislators to draft a bill that honors the rights of adoptees to be treated equally under law to non-adoptees.

When a child is adopted in the state of Pennsylvania, the adoptee's original, factual birth certificate is altered--or amended--to make it appear as though the adoptive parents actually gave birth to the adoptee. There is no indication on the amended birth certificate that an adoption even took place. The original, factual birth certificate is sealed away and not legally recognized. Currently, Pennsylvania-born adult adoptees (age 18+) are not allowed to access their original birth certificate. In contrast, all non-adopted adults born in Pennsylvania can obtain a copy of their original birth certificates through a simple request process.

Prior to 1984, adult adoptees born in Pennsylvania were able to access their original birth certificates just as all non-adopted adults who were born in Pennsylvania. This equality under law changed upon the enactment of Act 195, The Adoption Act of 1984, which took away the right for adult adoptees to obtain their original birth certificates. Because of The Adoption Act of 1984, all Pennsylvania-born adult adoptees have been treated differently from all Pennsylvania-born non-adopted adults under law for over two decades.

PAR is a grassroots group of adult adoptees, original families, adoptive families, and allies who share the common goal of influencing positive legislation that restores original birth certificate access to adult adoptees born in Pennsylvania.

For more information on HB 162 and to view the guide to adoptee rights in Pennsylvania, visit pennsylvaniaadopteerights.org.

CALL TO ACTION: Last Chance to Contact Committee Members and Attend Vote Hearing

2014-09-14T06:02:00.003-07:00

Action #1

HB 162 is scheduled to be voted on by the Committee on Aging & Youth on Tuesday, September 16, at 10:00. We encourage all supporters to attend. Click here for the event page. Click here for driving directions and map.

Action #2
Please call each of the committee members by Monday to offer support for HB162. Even if you called over the summer, please call again.

Keep it simple. No long personal stories. “I am asking for your support of HB 162.”
HB 162 would restore to PA-born adoptees a right they had until 1984.
The contact preference amendment has been working with great success in several states for several years. It will work in PA.
Senator, you have the potential to change thousands of lives for the better.

Sen. Vulakovich 717-787-6538

Sen. Wagner 717-787-3817

Sen. Wiley 717-787-8927

Sen. Scarnati 717-787-7084

Sen. Argall 717-787-2637

Sen. Baker 717-787-7428

Sen. Mensch 717-787-3110

Sen. Vogel 717-787-3076

Sen. Schwank 717-787-8925

Sen. Stack 717-787-9608

Sen. Yudichak 717-787-7105

Maine's Law & HB162: Talking Points with Legislators

2014-05-03T21:26:00.001-07:00

Our latest update on HB162: the Senate Aging and Youth Committee is considering Maine's Law as an amendment to HB162. PAR supports this direction and has long suggested that Maine's Access Law be instituted as model legislation in Pennsylvania and throughout the remaining U.S. states that do not allow adult adoptees equal access to their original birth certificates. You can read the text of Maine's Law here.

The basics of Maine's Law

Adult adoptees are granted the same access to their original birth certificates as those who are not adopted.
Original parents may file a contact preference form that is given to the adult adoptee to inform them of the parent's preference for contact.

What Maine's Law does:

Restores equality to adult adoptees under the law that does not impose additional legal barriers to their original birth certificate that are not faced by anyone else.
Informs adult adoptees of their original parents' boundaries for contact and allows original parents the opportunity to state their boundaries for contact.

We encourage HB162 supporters to continue contacting committee members and let them know about Maine's Law.

Continue to Contact your Senators in Support of HB162

2014-04-23T16:32:00.004-07:00

Senate Aging & Youth Committee

Email:
Bmensch@pasen.gov
washington@pasenate.com
kward@pasen.gov
jscarnati@pasen.gov
dargall@pasen.gov
lbaker@pasen.gov
SenatorSchwank@pasenate.com
stack@pasenate.com
yudichak@pasenate.com
evogel@pasen.gov
rvulakovich@pasen.gov
swagner@pasen.gov

Phone:
Senator Bob Mensch 717-737-3110
Senator LeAnna Washington 717-787-1427
Senator Kim Ward 717-7787-6063
Senator Joseph Scarnati 717-787-7084
Senator David Argall 717-787-2637
Senator Lisa Baker 717-787-7428
Senator Elder Vogel 717-787-3076
Senator Randy Vulakovich (Chairperson) 717-787-6538
Senator Judith Schwank 717-787-8925
Senator Michael Stack 717-787-9608
Senator John Yudichak 717-787-7105
Senator Scott Wagner 717-787-3817

PAR Response to Recent Philadelphia Inquirer Story on Adoptee Rights

2014-02-24T12:55:00.001-08:00

We have received correspondence from activists attempting to clarify information given about adoptee rights history in Pennsylvania recently reported by The Philadelphia Inquirer. Specifically, people are asking why does the article state that “records” were sealed in 1925 to “preserve birth parents’ anonymity” and that before 1985, adoptee OBC access was due to a “loophole?"

