On an unschooling list I'm on, somehow the issue of adoption came up, and the issuing of revised birth certificates that name the adoptive parents, rather than the biological parents. We don't tolerate a lot of off-topic chatter on that list, but I found the brief conversation thought-provoking, so I thought I'd bring my thoughts here.
One person said that she thought the creation of new birth certificates for adopted children was "the most horrible abuse of public records I can imagine."
I said that I could think of worst abuses (people use public records to stalk ex-girlfriends, for instance, or to commit identify theft, both of which seem worse to me). But I also said:
I have mixed feelings about re-issued birth certificates, but it's really standard now. We were not presented with any option to do anything but have Yehva issued a new birth cert with our names as her parents as part of the process. It makes many things easier--it's one document I have to present for proof of ID and relationship, rather than 2 (birth certificate and stack of papers from the court finalizing the adoption). It does seem strange to me, though. I would have been very happy with a birth certificate that reflected both birth and adoptive parents, and then, too, that would be a record that an adult adoptee, or her descendants, could use to trace both adoptive and biological families. It would be both more honest and more complete.
I was thinking more this morning as I was on a long drive, and reflecting that a non-revised birth certificate would reflect a different name for Yehva as well as her birthparents' names. That wouldn't be the end of the world at all; we have a single document from the court that uses her old name but that both finalizes our adoption and legally changes her name. So, for the purposes I can think of that we might need a birth certificate--to prove identity, prove her age for school enrollment, or prove our parental relationship to her--it would be easy enough to show both documents, and would only take any reasonably intelligent bureaucrat an extra minute or two to put it all together.
On the other hand, I was thinking of other instances where birth certificates don't reflect biological parentage, or have been revised in such a way that they show a later truth rather than the truth at the moment of birth.
One instance involves certain reproductive technologies. David, for instance, is not the boys' biological father. An anonymous sperm donor is. Under the law a married man is presumed to be the parent of his wife's children, so we didn't have to take any extra steps to have him named the boys' parent, and he appears on their birth certificates as their father. (And some studies show that a surprising percentage of married men are not the biological parents of their children, so while our path was different, David is by no means alone.)
This is different from adoption because there was never a thought in anybody's mind that anybody but David was, and would be, their father. Some nice young grad student in Detroit donated sperm to a place with the warm and fuzzy name of International Cryogenics, presumably because he needed cash. They assigned him a number and put him in a catalog, and when we were sperm-shopping, we picked his. We didn't want to know him, and he made it clear in his intake forms that he didn't want to know us, or any children who might be conceived with his sperm.
I know that some kids conceived with donor sperm are curious about their donors, and even look for them. When there are proposals for laws that would un-seal these records when kids turn 18, I understand that the intent is to give children more information, and yet I worry that such a law would make men less likely to donate sperm. And even though these children are curious, it seems a great deal different to me than the curiosity adopted children have about the men who fathered them "in the old-fashioned way," who must have had some kind of relationship, however brief, with the women who carried them and gave birth to them, and perhaps cared for them for some period of time after birth as well.
I just don't feel the same way about Donor # F006, as grateful as I am to him, that I do about Yehva's birthparents. When I imagine Yehva's granddaughter, say, curious about her past, wanting to know where she came from, it seems to me that she might want to know not only about my family history, and David's, but Yehva's birthparents' histories as well. Perhaps she would want to know that even more. I don't imagine Eric's granddaughter having the same curiosity about the sperm donor. This could be a failure of imagination or empathy on my part.
Even as I am curious about that branch of my family that came to the US during the Potato Famine, or the branch that came (via Canada) because somebody was heading to Australia and got on the wrong boat, Yehva's granddaughter might be curious about the forces that brought Yehva's biological family to Chicago. Were they the descendants of free blacks, who had a community in Chicago even before the Civil War? Did they come north in the early 20th Century to work in the slaughterhouses, or seeking industrial jobs during WWII?
Perhaps most interesting to Yehva's granddaughter mght be the question of how her grandmother came to be adopted into a white family in Michigan.
We happen to have quite a bit of information about Yehva's birthparents, and her maternal grandparents. But what I have in a file is not a public record; it might not be available for Yehva's granddaughter when she wants to answer these questions, even if I am careful to save it and hand it down. I understand that Yehva's revised birth certificate creates a disjuncture in the record, and I know that it felt strange and uncomfortable to hold the revised birth certificate in my hand and see my name on it as if I had birthed her. I wondered whether that birth certificate violated the Quaker testimony of Truth.
(I understand, too, that genealogy can be especially difficult for black people, because records are sparser and less complete--I was looking at a website with some old census documents awhile ago, for instance, and some places submitted documents that listed every single white person by name, but then only "10 free blacks, 27 slaves," or a list of first names for black people. Marriages among slaves might be informal, or not recorded. And so on. So, in Yehva's case and the case of other transracial adoptees, the revised birth certificate can throw up an additional barrier to her black or mixed-race descendants who want to trace their history, and don't want it to disappear into the history of my (mostly) white family, and David's.)
On the other hand: there are times when it seems entirely right and proper to me for a revised birth certificate to be issued. Neither David nor I uses the name we were given by our parents; David has a revised birth certificate, but I have never bothered to get one although I did legally change my name. These certificates are similar to Yehva's in that they reflect a reality that was not true at the time of the birth.
Likewise, some states allow transsexuals to receive amended birth certificates. Some of these are marked as amended, and some aren't. It seems entirely good and right to me that transsexuals should receive amended certificates; they are an aid in getting other documentation with the correct name and gender on them, and it is a gesture of respect.
These changes can also create gaps and confusions in the historical record. But one thing that seems different about my name change, and various friends' gender transitions is that it was their own choice to make the change and request an amended certificate.
Yehva, and other adopted children, aren't given that choice. That makes a difference to me, that question of choice. As one person on the unschooling list pointed out, it's even stranger when a child is adopted at the age of 3, or 10, and a new birth certificate is issued. How might it feel to a child who remembers her birthparents, to have them removed from her documentation?
I have protected the name Yehva's birth mother gave her; as a person who doesn't use her birth name, married to a person who doesn't use his, I have had too many instances of people pushing to know my "real" name or David's to toss that kind of information around freely. Yehva may or may not be comfortable with people knowing the name she was given at birth and carried for four short days, but I tend to think it's up to her. From that perspective, I welcome a revised birth certificate that doesn't disclose information she might not want to disclose.
And yet--the revised birth certificate hides information that may not need to be hidden. It erases Kimberly and Cordelro. It pretends to hide an adoption that is plain as day to anyone who sees our family together. Some adopted people feel that revised birth certificates are one way that adoption is still shown to be shameful and loaded with stigma.
I haven't spent a lot of time reading up on what adopted people or other adoptive families think and feel about this. I haven't talked at all, or thought much, about what the preferences of birthparents might be; I imagine they would vary. These are just my own thoughts, and there are undoubtedly aspects I haven't considered. There's a lot going on with these apparently simple pieces of paper.