Conflicts in Government Requirements Demonstrate Need for Adoptee Rights Bills

Post 911, the Homeland Security Act tightened up regulations for American’s obtaining passports.

One of the requirements is  to “Submit Evidence of U.S. Citizenship“. For  that, the choices for Primary Evidence of U.S. Citizenship  are as follows:

• Previously issued, undamaged, and fully valid U.S. Passport (5 year for minors or 10 years for adults)
• *Certified U.S. birth certificate (must meet all of the following requirements):
  • issued by the City, County, or State of birth
  • Lists bearer’s full name, date of birth, and place of birth
  • Lists parent(s) full names
  • Has date filed with registrar’s office (must be within one year of birth)
  • Has registrar’s signature
  • Has embossed, impressed, or multicolored seal of registrar
• Consular Report of Birth Abroad or Certification of Birth
• Naturalization Certificate
• Certificate of Citizenship

The average person, especially if they do not already have a passport, will submit a birth certificate as proof of US citizenship. This one line, added post 911, is what is causing many adopted citizens in the US, some  trouble:

Has date filed with registrar’s office (must be within one year of birth)

While adoptees in the USA are issued an Amended  Birth Certificate (ABC) when their adoptive parents finalized the adoption, often the ABC is not within a year of birth.  Sometimes, due to the age of the child when the child was relinquished, sometimes  due to courts and state adoption laws, time goes by between birth and the legal finalization.  An ABC is issued for all adoptions including children adopted from foster care and step-parent adoptions and in those case, the date of the new birth certificate issued is almost always after the first year.

Because the ABC is not considered valid proof of US citizenship, often the passport authorities will tell an adoptee to file for their OBC. Yet, the majority of adult adopted citizens in the USA are still legally denied access to their OBC due to archaic  sealed records laws.

Adult US Citizens Having Trouble Obtaining Passports Because they Are Adopted

This is the story of Jennifer Fahlsing.

Jenifer is an adoptee from Indiana; born in 1963. She still lives in Indiana. Indiana  is a closed, or sealed, records state which means that an adoptee, such as Jennifer, is legally denied access to their Original Birth Certificates  (OBC) like much of the USA.

Now before you read Jennifer’s story keep this in mind; most legislators and the opposition to Adoptees Rights Legislation will say it because “birthmother’s were promised confidentiality.”   The fear is that if an adult, who was adopted as a child, has access to their legal documentation, they will go off and contact their birthmothers who have “moved on” and do not have any desire to see their relinquished child ever again. These fears are unfounded, debunked,  and also based on untrue mythology, but what must be mentioned here is that Jennifer had already found her original mother and was in a relationship with her even without having access the document that had birth their names on it.

This is what Jennifer had to go through to get a US passport because she is adopted.

Separate Requirements for Adopted Persons? Is That Fair?

“I knew from my brother’s experience of getting a passport in 1972, it wouldn’t be easy. Back then my parents had his adoption decree and it took a long time. Somewhere through marriages, divorces and moving our adoptive parents “lost” our adoption papers.

On February 11, 2014, after reading the requirements on the State Department’s website it was unclear as an adoptee how I would meet the requirements so I called the information number.

Once I explained to the customer service representative,  I was adopted he put me on hold to go retrieve the regulations for adopted applicants.

I was told I needed to provide:

(1) My OBC:  I told him I live in Indiana, a sealed records state, and could not provide that document. I did attempt to obtain my OBC. My first mom and I wrote a petition to the judge and provided all the documentation and State Dept request, but we have not heard back from the court.

(2) My ABC plus Adoption Decree showing my biological parents names and that the adoption was finalized before my first birthday. I told him I could provide the ABC, but my adoption was not finalized until I was 13 months old and my first mothers name is redacted. He seemed stumped,  but told me to try submitting those documents anyway.

As an alternative I could provide a combination of a statement / interview by two elder blood relatives; affidavit by the doctor who delivered me (he’s been deceased for years); and other various documents prior to my fifth birthday such as school records, baptismal certificate, family bible, etc. “

Now mind you, our state legislators are the ones who are fearful of adoptees making  contact with their original families via the information on the OBC, but then the same government requires that adoptees have the names of the same on the adoption decree or know their blood relatives to prove their citizenship in light of not being able to access the OBC. How can it be “dangerous” to have the name and then required to have the name? They fear adoptees searching for blood relatives and then want them to have sworn statements from the same blood relatives?