Simply put, this information is incorrect. In 1925, records pertaining to adoptions were sealed to prevent them from being inspected by the public. OBCs were never withheld from adoptee inspection, nor was this the intention of the 1925 law. As such, there was no birth parent “anonymity.”

Attempts to restrict adoptee OBC access began in the mid-1970’s with inquiries made to the Pennsylvania Attorney General’s Office requesting that the Attorney General find that the law contained a “loophole” allowing OBC access. The PA Attorney General made no such finding. In fact, in 1978, the Attorney General released an official opinion stating that Vital Statistics Division was following the law as intended.

“In practice, the original birth certificate is never impounded by the court when an adoption is finalized because the Vital Statistics Division only releases information from or a certified copy of the original birth certificate and is not authorized to ever release the original birth certificate itself. Since the original birth certificate remains with the Vital Statistics Division, the Division can allow access to it when specifically authorized by statute to do so, as by Section 603(c).”

In short, up until 1985, Pennsylvania was one of three states (Pennsylvania, Alaska, and Kansas) that had never sealed the original birth certificates of adoptees. This was not a “loophole.” This was best practice.

--Amanda H.L. Transue-Woolston, for PAR

HB162: This is How Far We've Come

2014-02-23T15:03:00.000-08:00

Recently, someone asked us if passing a bill always takes this long. HB 162 has had quite a journey. Typically, the Pennsylvania General Assembly sees anywhere from 5,000 to 8,000 (or more!) bills drafted each session. The volume of bills alone means that not all of them are heard--or passed--right away. This is why it is so important to celebrate the strides that the Pennsylvania adoption community has made with HB 162. We have come very far and still have quite a ways to go.

--Amanda H.L. Transue-Woolston, for PAR

HB162 to Receive Hearing in Senate Aging & Youth Committee March 18th

2014-02-19T20:30:00.002-08:00

The Senate Aging & Youth Committee will be holding a hearing regarding House Bill 162 on Tuesday, March 18, from 10 am to noon. Details forthcoming.

Please continue to reach out to your Senators to encourage their support of this important bill.

House Bill to Restore Birth Certificate Access to Pennsylvania-born Adult Adoptees Passes Committee

2013-10-22T15:21:00.000-07:00

For immediate release
HARRISBURG, PA—October 21, 2013

A bill that would allow thousands of adult adoptees to access their original birth certificates passed through the House Committee on Children and Youth on Wednesday, Oct. 16. Introduced by Rep. Kerry Benninghoff (R-Centre County, 171st Legislative District), HB 162, if passed into law, would restore the rights of Pennsylvania-born adult adoptees, age 19 or older, to obtain their original, factual birth certificates.

"Pennsylvania Adoptee Rights commends the consideration and efforts made last week by the House Committee on Children and Youth," says Amanda Woolston, founder of Pennsylvania Adoptee Rights. "The collective message is clear. Pennsylvaniacares about providing birth record access to the citizens born within its boundaries. We are confident that this positive momentum will continue as the bill moves to the House.”

As HB162 would allow adult adoptees to access their own original birth certificates at age 19, Pennsylvania Adoptee Rights (PAR) does not consider it to be an equal rights bill. Non-adopted adults born in the Commonwealth can obtain their birth certificates at age 18. This means that HB162 calls for adult adoptees to be treated differently under law from all non-adopted adults. Pennsylvania Adoptees Rights considers HB162 to be an extremely positive step in the right direction but does not endorse the bill as being one of equal rights.

Now out of committee, HB162 will move on to the House of Representatives for consideration. The outcome of this next step will then determine if the bill will continue on to the Senate. Pennsylvania Adoptee Rights encourages all legislators to closely consider the thoughtful, affirming votes offered by committee members when making decisions on this civil rights bill.

