Prior to 1977 it was easy for Louisiana adoptees to obtain their original birth certificates; but then the law changed.
In theory, the idea was to protect the anonymity and confidentiality of birth parents, but some lawmakers argue the basis of the 1977 law was to protect adopted parents and children.
The result is—it’s extremely hard for adopted kids to get their own birth certificates.
Now, a proposed new law wants to make it easy for adoptees 24 and older to get that original document.
Rep. Alan Seabaugh, R-Shreveport
“It’s about your vital records,” said Shreveport State Representative Alan Seabaugh, in a speech on the House floor, “it’s about Representative Owen’s vital records. His name is on a birth certificate out there he can’t see. Think about that; it’s his; it’s got his name on it; but he can’t see it—because the state says you can’t.”
Seabaugh was referring to a Louisiana law, created in 1977, that prohibits adopted children from obtaining their original birth certificates.
Rep. Charles Owen
Representative Charles Owen, who is adopted, is attempting to change that with HB450.
“So, what HB450 attempts to do,” explained Owen, “is allow a grown person the right to see their original birth certificate—which right now is sealed in New Orleans to a large degree.”
The birth certificates aren’t totally closed off—just extremely hard to obtain.
“In 1977 when they changed the law,” said adoptee advocate Elise Lewis, “they did not close down access, they just made it more difficult because you have to hire a lawyer to petition the state. So, it’s a very burdensome process; it’s a very costly process; and it’s a process no other citizens have to go through. It’s only adopted people who have to go through this.”
“Louisiana Right to Life” – admired by both Owen and Seabaugh—opposes Owen’s bill.
“For 45-years,” said Ben Clapper, the Director of Louisiana Right to Life, “Louisiana has promised confidentiality to birth mothers in adoptions. HB450 would pull the rug out from under those birth mothers who have confidently and courageously chosen life for themselves and their child.”
Owen maintains DNA, social media, and the internet—are game changers.
“So, there’s no real expectations of privacy anymore,” Owen said, “what we have now is the government maintaining a secret on people.”
“DNA… social media… and the internet as it exists today—there’s no privacy for any of us.” Lewis said.
There may be other reasons for opposing HB450.
“Now, we never said abortions are going to skyrocket because of this,” said Clapper, “but in those individual circumstances where a birth mother feels the easiest route to confidentiality is an abortion, confidential adoption needs to be there and available for that birth mother, as an alternative to abortion.”
“They keep proffering up the notion that this bill could possibly encourage abortion and could also discourage adoptions.” Owen said.
“This is not an abortion issue.” Said Seabaugh.
Opponents of HB450 also argue, it asks for more.
“We’ve had some people on the opposition tell legislators that we’re getting all of our adoption records,” said Lewis, “we’re not.”
“I want people to have their birth certificates,” said Owen, “that is all.”
House Bill 450 has made it through a senate committee and now heads to the full senate floor, possibly as soon as tomorrow. If passed, adoptees at the age of 24 will be able to access their original birth certificates without consent from their biological parents.
