One of the most common myths in open records legislation is that “birth records can not be opened to adoptees because birth parents were promised privacy or anonymity.”
However, that’s just not true. It’s a MYTH.
In Georgia, the Surrender of Parental Rights form has been used since the Adoption Act of 1977 went into effect on January 1, 1978. Adoption agencies, attorneys, churches, and states have been using the exact same document since.1 (Prior to 1978 in Georgia, birth mothers did not have to sign any official surrender documents.)
Take this surrender document (pictured below) signed by a birth mother in early 1979. This mother is agreeing to surrender her child to the Georgia State Department of Human Resources, Division of Children and Family Services. In the document, she agrees to surrender the child to the State, not interfere in the management of the child’s life, and relinquish all rights and claims to the child. Nowhere in the document does it state that anonymity is promised or even an option for birth parents. It does not assure the birth parent secrecy from the child, potential adoptive parents, or society in any way. If anyone at any time made an implication of such, they did so without any legal standing.
The Surrender of Parental Rights also did not guarantee that the child would be adopted. The child could have remained in foster care until they reached the age of majority or been cared for under a legal guardianship instead of an adoption. It is not until the finalization of an adoption that a child’s original birth certificate would be sealed and replaced with an amended post-adoption birth certificate. Up until the point of adoption, the original birth certificate containing the birth parent(s) name(s) was available the same as for any other person born in Georgia.
Additionally, when an adoptee requests information from the Georgia Adoption Reunion Registry (a service to birth parents, adopted persons, adoptive parents and siblings who are affected by adoptions finalized in Georgia) they will give the adoptee the name of the birth parent if they are deceased and locate the obituary for them. Adoptees can also request a death certificate from the state for a deceased birth parent. So if the State of Georgia promised birth mothers anonymity, then why is a state-contracted organization giving out the birth parents’ names?
In Georgia, the only way for adopted persons to obtain their original birth certificate and any birth records is to hire an attorney to petition the State for their sealed documents. It costs adoptees thousands of dollars and a lot of time. Even upon doing so, there is no guarantee that the records will be given to them as it is up to each individual judge. Some are successful in their pursuit and the judge orders their records to be opened and provided to them. If the State of Georgia promised anonymity to birth parents, then the State would not be able to provide birth certificates and records upon petition without consent from those they promised anonymity to. But the fact is, anonymity was never promised to birth parents. Rather, it was forced upon them by the sealing of records.
We need laws that exist based on facts and not the myths that have long endured. It is time for the State of Georgia to remove the undue burden placed upon adopted persons to obtain their original birth certificate allowing them to acquire it via the same method and fee as all other persons born in Georgia.
1. In 2018, the right to withdraw surrender was changed from 10 days to 4 days.
Current GA Surrender of Rights Form (2021)