We had our second to last homestudy a few weeks ago. Our case worker kindly went over the finalization process and explained what would happen.
"You fill out this form and this one. Make sure to make three copies. Then you file with the court. They will give you a finalization date."
Nothing terribly out of the ordinary. Typical bureaucracy. I nodded along as I took careful notes.
"Then they will amend the birth certificate and put your name and your husband's name on it before they seal the old one."
The casualness of the statement stung. My pen paused and my mouth tightened almost imperceptibly. I held my tongue, which is certainly a challenge for me. But, in my head, I raged.
In the short time since we adopted my daughter, I have learned much about the adoption process. Olivia's adoption occurred so suddenly and quickly that I did not do my usual "research until you are annoyingly knowledgeable about the subject" that is so typical of the scientist in me.
In my original naivete, I did not think they still sealed adoption records. After all, most adoptions are open now, and this isn't 1950, right? When Livie's first parents helped us name her and our last name went on her original birth certificate, I ignorantly assumed there would now be no need to alter her birth certificate to change her last name. It wasn't until a month later that I found out, through my research, that this is not the case.
When our adoption is finalized, the court will amend Livie's birth certificate. Our names will be listed as her mother and father of birth and our county as her county of birth.
One of the first acts the state forces us to make as Livie's legal parents is to lie to our daughter.
I did not give birth to Olivia. Dan is not her genetic father. She was not born in our county.
After her amended birth certificate is issued and the adoption is final, Olivia's real birth certificate, her truth and heritage, will be sealed. She would have to petition the state to unseal it, and they can deny her request.
Of course, I have her original birth certificate, tucked away and kept safely for her. We have a completely open adoption and have no intention of keeping any of this from her. In a way, this makes me even angrier that we are forced to comply with a law that requires our complicity in what I consider fraud.
Fraud. That, oh State of California, is the "intentional deception made for personal gain or to damage another individual." What if we intended to keep Olivia's adoption a secret from her? What if we declined to share her truth? Legally, her history would be wiped from the slate, unavailable to her. Legally, I could maintain this lie forced upon us. Many have. That is also not a relic from the previous generation; there are indeed adoptive parents who keep their child's adoption a secret. The laws of our states enable parents to have this option.
I should not be granted that kind of power over another human being. The power to keep her from knowing one the most basic of human needs: Where did I come from? No one should be able to keep that a secret from another person, especially not through actual laws.
According to all-knowing
Wikipedia, a "birth certificate is a vital record that documents the birth of a child."
That is, unless you are adopted.
In that case, you get a
special "birth" certificate. "In the United States, when an legal adoption is finalized adopted, the government seals the original birth certificate and will issue a replacement birth certificate substituting the individual's birth name with the name selected by the adoptive parents, and replacing and birth parents' names with the adoptive parents. In those cases, adopted individuals are not granted access to their own original birth certificates upon request."
A "replacement birth certificate." I suppose that sounds more PC than "false," "fake," or "phony."
In adoption, the answer to "Where did I come from?" is made into a lie.
Livie's mother carried her for nine long months. She went through hours of labor to give Olivia life. Her mother was the first person to hold her, to count her fingers and toes, to cry tears over her. Livie's father is the man who was there for her mother as her entire support system. He was the one who held her hand during those long hours at the hospital. And he held his daughter in his arms and marveled over her beauty, finding himself in her features.
They gave Olivia life.
Their names
belong on Olivia's birth certificate. They deserve it. Olivia deserves it. And above all else, it is the
truth.
The birth of a child is miraculous. It is raw beauty and utter power. It is nature at its finest moment. In that moment of pure truth, falsifying part of it is sacrilegious. It is wrong.
We love our daughter, and we are her mom and dad. We change her diapers, feed her, laugh with her, care for her. But her first parents are also her mom and dad. They gave birth to her and made a difficult choice, one that should be respected, not hidden or negated.
Olivia is deserving of knowing her heritage. Our other daughter, Paityn, will never have to worry about her birth certificate. It contains the truth of her birth. Her sister's, simply because Olivia is adopted, will not. It will be a paper that is lies and falsification. It angers me that this disparity in equality will exist between my children.
On that day when the judge pronounces us as Olivia's legal parents, there will be a shadow over my happiness. What should be a completely joyful day will contain a drop of bitterness because of a lie we do not want created.
When our family is formally and legally bound together, the state is also taking away something incalculably precious from my daughter: a portion of her identity. A part of her that her dad and I are proud of, that we celebrate, and that we embrace. The state seeks to nullify it. To erase it. To seal it from all eyes. Our signatures will be demanded; our complicity is the only path towards legally caring for our daughter.
And adoption forces us to be liars.
Partially inspired by The Declassified Adoptee's account of her own falsified birth certificate.
I am working to determine how I can best help enact change in the area of Adoptee Rights. As an adoptive parent, I feel that it is part of my job to help work towards my daughter's equal right to her original birth certificate. The two places I am starting are the Adoptee Rights Coalition and California Open.