Though it has been a controversial subject whether it is ok to seal adoption records or not, as long as current adoption laws in the United States of America is concerned, the original record (such as birth certificate) of the child and the birth parents are sealed when someone adopts a child. None of the parties, including the adoptive parents, birth parents, and even an adult adoptee, can access these records without court orders. This happens in extreme situations, such as when there is a medical emergency. People though have now started speaking out against these legal provisions that prohibit an adult adoptee to get access to his/her own birth records.
The Records Cannot Be Accessed Even With The Consent Of All Parties
Some people have the false assumption that if all parties give their consent, the records may be unsealed. This is not true in most states. Nothing of this sort happens if there is no court order. As per adoption laws, anybody who is trying to access this record must first provide evidences to support that there is a compelling need to unseal the records.
Permanent Sealing
The birth information of the adopted child is sealed permanently. Even a 50-year old man or woman cannot access the records. Because of these strict laws, an adult adoptee who wants to reunite with his/her birth parents feels a deep sense of loss. As per latest surveys, the majority of people is against these laws and finds it inhuman and unethical. For them, these laws seem to service no public interest.
What The Lawmakers Say In Defense?
Though there are people who think adoption laws regarding sealing of birth records serve no public interest, the law authorities defend these legal provisions by stating that the absence of these laws can result in disorders in personal lives of the same people who are speaking out against these laws. As per them, the main objective is to protect the identities of the birth parents because when the process of adoption occurs most of these parents want to conceal their identities forever.
Equal Protection Clause And The Controversy
The controversy regarding these adoption laws gets more flame with the very fact that there is an Equal Protection Clause of the Fourteenth Amendment in place. If the Equal Protection Clause is taken into consideration, it seems the lawmakers have been racial toward adoptee children because no other class of people has such restriction that prohibits them from accessing their own original birth records.
Recently, a class action lawsuit has also been filed in the Supreme Court of the United States of America, where it has been claimed that the adoption laws to seal birth records of the adoptee child is a violation of the Equal Protection Clause of the Fourteenth Amendment.