Debunking Adoptee Rights Myths
Misinformation about adoptee access to original birth certificates in California persists, rooted in outdated laws and social stigmas from another era. It’s time to get the facts straight: open records matter, and accurate information creates fairer policies for all. Nature and nurture are not opposites but parts of the same story. Everyone deserves to know their own story.
Change often meets resistance from those invested in the current system, yet history is clear: before other states and countries opened records, there was no data on the impact. Now, decades of evidence prove that access works. Denying people knowledge of their family of origin for a lifetime was a failed experiment. California must not continue to infantilize adopted adults.
It’s time to put the myths to rest.
Common Myths and Facts
Myth: Adoptees want to disrupt birth families by accessing their original birth certificates.
Fact: Most adoptees seek their original birth certificates for personal identity, medical history, and peace of mind, not to disrupt or interfere in birth families’ lives. Accessing documents grants information, not relationships. Further, some 95% of birth mothers want their children to have access to their OBC and don’t want the government using a claimed right to privacy for birth mothers as a guisefor maintaining institutional secrecy. A birth certificate is not a certificate of ownership, neither by parents nor by the state, but, rather, is a certificate of our birth and belongs to the person whose birth it records. Birth parents always have the right to decline interactions.
Myth: Open records violate the privacy of birth parents.
Fact: Issuing an original birth certificate to an adoptee or their descendants does not publicly disclose it. Only the adoptee or their descendants can request their own record, preserving everyone’s privacy. It is important to note that unfortunately the institution of adoption in America, especially private adoptions, has confused an alleged right to privacy with state sanctioned secrecy that arose due to outdated stigmas surrounding illegitimacy, poverty, and infertility. In reality, privacy was never promised by either the state nor relinquishment papers. There are also no laws giving a person anonymity from their offspring. Birthmothers groups once silenced by stigma and shame are now able to voice that they do not want the government acting to “protect” them and in fact favor open records. See the Advocacy page for their stories. They want to know what happened to the child lost to adoption. In addition, science has also made obsolete the 1935 decision to seal original birth certificates away to essentially “hide the evidence.” Through DNA testing and ensuing family whisper campaigns, an adopted person can get much of the information listed on an original birth certificate. It is, however, discriminatory and demeaning to force adults, who are denied access through no actions of their own, to have to submit to this type of testing. Open records makes DNA testing unnecessary and allows for private interactions should the adoptee chose to reach out to others.
Myth: California law already allows adoptees to access their original birth certificates.
Fact: Current California law severely restricts access. Most adult adoptees cannot obtain their original birth certificates without a court order, unlike non-adopted Californians. A court order requires a showing of good and compelling cause, which is not defined, and an order is rarely granted.
Myth: Unsealing records will increase abortion rates or reduce adoption.
Fact: Decades of research from states with open records show no connection between access to birth certificates and rates of abortion or adoption.
Myth: Adoptees are treated equally under the law.
Fact: Adoptees are the only Californians routinely denied access to their original birth certificates, creating an unequal legal status compared to non-adopted citizens.
See Georgia Alliance for Adoptee Rights page for Myths , which contains additional myths that have been debunked by states that have instituted adoption reform and recorded hard data from studies following their change in legislation.
Why Myths About Adoptee Rights Persist
Historically, adoption records were sealed in the mid-20th century under the belief that secrecy would protect the child and the adopting parents. This legal approach, influenced by outdated social norms, fostered the notion that adoptees do not need or deserve access to their original identities. They were blank slates. Over time, these beliefs became entrenched in both policy and public consciousness. Many people, including lawmakers, are unaware that unsealing original birth certificates for adult adoptees poses no threat to privacy or family integrity. Instead, existing laws are frequently misinterpreted, reinforcing the misconception that maintaining closed records is necessary for protecting birth parents or adoptive families.
Social factors also contribute to the persistence of myths. Previously held beliefs leading to stigma surrounding adoption, infertility, lack of education about adoptee experiences, and ongoing misinformation in popular media all play a role. All of these myths are based on views no longer held today. We know that babies are not blank slates. We know that biological and cultural identities are important. The well-being of an adoptee is jeopardized due to their lack of knowledge about their birth family’s health history. Being denied the ability to learn about ones biological roots can lead to improper preventive care, diagnosis, and treatment, further marginalizing an adoptee and placing them and their descendants at a disadvantage compared to the rest of society. Access to one’s biological and historical past is integral to one’s identity, and critical for both physical and mental health. In addition, without the OBC to prove their biological heritage, adoptees may be denied membership in groups to which they rightfully belong (such as Native American tribes), a painful consequence of not being able to access what is rightfully theirs, the paper that evidences their true identity. There may be multi generational harm resulting from a lack of family health history as well as from the inability to learn of and identify with one’s cultural and biological identity. We must end the era of shame and secrecy and move forward to a new day where truth and transparency are best practices.
Further Reading and Advocacy Resources
Empowering yourself with accurate information is essential to advocate for adoptee rights and adoption law reform in California. We encourage you to explore reputable resources that provide clarity on open records, birth certificate access, and legislative developments.
For those seeking to deepen their understanding or take action, our recommended readings and advocacy materials offer in-depth analysis, real stories, and practical tools. These resources are valuable for adoptees, legislators, and supporters committed to restoring fundamental rights.
Stay informed and join the movement to ensure every California adoptee has access to their original birth record. For legislative updates and opportunities to get involved, visit our Legislative Updates page. For community support and guidance, explore our Support section.