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February, 2000
Dear Representative :
As you read this letter, over 6 million adoptees are being denied their constitutional,
civil and human rights. In all but three states, adoptees are denied access
to their Original Birth Certificates as a result of Closed Birth Records Legislation.
The laws that seal these records are unjust, immoral and unconstitutional. As
an elected Member of Congress, we write to you today to officially request your
immediate action to correct these violations: as required of you by The United
States Constitution, your sworn Oath of Office, your standing as an official
of the Legislative Branch of the United States Government, and as a fellow American
Citizen.
The offenses brought about by Closed Birth Record Legislation include the violation
of the Constitutional Rights to: Privileges, Free Association, Free Speech,
protection of personal property from Illegal Search and Seizure, Due Process,
Liberty, and the pursuit of Happiness; as outlined in the United States Constitution
and The Bill of Rights. Adoptees’ and their families are also denied the
enjoyment of various social and cultural privileges such as Genealogical history,
and Tribal birth rights. These are gross injustices, but perhaps the most grievous
offense is that of the denial of adoptees’ and their children’s right
to Life.
Without an Original Birth Certificate, adoptees cannot obtain copies of their
birth and hospital records. This denies them of their own personal medical records,
which is against the law in all 50 states. Without an Original Birth Certificate,
neither the adoptee, nor any of their future descendants will have an opportunity
to possess a complete family medical history.
A complete family medical history is a crucial foundation for quality medical
care. Without it, genetically indicated preventative medicine, early testing
and early diagnosis, a quick and accurate diagnosis, decisions on the best course
of treatment, and ultimately, patient survival rate is severely impeded. The
secrecy of adoption is not superior to the right to life, as Closed Birth Record
laws indicate. Allowing these crucial records to be kept a secret, even from
those to whom they belong, trivializes and sacrifices these people’s lives.
Our opponents would have you believe that granting an adoptee their Original
Birth Certificate would generate an increase in the amount of abortions performed.
Statistics simply fail to prove that claim. The states that have always had
open records, Kansas and Alaska, have two of the lowest abortion rates in the
nation.
Another argument often raised is that of the “Constitutional Right to Privacy”
which is often claimed by a minuscule amount of Birthmothers. This is not a
right to privacy that they are claiming, it is a “right” to total
anonymity. The Supreme Court of the state of Tennessee ruled in 1998 that, “If
there is a federal familial right to privacy,” it did not extend to cover
the anonymity of a birthparent (106F.3d 703 (6th Cir. 1997)). Every citizen
is afforded a certain level of privacy. This is evidenced by the passing of
stalking laws that were written to protect this right. The granting of an Original
Birth Certificate at no time waives a Birthparent’s right to protection
and remedies afforded them for a true and legally defined violation of privacy.
We urge you to read over the packet we have provided. We then trust that you
will act immediately to assure that the rock upon which we base our Democracy:
The Declaration of Independence, The United States Constitution, and The Bill
of Rights; is not further eroded into the deepening abyss of oppression created
by these unjust laws. We are offering our assistance to you in this endeavor.
When the rights and privileges of any United States Citizen are abused or denied,
the rights of ALL American Citizens are in jeopardy. Protect our Country, our
Democracy, and our Families. Seek justice for those who have been offended,
and please help us to end this abuse, here and now. It cannot be allowed to
continue.
Most Sincerely,
The Members of ABORN: Adoptees and Birthparents for Open Records