Back to Jennifer’s story:

“I gathered up all the documents I collected in the search for my mom and took them to the US Post Office on February 12th; my ABC, Redacted Adoption Decree, Indiana Dept of Health Non-Identifying Information Letter, Driver’s License, and completed Passport application.

The Postmaster reviewed my application and documents and asked me to make an appointment for the following day.

 I returned to the Post Office on February 13th for my appointment.

I was told they called the Chicago office to verify the documents I need to provide and that they felt I had a good chance of being approved,  but to never let my passport expire when I received it.

Together we went through each document and the Postal employee made detailed notes on the application of each deviation from the requested documents. “

Jennifer was actually very lucky that the Pastmaster bothered to take the extra time to make sure that the substituted information was noted. Many times, the person on the other side of the counter  is downright confused by the adoptee’s documents and cannot understand why they simply cannot get the required documents just like any other person in the USA. For most citizens, to obtain a certified copy of one’s birth certificate, all one needs to do it fill out an online form and pay a small fee. Unless, one is adopted.

“He felt it was better to highlight the area of possible contention than to attempt to gloss over them.

(1) ABC ,not OBC

(2) Redacted Adoption Decree, not the original. Plus my name was incorrect throughout the entire body of the decree, but was correct in the heading.

(3) I provided my State Department of Health Non-Identifying Information document which is not a requested or approved passport document, (but the only thing allowed to an Indiana adoptee by the state.)

I was told to check the status online in 5 to 7 days.

On February 18th, I drove back to the town I was born and my first mother and I visited the court house in an attempt to get a clean copy of my adoption decree.

We were told we would need to write a petition to the judge and provide proof that she was my biological mother named in the decree. “

Again, how is one supposed to prove the mother and child relationship with out the document that is supposed to provide that information?  The birth certificate is the document that proves that one is a biological mother. It is sealed to both the adoptee and the birth mother. No one can access it.

“We wrote the letter mentioning I was trying to satisfy the documentation requirements for a Passport along with the fact he had already granted me a copy of my redacted decree in December 2013. To supplement this petition,  we included my biological mother’s birth certificate and a copy of her driver’s license.

February 25th, I checked the application status online and it was not found.

Needing to put a deposit down on a trip, I called the State Department once again.

A woman said they had my application but it was still being reviewed and I should be expecting a letter telling me what other documentation I needed to provide. I did not put money down on the trip because I was not certain when or if I would be approved.

March 4th, I went online again to check the status and still no record was found.

 I called the State Department once again and was told they do have my application and it was still in review.

He asked me a few question pertaining to the date of finalization and then told me I would be approved.

I should have my passport by the end of April 2014.

Not only am I an adoptee,  but I am also a first/birth mother and I am urging my son to get a passport now while his biological father and I are here to help him.

If I hadn’t found my first mother, petitioned the court for my decree and applied for my non-identifying information I would not have had the documentation necessary for a passport.”

Why should Jennifer have had to go through this process? Why should any adopted citizen have to fight the conflicting regulations put forth by their own government?

All because some people are afraid of what adopted adults  might do if they know the names of the person who gave birth to them.  They might get passports and go on vacation.

Here’s another Adoptee having to do go through the extra effort of proving their citizenship just to get a passport.

Adoptee’s also have issues getting driver’s licenses too. Really. Read about that, too.

Currently there Are Adoptee Rights bills pending in NY, GA, CO, CT, LA, PA, IO, and HI. A MA bill is forthcoming for the fall of ’14 and NJ just passed the house and senate and is waiting for Gov. Christie’s signature. Alaska, Kansas, Maine, New Hampshire, Oregon, and Alabama  allow unrestricted equal access to all adoptees over the age of 18.  In Rhode Island, they have restored access to all adoptees over the age of 25. Washington State,  Illinois, and Ohio now have had successful legislation introduced and passed most recently.  In every state that has allowed adult adoptees access to their Original birth Certificates nothing that was feared by the opposition has come to pass. Please consider contacting your state representatives and asking them to support the right of adoptees to go on vacation.

Please consider signing this petition: Demand states release original birth certificates to adoptees as proof of U.S. citizenship.