Grievances
The following is a list of grievances regarding closed-record terminal- adoption
laws.
Adoptee rights are primarily considered, however, other positions on parental
and state interests should be submitted.
This is a work in progress..
State- sponsored secrecy regarding adopted status violates the first
amendment right to petition the government for redress of grievances by
hiding a potentially actionable personal fact and unjustly constraining the
exercise of that right. (This point applies to most personal information and
is basis for a fundamental "right to know". The right to "personal
information" represents a natural evolution of first amendment rights in an
age of information which will insure that human events are carried out in
healthy, ethical, humane and legal fashion.)
State- sponsored secrecy regarding adopted status violates due process
wherein existing rights and protections are removed without any offense on
the part of the relinquishee.
State- sponsored secrecy regarding adopted status violates due process in
placing a presumption of guilt and prior restraint upon relinquishees, there
natural families and upon all their future generations preventing or greatly
impeding legal, proper and truthful knowledge, speech and associations among
free people.
State- sponsored secrecy regarding adopted status violates the right to
peaceably assemble where suppression of personal information prevents or
impedes legal speech and associations among free people.
The states employ a damaging "suspect classification" upon "obvious,
immutable and disturbing" features of adoptees.
Familial strife or separation is "obvious" to the states, courts and
individuals partaking in the discriminatory practices.
Genetic identity and relatedness of relinquishees is "immutable".
And it is well known that many people hold familial isolation, closed
Adoption, open adoption, or adoptee searches as "disturbing".
Completing suspect classification is the political powerlessness of
Adoptees and the many rights compromised by the classification.
While the courts hold that birth status (illegitimacy) is not grounds for
Discrimination, the states impose "adopted" status (an exlegitimacy) as a
Basis for discriminatory treatment. The states sanction adoptees based on
Terminated and or adopted status. This constructed "illegitimacy" is equally
Discriminatory and entirely based on the acts and biases of others.
State law mandating suppression "except for good cause" violates the adoptee
Right to due process and equal protection in being too vague and subject to
Arbitrary interpretation.
The states fail equal treatment of adoptees in many cases by issuing unequal
Birth records not valid for matters such as obtaining a passport.
The states violate the right of privacy by sequestering and falsifying
Personal information and imposing upon adoptees a life completely separated
From all hereditary bonds and a shameful, intolerant atmosphere of secrecy.
The states produce fraudulent or deceptive records of birth violating
Adoptee's equal state and constitutional rights to know of legal proceedings
Against them.
The states violate Equal treatment with regard to accuracy, completeness and
originality of available state sponsored personal and public information.
The states violate basic liberties supporting views, practice and policy
regarding adoptees as "property" and upholding adoption as the constructive
sale of humans + anonymity in exchange for service of childcare.
Mandated "closed records" violates 13th amendment baring involuntary
servitude by presenting unreasonable and unnecessary spiritual and communal
demands upon the adopties.
The states violate due process by imposing "best interests" (sic)
restrictions upon which adoptee interests may be considered and
unconstitutionally favoring deprivation of rights to personal information
and kinship.
The states fail freedom of religion violating fundamental and established
beliefs and practices in which heritage, relatedness and freedom of familial
Associations are vital for the personal, practical and spiritual conduct of
"life, liberty and the pursuit of happiness".
The states violate equal protection of parental custody and visitation laws
applied non-adopted people.
Legislative enactment of secrecy regarding adopted status violates
constitutional separation of powers wherein legislated suppression may
impede or prohibit knowledge necessary to "petition for redress of
grievances" in another other branch of government.
The states commit unreasonable seizure of personal information. Such
information is both joint and several intangible properties which is
interpreted with regard to only one imbalance set of interests (favoring
secrecy), disfavoring the weaker and entirely innocent adoptee.
Effects on other parties:
Sealed adoption records violate the fundamental rights of liberty and
pursuit of happiness by preventing and impeding common, natural, legal
actions and associations of free people including those of countless future
generations.
Open adoption, as life choice, is effectively illegal in the United States.
The states force closed records and termination (violation) of innate
personal heredity. These human rights abuses cannot exist without an impact
on society. Suppressed records policy promotes:
fraud, coercion and abuse.
degradation of family values.
views of children as property.
devaluation natural family bonds.
unhealthy denial in adoptive families.
limited care options for children in institutions.
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