Did you know that not all persons over the age of 18 who were adopted in the Commonwealth of Massachusetts may access their original birth certificates without court intervention, or going on a “search?” Why? Currently, M.G.L.ch 46 s. 2B prevents those adoptees that were born between July 17, 1974 and December 31, 2007 from accessing their original birth certificates, which was on record prior to the finalization of their adoption. However, this could change soon.

Pending before our legislative bodies are two bills, a Senate version and a House version, reproduced below. Each seeks to expand birth certificate access for all adoptees over the age of 18 who were born in the Commonwealth.

Bill S. 1144
An Act relative to equal access to original birth certificates.
Section 2B of chapter 46 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 3, the words “on or before July 17, 1974 or on or after January 1, 2008” and by striking out in lines 4 and 5, the words “on or after January 1, 2008.”

Bill H. 2045
An Act granting equal access to original birth certificates to all persons born in Massachusetts.
SECTION 1. Section 2B of chapter 46 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 3, the words “on or before July 17, 1974 or after January 1, 2008” and by striking in lines 4 and 5, the words “on or after January 1, 2008.”

Opponents of the Bills claim that birth mothers who gave birth in Massachusetts between July 17, 1974 and January 1, 2008 were promised confidentiality, and the passage of these bills would break that promise. That premise is false. For example, any adoptee over the age of 18 may petition the Probate and Family Court to access his original birth certificate. Second, the Adoption Surrender is silent as to any confidentiality. And third, hundreds of birth parents have found by their children by way of the internet.

Why must M.G.L.ch 46 s. 2B be amended? Notwithstanding that the statute violates the 14th Amendment to the U.S. Constitution, the Equal Protection Clause; there are many diseases and conditions linked to genetics. Biological family medical history is critical to prevention, early diagnosis and treatment. Denial of adult adopted persons’ access to information related to their births and adoptions has potential disastrous consequences.

What can you do to help?

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