When a child is adopted in the state of Pennsylvania, the adoptee's original, factual birth certificate is altered--or amended--to make it appear as though the adoptive parents actually gave birth to the adoptee. There is no indication on the amended birth certificate that an adoption even took place. The original, factual birth certificate is sealed away and not legally recognized. Currently, Pennsylvania-born adult adoptees (age 18+) are not allowed to access their original birth certificate. In contrast, all non-adopted adults born in Pennsylvaniacan obtain a copy of their original birth certificates through a simple request process.

Prior to 1984, adult adoptees born in Pennsylvaniawere able to access their original birth certificates just as all non-adopted adults who were born in Pennsylvania. This equality under law changed upon the enactment of Act 195, The Adoption Act of 1984, which took away the right for adult adoptees to obtain their original birth certificates. Because of The Adoption Act of 1984, all Pennsylvania-born adult adoptees have been treated differently from all Pennsylvania-born non-adopted adults under law for over two decades.

PAR is a grassroots group of adult adoptees, original families, adoptive families, and allies who share the common goal of influencing positive legislation that restores original birth certificate access to adult adoptees born in Pennsylvania.

For more information on HB 162 and to view the guide to adoptee rights in Pennsylvania, visit pennsylvaniaadopteerights.org.

Press Contact:

Julie Stromberg
PennsylvaniaAdoptee Rights
JulieStromberg@pennsylvaniaadopteerights.org
717-819-1831

PAR Celebrates a Successful Hearing, July 17, 2013

2013-07-19T22:14:00.000-07:00

Pennsylvania Adoptee Rights would like to extend its deepest appreciation to the Children and Youth Committee for their hearing on HB 162 on July 17, 2013. We have received overwhelming feedback from the Pennsylvania adoption community that the atmosphere of the hearing was moving and brought many to tears. This hearing represented a long awaited recognition of the rights of adoptees born in PA and we were thankful for the opportunity that many who represent PAR were able to testify and attend.

To our supporters we are pleased to provide you with encouraging news that not one legislator expressed opposition to this bill during the hearing. Every legislator who spoke expressed their concern and willingness to learn about this issue.

PAR would like to thank Chairwoman Watson, Chairwoman Bishop, and Representative John Lawrence who chaired this hearing for their hospitality.

We expect that this bill will move forward in the fall.

House bill will restore birth certificate access to Pennsylvania born adoptees

2013-01-16T20:59:00.001-08:00

For immediate release

YORK, PA--January 17, 2013--A bill currently available for consideration by the Pennsylvania House of Representatives, if passed, would result in thousands of adult adoptees realizing equal treatment under law when it comes to their birth certificates. Introduced by Rep. Kerry Benninghoff (R-Centre County, 171st Legislative District) and currently co-sponsored by 22 of his colleagues, HB 162 would restore the rights of all Pennsylvania-born adult adoptees to obtain their original, factual birth certificates.

"Pennsylvania once had one of the top three laws in the country when it came to this issue," says Amanda Woolston, founder of Pennsylvania Adoptee Rights. "Legislators can help our great State lead again by supporting this bill that takes an equality-focused approach to adoptees, rather than a problem-focused approach."

When a child is adopted in the state of Pennsylvania, the adoptee's original, factual birth certificate is altered--or amended--to make it appear as though the adoptive parents actually gave birth to the adoptee. There is no indication on the amended birth certificate that an adoption even took place. The original, factual birth certificate is sealed away and not legally recognized. Currently, Pennsylvania-born adult adoptees (age 18+) are not allowed to access their original birth certificate. In contrast, all non-adopted adults born in Pennsylvania can obtain a copy of their original birth certificates through a simple request process.

Prior to 1984, adult adoptees born in Pennsylvania were able to access their original birth certificates just as all non-adopted adults who were born in Pennsylvania. This equality under law changed upon the enactment of Act 195, The Adoption Act of 1984, which took away the right for adult adoptees to obtain their original birth certificates. Because of The Adoption Act of 1984, all Pennsylvania-born adult adoptees have been treated differently from all Pennsylvania-born non-adopted adults under law for over two decades.

Pennsylvania Adoptee Rights (PAR) fully supports HB 162 and Rep. Benninghoff. PAR is a grassroots group of adult adoptees, original families, adoptive families, and allies who share the common goal of influencing positive legislation that restores original birth certificate access to adult adoptees born in Pennsylvania.

For more information on HB 162 and to view the guide to adoptee rights in Pennsylvania, visit pennsylvaniaadopteerights.org.

Press Contact:

Julie Stromberg
Pennsylvania Adoptee Rights
JulieStromberg@pennsylvaniaadopteerights.org
717-819-1831